NEW YORK AND WESTCHESTER TRUCK ACCIDENT CASES
As an experienced Trial Lawyer, Michael Joseph has represented numerous personal injury victims who suffered personal injuries as a result of commercial truck accidents. An accident with a truck can be devastating and often results in serious, often catastrophic personal injury and even death. From our New York City and White Plains offices, our New York truck accident lawyers have taken on the Wall Street firms, Insurance Companies and the commercial trucking companies. Our New York truck accident lawyers are experienced and knowledgeable about the mechanics of trucks and work closely with accident reconstruction experts on a regular basis. We know the trucks and the industry. We have handled cases involving box trucks, tractor trailers, delivery trucks, santiation trucks, dump trucks, semi trailers, 18 wheelers, construction trucks and work vans. Our attorneys have litigated truck accidents all over New York State including Westchester County, Rockland and New York City (Bronx, Brooklyn, Manhattan, Staten Island and Queens).
If you were injured in a truck accident in New York or Westchester or if a family member suffered a wrongful death because of the negligence of a truck driver our New York truck accident lawyers can help you get the justice you deserve.
Our New York truck accident attorneys know how to uncover the truth about how accidents happened. Our lawyers are familiar with the applicable federal trucking laws, which provide powerful tools for trial lawyers. Under the Federal Motor Carrier Statute trucking companies are required to maintain records of their truck drivers including their prior safety performance, qualifications, pror accidents, drug and alcohol tests, and prior moving violations. We know exactly what documents trucking companies are required by law to maintain, and we know how to get them.
The most common causes of truck accidents include
- Truck Driver Error
- Unqualified Drivers
- Truck Driver Fatigue
- Rollover Accidents
- Truck Sway
- Jackknife Accidents
- Improper Stowage, Unsecure and Unstable Loads
- Overloaded Trucks
TRUCK DRIVER ERROR
Errors by truck drivers remains one of the leading causes of accidents with commercial trucks. The damage done by commercial trucks can be immense. Trucks are extremely heavy and have tremendous momentum that can crush and shread anything that they come in contact. Even momentary lapses in judgment can have catastrophic results when a car is involved in an accident with a commercial truck, such as an 18 wheeler or box truck.
Even though the Federal Motor Carrier Statute has strict regulations concerning the qualifications of drivers, commercial trucking companies have been known to cut corners and employ drivers that simply should not be driving commerical trucks. With less and less people applying to be truck drivers, these commercial trucking companies are looking the other way and hiring people that are not qualified.
Among the requirements for operating a commercial truck, the driver must have a valid health certificate issued by a physician. The driver must not have a history of illness which can cause drowsiness, fainting or seizures. Drivers cannot even take prescription medication unless the physician has certified that the medication will not cause drowsiness. There are many truck drivers on the road with medical conditions that disqualify them from driving trucks. Unqualified drivers who have been less than honest to examining doctors are accidents waiting to happen.
TRUCK DRIVER FATIGUE
Truck driver fatigue continues to be a cause of accidents resulting in serious personal injury and death in New York State. The pressure to deliver loads continues to cause drivers to push the envelope and take unnecessary risks, all in the name of making a profit.
This is the reason that the Federal Motor Carrier Statute has strict hours of service requirements. There are limits on the amount of hours that drivers can operate a truck continuously and there are required break periods to make sure that drivers remain alert. There are also limits on the amount of hours a driver can work in a week. Violations of these regulations helps establish that the driver was at fault.
ROLL OVER ACCIDENTS
Because trucks have a high center or gravity and can have shifting loads, when they enter a curve or curved roadway, there are forces that can push the truck?s trailer in an unexpected manner. The truck speed is also an important factor. Therefore trucks entering and exiting curves need to make adjustments to their speed to accommodate and reduce the effect of these forces.
Trucks with tractors have a natural sway where when the truck moves right or left the path of the tractor sways. This phenomen is responsible for numerous accidents which involve the trailer crossing into the lane of other cars and oncoming vehicles. This phenomen can be increased by the prevalance of double trailer trucks.
UNSECURED AND UNSTABLE LOADS
An unsecured or unstable load can cause the load to shift and thereby result in unexpected forces and weight distributions in the truck which can result in roll overs, jackknife accidents and even a total loss of control. Another problem with loads that are not properly secured on flatbed, pick up, dumptrucks or open bed trucks are items falling onto the roadway and striking another vehicle. These accidents happen in the blink of an eye and can result in drivers of vehicles behind the truck taking sudden evasive actions thereby hitting other cars or guard rails. They can also result in the driver being impaled.
If you were injured in a truck accident in New York City (Bronx, Staten Island, Bronx, Manhattan and Brooklyn), we can meet you in our New York City Office. If you were injured in Westchester County including White Plains, Croton, Hastings, Bronxville, Ossining, Port Chester, Mamaroneck, Rye, Scarsdale, Hartsdale, Yonkers or New Rochelle, our experienced New York truck accident lawyers can meet with you in our downtown White Plains office.