If you are a truck driver and you become involved in a crash, you will want to make sure you do certain things to protect you should you wish to commence litigation or if someone sues you. As in any motor vehicle accident and you are injured do not get out of the car until police or ambulance are on the scene. If you see the other vehicle(s) note the make and model. If you see the license plate jot that down. If you are physically able you should take pictures of the scene. This will help you whether you are suing or you are being sued as an employee for a trucking company. Depending on the circumstances there are many possibilities regarding who is at fault for the collision. It could be the fault of another party, it could be the fault of the trucking company, or it could be your fault.
It is important that, as a truck driver, you are aware as to what the facts are while you are at the scene.
Make sure that you volunteer your expert knowledge
As a truck driver, you are likely to understand the intricacies of how trucks operate and how the mechanics of a truck can fail. If you believe that the collision occurred due to a mechanical error, this, in most cases, will not be determined to be the fault of the driver. In this case, you should make sure that you can give a detailed account of how you believe that the mechanical functions of the truck were to blame.
Cite any attempt you made to enforce safety
You may believe that the truck was poorly maintained by the trucking company. You may want to cite evidence that you have of poor vehicle maintenance, and you should also bring to light any documentation you have of requesting better safety or maintenance standards.
Fatigue could be the fault of the trucking company
If the collision occurred because you fell asleep at the wheel or because you were fatigued, this may not necessarily make you liable. If the trucking company was requiring you to work extremely tight deadlines and pressuring you to avoid sleep, they may be held liable instead.
If you have been involved in a crash while working as a truck driver, it is important that you protect your personal interests by understanding the laws in New York.