Truck Accident Lawyer
An accident with a truck can be devastating for victims, often resulting in serious injury, emotional pain, and even death.
Our truck accident lawyers help clients in New York seek justice from these tragedies and recover the compensation they deserve.
Find out how the Law Office of Michael H. Joseph, PLLC in New York, NY, can help you.
Find Out If You Have a Case Contact the Law Office of Michael H. Joseph, PLLC Today
Our truck accident attorneys will fight for you; even it means taking your case all the way to court. If you or someone you know was involved in a truck accident, please contact our firm today. We will meet with you for a risk-free consultation to discuss your case.
Schedule an appointment with a truck accident lawyer at our Manhattan or White Plains, NY, office locations by calling:
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State and Federal Trucking Regulations
The Federal Motor Carrier Safety Administration
In general, the state of New York abides by Title 49 of the Code of Federal Regulations set forth by the Federal Motor Carrier Safety Administration (FMCSA). These regulations encompass everything from the required records of commercial trucking companies to safe driving practices. The law is designed to prevent businesses from hiring unqualified or unsafe vehicle operators and reduce errors that can lead to accidents.
The New York State Department of Transportation
The New York State Department of Transportation outlines some specific exceptions to the FMCSA regulations and expands on some areas to better protect drivers in the state. Municipalities like New York City also have additional rules and regulations that govern large trucks and commercial vehicles. For example, NYC prohibits the access of commercial vehicles on parkways and segments of roads like Fifth Avenue and Park Avenue.
Common Causes of Truck Accidents
Though the Federal Motor Carrier Statute has strict regulations concerning the qualifications of commercial trucking employees, unqualified drivers still make it out onto the road. All commercial truck drivers must have a valid health certificate issued by a doctor, no history of fainting or seizures, and not be on medication that causes drowsiness. Unfortunately, some drivers are dishonest in their medical evaluations and illegitimately pass the screening. Meanwhile, the industry currently has fewer and fewer job applicants, leading some commercial trucking companies to cut corners.
Poor judgment and demanding trucking schedules continue to push big rig drivers to take unnecessary risks. While it is always dangerous to speed, it can be especially catastrophic for semitrucks and other large vehicles. Because of their size, it takes longer to slow a truck, leading to more frequent collisions if traveling at fast speeds. Furthermore, the high center of gravity increases the risk of fatal accidents like rollovers. If speeding played a role in your case, our New York truck accident attorneys can work with reconstruction experts to help prove the fault of the truck driver.
Overloading & Unsecured Cargo
Trucks that exceed cargo-carrying limitations are at higher risk for tire blowouts and tipping over due to the excessive weight. The consequences can be severe if not fatal for both the driver and others on the road. Regardless of the weight, all types of cargo must be properly packed and secured with even weight distribution. Failure to do so can result in a trucking accident, particularly if the vehicle needs to make a sharp turn or sudden stop. Furthermore, unsecured cargo may fall out of a truck creating dangerous obstacles for other drivers.
Truck drivers and trucking companies are required to inspect and maintain their vehicles in a condition safe for the road. When the owners and operators take shortcuts during inspections, they increase the likelihood of a truck accident. Break failure, tire blowout, Commercial trucks are not the only vehicles subject to these regulations. Box trucks, tractor-trailers, and other privately owned large trucks must be properly maintained, or the owner can be held responsible for resulting damage and injuries.
Truck Driver Fatigue
Truck driver fatigue is one of the main causes of accidents that result in serious personal injury and wrongful death. The Federal Motor Carrier Statute limits the number of hours a driver can operate a truck continuously and requires break periods to make sure that drivers remain alert. Fatigue can cause poor observation of road conditions, slower reaction time, increased violation of traffic laws, and other errors responsible for serious truck accidents.
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Truck Accident Cases in New York are Rising
Pedestrians in Trucking Accidents
Our New York truck accident attorneys know the devastation that can result from a truck crash. The consequences can be particularly tragic when the accident involves a pedestrian. In a densely populated, busy area like New York City, dozens of pedestrians are injured or killed by large trucks every year.
Some of these truck accidents would never occur if companies and drivers abided by the law. New York City has put in place additional regulations to protect pedestrians, like the requirement for all commercial vehicles to have cross-over mirrors in the front cab of the truck. Our truck accident lawyers are well versed in the rules governing large personal and commercial vehicles in the city and will hold liable parties accountable for your damages.
Who Is Liable for the Truck Accident?
The trucking company
The truck or vehicle parts manufacturer
A truck maintenance worker
Truck accidents with multiple at-fault parties can get complicated. To ensure the best outcome in your case, you need professional assistance.
Meet With a Truck Accident Lawyer Today
If you or someone you know was the victim of a truck crash, you might be entitled to significant compensation. Our New York truck accident lawyers take on both personal injury and wrongful death claims and will be happy to meet with you to discuss your case. Schedule a consultation at our Manhattan or White Plains office online or by calling:
"Highest Quality in the Business."
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Pure Comparative Fault How State Personal Injury Law Affects Your Compensation
New York is one of just 13 states that operate under pure comparative fault law, giving individuals the right to sue for damages regardless of their share of responsibility. This legal principle can be particularly beneficial for victims of trucking accidents and other high-value personal injury cases. Large trucks often cause more damage than they sustain, leaving other parties to bear the brunt of the financial burden. Fortunately, under pure comparative fault law, you can still recover compensation for your losses even if you were partially or mainly responsible for the accident.