Truck Accidents Caused by Failure to Inspect Vehicle
Most drivers dread the approach of their vehicle’s inspection date. The process is never convenient and often results in the need to spend money fixing something minor. Yet federal law mandates the regular inspection of commercial vehicles because even minor issues with these large trucks can lead to devastating and possibly fatal accidents.
This potential for catastrophic collisions motivates the Federal Motor Carrier Safety Administration (FMCSA) to have stringent rules regarding inspections for large commercial vehicles. Truckers should inspect their vehicle regularly throughout each journey. These inspections should include both the vehicle’s equipment and the security of any cargo they are carrying. The companies that own large trucks need to comply with strict federal and state repair standards.
If you have suffered injuries or someone you love has lost their life in a truck accident due to failure to inspect the vehicle, you deserve compensation for your losses. The New York truck accident attorneys of Hach & Rose, LLP will work assertively on your behalf to hold the at-fault party accountable. Call us today at (212) 779-0057 or contact us online for a free consultation to learn more about your legal options.
How Failure to Inspect Can Cause a Truck Accident in New York
Commercial trucks are a fundamental part of the American economy. They are also massive vehicles with the capacity to create immense amounts of suffering and damage. When a driver or a trucking company fails to inspect and maintain the truck properly, this danger increases exponentially.
Failure to inspect a large commercial vehicle can lead to collisions due to:
- Brake failures
- Headlight or taillight defects
- Tire failures
- Axle defects
- Unsecured mirrors
- Weaknesses in cargo securement devices
- Steering column damage
While many of these issues can also affect passenger vehicles, the sheer size and mass of commercial trucks can turn these problems into catastrophes for other road users.
Proving Your Injuries Were Due to Failure to Inspect
FMSCA requires trucking companies and their employees to inspect their trucks before starting the engine. Furthermore, New York law stipulates that all drivers and vehicle owners must operate their automobiles only when they are sure that all equipment is working properly. Any equipment damage, defect, or failure can be grounds for a personal injury claim if a routine inspection would have identified the equipment that caused the accident.
An experienced New York truck accident attorney will thoroughly investigate the causes of the accident that led to your injuries. This investigation will include requesting inspection and maintenance records. The attorneys of Hach & Rose, LLP can seek to subpoena the required documents to demonstrate the company’s failure to inspect the vehicle if the trucking company is not forthcoming with this information.
Who Is Liable for a Failure to Inspect Truck Accident?
Depending on the circumstances of the accident, any of the following parties may be liable for your losses:
- The trucking company – Sometimes, truck owners cut costs by skipping professional inspections. The company may face a negligence claim if its failure to inspect leads to an injury or death.
- Repair shops and mechanics – If the mechanic who inspected the vehicle failed to diagnose and fix a problem that a reasonably competent professional would have noticed, the technician might bear some liability for the accident.
- The truck driver – The driver should inspect the vehicle and its cargo before and during every trip. If our attorneys find that the trucker neglected their duty, we could hold them at fault for their negligence.
Types of Injuries from Failure to Inspect a Commercial Vehicle Accidents
Collisions with large trucks can cause life-changing injuries to passenger vehicle occupants, motorcyclists, bicycle riders, and pedestrians. In some cases, these accidents can lead to:
- Traumatic brain injuries (TBI)
- Spinal cord damage leading to paralysis
- Organ damage and internal bleeding
- Broken or fractured bones
- Limb amputation
- Cuts, scrapes, and scarring
Compensation for Injuries from Failure to Inspect a Commercial Vehicle in New York
Many injured New Yorkers require intensive and protracted medical intervention, which can lead to substantial hospital bills. Furthermore, you may be unable to work while you are receiving treatment and recovering from your injuries. The wages you lose may have overwhelming consequences for all aspects of your life. Some individuals suffer disabilities that substantially reduce their earning capacity or prevent them from returning to work at all.
A New York truck accident claim can help you recover these financial losses and more. The attorneys at Hach & Rose, LLP can help you receive compensation for:
- Medical bills for your accident-related injuries
- Lost wages from missed time at work due to your treatment and recovery
- Lost future earnings if you cannot return to the same job
- Future medical expenses
- Modifications to your home to accommodate disabilities
- Therapy expenses
- Property damage
Furthermore, the losses that many individuals incur are not exclusively economic. Our lawyers can also help you recover compensation to address:
- Physical and emotional pain and suffering
- Disfigurement and disability
- Loss of enjoyment of life
If you lost a loved one in a truck accident due to failure to inspect the vehicle, our legal team could file a wrongful death claim on your loved one’s behalf. You may be able to recover compensation for:
- Funeral and burial expenses
- Your loved one’s pain and suffering before they died
- Loss of income for your loved one’s dependents
- Loss of companionship
Contact a New York Truck Accident Lawyer
When a truck accident happens due to a failure to inspect the vehicle, your injury claim can be challenging. The trucking company or their insurer may try to pin the blame on you rather than accept responsibility for their negligence. An experienced New York truck accident attorney will work assertively to demonstrate the true cause of the accident and build a strong case on your behalf.
The knowledgeable and skilled New York City truck accident attorneys at Hach & Rose, LLP will not allow the insurance company to devalue your claim. We will fight for the full and fair compensation you deserve. Call us today at (212) 779-0057 or contact us online for a free consultation to learn more about how we can help you.