If you have been involved in a trucking accident, our New York truck accident legal staff is here to help you in your time of need. We have won millions for people like yourself that have been injured due to the negligence of others. Depending on the circumstances of your trucking accident, the manufacturer or creator of a defective auto part, the trucking company, and/or the driver of the truck in the accident may be obligated to cover the cost of your current and future medical bills, lost wages, and other damages. Trucking Company Negligence:
Negligent Hiring: Trucking companies have an obligation to hire individuals to drive their commercial vehicles that are qualified and responsible drivers. If someone under their employ has an expired license, has a history of DUI or DWI offenses, previous driving infractions, or a history of driving tickets and/or other driving-related infractions, the company could also be at fault for your accident.
Inadequate training: Truck driving companies have an obligation to ensure that the drivers that they hire pass truck road tests, understand all applicable safety standards and regulations, have training on how to properly handle and transport specialized materials, and that they have the wherewithal and ability to fully handle the commercial truck that they are operating.
Hours of Service Violations: Truck drivers that drive long distances are required to take regular breaks because driver fatigue can cause serious and sometimes fatal accidents. Truck drivers are prohibited from driving over 60 hours over a period of 7 days and must take mandatory breaks after driving 14 hours at a time. If your driver fell asleep at the wheel or if your accident was due to the fatigue of the truck driver, we may be able to get a recovery for you.
Inspection Failures: Trucking companies have an obligation to properly maintain their vehicles. New York state law requires that all trucks on the road pass regular vehicle inspection. Proper maintenance can also include regular maintenance like oil changes, tire rotations, break inspections after large amounts of miles have been traveled.
Truck Driver Error/Negligence: In congested places like New York City, roads are highly trafficked with a multitude of different types of motor vehicles. Roads are often blocked by delivery vehicles, alternate-side-parking mandated double parked cars, garbage trucks, taxicabs picking up people, pedestrians, and more. Large vehicle operators should be alert, properly trained, and have the proper licensing necessary to operate a commercial truck. When truck drivers drive in New York, they should follow all city and state motor vehicle laws and their vehicle should have up-to-date motor vehicle inspection certification. Unfortunately, truck collisions caused by driver error and negligence are a daily occurrence in New York. Some of the different causes of truck accidents due to driver error/negligence are:
Aggressive Driving: Aggressive driving tactics like tailgating, weaving in and out of traffic (excessive lane changing), speeding, and/or not defensively driving have the potential to cause harm to others especially while driving a truck in New York.
Adverse Driving Conditions: New York truck collisions can occur when drivers drive when weather conditions reduce adequate visibility, impede their ability to brake suddenly, or otherwise make it difficult to safely drive a truck.
Overweight Load: Strict federal and New York State laws prohibit trucks from overloading their trucks with amounts that are higher than regulations allow. If you have been in an accident with a truck that was overloaded past the legal limit, it could have impacted the driver’s ability to properly stop and maneuver the vehicle.
Failure To Signal A Turn or Lane Change: The truck driver is in violation of New York driving regulations if they failed to signal a lane change. Additionally, the trucking company may also be at fault if the driver was hired by the trucking company despite a history of driving-related tickets and infractions.
No-Zone or Blind-spot Accidents: Large trucks have known blind spots and while drivers are warned of these “no zones,” which are typically found directly behind the trailer, directly in front of the truck, and on both the drivers and passengers’ sides of the vehicle.