Truck companies and truck drivers are required to adhere to local, state and federal safety regulations that are in place to prevent truck accidents and potential catastrophic injuries and loss of life. However, it is a sad fact that a number of accidents occur because truck drivers and truck companies are negligent (careless) when it comes to following these regulations.
If you or a loved one has been injured in a New York truck accident, it is important to find out which regulations may have been violated. Our experienced truck accident lawyers can help investigate your truck accident and determine how such violations may have an impact on your claim.
Understanding Important Safety Regulations
We have seen in numerous instances that when truck drivers, trucking companies and/or other parties violate regulations, it tends to have a significantly positive impact on the victim’s lawsuit. The violation of critical safety rules is a form of negligence or carelessness. Here are some of the important safety regulations that might apply to your case:
Hours of Service Rules: One of the most important federal truck safety regulations is what is known as the Hours of Service or HOS rules, which require commercial vehicle drivers to get adequate rest before getting on the road. According to current laws, truck drivers are required to maintain electronic logs showing their breaks and time on the road.
For example, under HOS rules, truck drivers have an 11-hour driving limit, which means they may drive a maximum of 11 hours after 10 consecutive hours off duty. These rules are in place to prevent truck driver fatigue, which we know is one of the main causes of major truck accidents.
Truck Maintenance: Trucking companies are responsible for making sure their trucks are properly repaired and maintained before they get on the road. Companies are also required to keep careful records of truck inspection and maintenance. If a truck accident occurs because of poor vehicle maintenance, the trucking company can be held financially liable as well.
Driver training requirements: There are also laws that require trucking companies to make sure their drivers are properly trained in safe driving practices and that they have a valid commercial driver’s license (CDL). If negligent (careless) hiring or employee retention had a role in the crash then the employer may be held accountable.
Drug and alcohol testing: There are strict federal guidelines that require truck drivers to be tested at various times including before they are made a job offer, after an incident, at random times, and when they return to duty after a violation. Supervisors and managers should also be trained to spot when a driver is impaired and poses a danger.
Who Can Be Held Liable?
There are a number of parties who can be held liable for truck accidents. The truck driver who causes the accident because of impaired driving, distracted driving, fatigued driving, speeding and other types of negligence (carelessness) can be held accountable. The truck driver’s employer – usually a trucking company or a large retailer or corporation – can also be held liable. Generally, the employer is legally responsible for the actions of its employees when they are on the job.
In some cases where the truck driver doesn’t own the truck, a claim may be made against the truck’s owner as well. Sometimes, if a third-party company loaded the cargo improperly, this may cause the load to fall off and injure others on the road or cause a jackknifing accident. In such situations, a cargo company may bear liability.
Contacting an Experienced Lawyer
Victims who have been injured in truck accidents can seek compensation for damages including, but not limited to, medical expenses, lost income and benefits, hospitalization, rehabilitation, permanent injuries, disabilities, past and future pain and suffering, etc. Families of deceased accident victims may be able to file a wrongful death lawsuit seeking compensation for damages such as lost future income, funeral costs, medical expenses, pain and suffering, etc.
If you or a loved one has been injured in a truck accident, or if you have lost a loved one in a motor vehicle accident caused by a negligent or careless driver, the experienced New York personal injury attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options, and also fight hard to recover just compensation for you.
For nearly 50 years, our skilled accident attorneys have established a proven track record of helping injured victims. Our law firm recently recovered $5,600,000 for a bicyclist who was hit by a van, and $2,550,000 for another victim of a truck accident, and $3,000,000 for a pedestrian who was hit by a car, and the full $1,000,000 insurance policy for a pedestrian who was hit by a truck, and $4,625,000 for a driver who was in a car and was hit by a van, and $2,500,000 for a man who fell through an improperly secured hole. Also, one of our clients obtained a verdict for $43,940,000 and another of our clients got a verdict for $23,500,000, both in medical malpractice cases.
Please contact us TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). WE CAN EVEN COME TO YOU. There is no attorneys’ fee unless we recover money for you. We can also help with personal injury and/or medical malpractice cases in New York, New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
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