Improper Truck Maintenance
New York ranked among the ten states with the highest average of fatal truck crashes from 2014-2106, according to the Federal Motor Carrier Safety Association (FMCSA). While trucking accidents can happen for a wide variety of reasons, one of the most concerning for others on the road is improper maintenance.
Truck drivers, trucking companies, and the third-party maintenance companies they hire all have a responsibility to ensure that these large, heavy vehicles and their systems are in proper working order before allowing them to hit the road.
A simple inspection is often the difference between a safe trip and a severe injury or fatal tractor-trailer accident. Some of the most common causes of accidents caused by improper maintenance include:
- Brake failure
- Tire blowouts
- Headlight failures and broken taillights
- Defective fifth-wheel couplings
- Faulty mirrors
- Steering malfunction
- Lack of reflective tape
Trucking companies are required by FMCSA regulations (Section 396.3 – Inspection, Repairs, and Maintenance) to:
“Inspect, repair, maintain, and keep suitable records for all vehicles subject to its control for30 consecutive days or more, or cause another party to perform such activities. The motor carrier is solely responsible for ensuring that the vehicles under its control are in safe operating condition and that defects have been corrected.”
Trucking companies are required to put their fleet through systematic inspections and maintenance schedules, but the FMCSA does not specify which intervals they need to follow since they are usually fleet-specific and oftentimes vehicle-specific. The regulations clearly state that trucking companies must perform this work routinely and regularly, and if they fail to do so, they could be held accountable for crashes caused by improper maintenance.
Contact a New York Truck Accident Lawyer
If you or someone close to you suffered severe injuries in a truck accident that was caused by failure to inspect or maintain the vehicle, you could be owed significant compensation. The trucking company, third party maintenance company, or another entity could be liable or share liability for the crash and the harm you’ve suffered as a result.
When someone’s negligence causes you harm, Hach & Rose, LLP will be there to help. Let our team of experienced New York truck accident attorneys get you the answers, compensation, and justice that you deserve. We have extensive experience handling these types of cases, so contact us to schedule a free, no-obligation consultation right away. You can reach us any time, day or night, when you call (212) 779-0057, fill out a contact form, or chat with us live.
Truck Driver Negligence
The injuries sustained in a motor vehicle accident can be devastating. Because trucks are so massive, the accidents can be even worse. Often, these collisions are caused by negligence on the part of a truck driver. If you or a loved one has sustained injuries because of a collision caused by the negligent acts of a commercial truck driver, you deserve to know your rights. You may be entitled to payment for the vast amount of expenses and suffering you have endured because of the accident.
Common Causes of Truck Driver Negligence
Truck drivers can be negligent in a wide variety of ways. Some of the more common negligent acts of truck drivers include the following:
- Negligent traffic maneuvers: Truck drivers might change lanes without first properly checking to see if the lane is clear. Additionally, a truck driver may fail to observe and obey traffic control devices. Moreover, a truck driver may fail to give the right of way to oncoming traffic, or a truck driver could make an improper turn.
- Truck driver fatigue: truck drivers may be negligent if they operate their vehicles while excessively tired or fatigued. In fact, the law sets the maximum number of hours that truck drivers can operate their vehicles without rest. If a negligent truck driver fails to follow these regulations, not only will he be accountable for his negligence, but the trucking company may be negligent for entrusting the fatigued driver. In addition, the trucking company could be responsible for failing to train the negligent driver.
- Negligent disregard: Despite operating a massive 18-wheeler, sometimes truck drivers simply do not pay attention to the roadway in front of them. This situation is more common when construction, maintenance, or accidents further down the roadway have caused traffic to back up. If a truck driver fails to pay attention to traffic in front of him, he may cause a devastating rear-end collisions where his tractor-trailer slams into the rear of a small passenger vehicle. The inhabitants of the passenger vehicle are often hopeless in these situations. These collisions are severe and often lead to catastrophic injuries.
- Intoxicated driving: Driving under the influence of alcohol, illegal drugs, prescription medication, or over-the-counter drugs can impair a driver’s coordination and judgment and could lead to a devastating accident. When it comes to alcohol, the legal limit for civilian drivers is .08% blood alcohol concentration (BAC), but for commercial drivers, the limit is lowered to .04% BAC.
Truck drivers have a responsibility to inspect their vehicles before driving and to operate them with care and caution on the road. If they are negligent in any way and cause a severe injury crash, those who’ve been hurt have a right to seek full and fair compensation for the harm they’ve suffered.
Contact a New York Truck Driver Negligence Lawyer
Were you hurt in a truck accident caused by a driver’s carelessness or recklessness? If so, be sure to contact an experienced New York trucking accident attorney of Hach & Rose, LLP right away. We will investigate the crash, gather vital evidence, and seek compensation for you and your loved ones. We will be ready to speak to you during a confidential consultation, so call us at (212) 779-0057, fill out a contact form, or chat with us live.
Town of Montgomery, NY (July 4, 2019) – One person was taken to hospital after a collision between a motor vehicle and a tractor-trailer that took place on I-84 Wednesday afternoon, July 3rd. Police stated that the crash happened around 12:00 p.m. near mile marker 27.3, approximately a mile and a half before Exit 5 in the town of Montgomery.
Brooklyn, NY (July 1, 2019) – A 29-year-old woman was reported to have been riding a bicycle when she was fatally hit by a cement truck in the Williamsburg section of Brooklyn. The tragic accident was stated to have happened around 12:00 p.m. at the intersection of Boerum Street and Bushwick Avenue.
Greenburgh, NY (June 27, 2019) – A collision between an SUV and a large truck happened on Wednesday night, June 26th, and resulted in serious injuries, according to police. Authorities stated that the accident occurred along Interstate 87 in the town of Greenburgh around 8:30 p.m.
White Plains, NY (June 24, 2019) – A crash between a car and a tractor-trailer resulted in injuries as it snarled traffic along Interstate 287 on Monday morning, June 24th. The collision took place underneath the Westchester Avenue overpass, by Exit 7, around 4:15 a.m.
Chelsea, Manhattan, NY (June 24, 2019) – A woman working as a bike messenger was tragically struck and killed by a delivery truck on Monday morning, June 24th. The fatal incident was reported to have happened along Sixth Avenue, between West 23rd and 24th Streets, in the Chelsea section of Manhattan around 9:00 a.m.
Inlet, NY (June 21, 2019) – At 9:17 a.m. on Thursday, June 20th, State Police were called to assist in the investigation of a collision that left a bicyclist injured in the town of Inlet. The accident involved a bicycle and a motor vehicle and was reported to have occurred along State Route 28.
Newfane, NY (June 20, 2019) – A collision that took place on Wednesday evening, June 19th, between an SUV and a John Deere sprayer tractor resulted in the injuries of two people, according to authorities. The accident took place around 6:15 p.m. at the intersection of Coomer Road and Ide Road in the town of Newfane.
Rush, NY (June 15, 2019) – Police responded to the scene of a serious dump truck accident that took place on Works Road and led to serious injuries. (more…)
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