Trucks are the lifeblood of our economy, transporting goods across vast distances and ensuring that essential products reach their destinations. However, when large trucks are not properly maintained, it can result in devastating truck accidents. Lax or incorrect truck maintenance poses serious dangers that may lead to catastrophic accidents, injuries, and even loss of life.
Trucking companies and drivers are legally required to maintain their truck according to federal and state regulations. These regulations are designed to ensure that trucks are in good working condition, thereby minimizing the risks of accidents and protecting the safety of everyone on the road.
Negligence (Carelessness) and Liability
When a trucking company or driver fails to properly maintain a truck and an accident occurs as a result of that negligence (carelessness), they may be held financially liable for any resulting injuries, damages and losses. Negligence (carelessness) in truck maintenance can encompass a range of issues, such as failing to inspect or repair vital components like brakes, tires, or lights, ignoring regular maintenance schedules, or even failing to address known issues promptly. Negligence (carelessness) in any of these areas can lead to accidents that would have otherwise been preventable.
The Role of Truck Safety Laws
Truck maintenance regulations are established by both the Federal Motor Carrier Safety Administration (FMCSA) and state agencies. These regulations set specific standards for regular maintenance, inspections, and record-keeping. For example, there are specific federal laws that dictate that every commercial truck must be regularly inspected and maintained. Drivers must inspect the vehicle prior to each trip. Trucking carriers are responsible for regular inspection and maintenance. They are also required to keep logs of completed maintenance work on their fleet.
A failure to comply with these regulations shows negligence (carelessness) on the part of the carrier and can result in hefty fines and penalties for them. Violations may include failure to conduct required inspections, falsifying maintenance records, or exceeding maximum weight limits due to improper cargo distribution.
Defective Equipment
Poor truck maintenance can also lead to the presence of defective equipment on the road. This not only puts the truck driver at risk but also endangers other drivers, road users and pedestrians. In the event of an accident, a thorough investigation can reveal that the accident was caused by a specific equipment failure that resulted from poor maintenance. This can lead to product liability claims against manufacturers, distributors, or maintenance providers in addition to the trucking company/driver. An experienced New York truck accident lawyer can help you understand who is liable for your accident and the resulting losses.
Compensation for Injuries and Damages
Accidents caused by trucks often lead to catastrophic or major injuries such as traumatic brain injury, spinal cord trauma, internal organ damage, multiple broken bones, amputations, etc. Such injuries tend to require significant medical treatment and rehabilitation and leave individuals with temporary or permanent disabilities that prevent them from working and earning an income.
Victims who have been injured in truck accidents may be able to 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.
Contacting an Experienced Lawyer
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 53 years, our skilled accident attorneys have established a proven track record of helping injured victims get fair compensation for their losses. 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 $2,000,000 in a hit-and-run accident, 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.
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