Truck Accident Lawyer in New York

What Causes Truck Accidents?

Truck drivers must undergo special training and obtain a commercial vehicle license, but accidents still happen due to negligence. Common causes include:

• Tailgating smaller vehicles
• Making sharp turns at high speeds
• Fatigue from driving for extended periods
• Driving while impaired by drugs or alcohol
• Poor vehicle maintenance or other unsafe safety equipment
• Texting or other cell phone use while driving
• Reckless driving
• Unsecured or improperly loaded cargo
• Defective manufacturing

Because trucks weigh significantly more than passenger vehicles, unfortunately the injuries these accidents cause are often severe. Truck fires are also not uncommon, and are incredibly dangerous, sometimes even resulting in wrongful deaths.

Trucking Regulation Violations and Your Case

Due to the risk of serious injuries, federal regulators hold truck drivers to higher safety standards than other drivers. Among the most important aspects of these regulations are the Hours of Service rules from the Federal Motor Carrier Safety Administration (FMCSA), intended to prevent fatigue-related crashes. Hours of Service rules include:

• 10 hours off-duty before starting a new shift
• Maximum of 14 consecutive hours on duty
• Maximum of 11 hours of a shift driving
• Mandatory 30-minute rest break after 8 consecutive hours of driving

New York truck accident lawyers often find that truck drivers recklessly ignore these regulations due to tight timetables in the trucking industry, resulting in catastrophic consequences. Violation of these or any other trucking regulations—such as falsifying records of driver duty logs, failing to document vehicle inspections, or make necessary repairs—may be considered serious negligence.

Who is Liable in a Truck Accident?

While the cause of a truck accident may seem straightforward enough, determining liability can be complicated. Depending on the cause of the accident, the trucker, the trucking company they work for, or even the manufacturer of the truck could be responsible.

Negligence on the part of a truck driver may be straightforward, but multiple parties are responsible for a truck’s safe operation on our roadways. Federal laws can hold trucking companies responsible for their employee’s actions. In other words, if the truck driver caused the accident, his employing company could also be liable.

Depending on the nature of the accident, other parties that might share responsibility include:

• Truck mechanics or maintenance crews responsible for repairs or inspection
• The manufacturer of a faulty part or component truck component
• The company that loaded the truck’s cargo

If you have questions about who is liable for your accident, working with a New York truck accident attorney can help you understand your rights.

Do I Need a New York Truck Accident Lawyer?

Determining liability in a truck accident can be complex and requires significant expertise in trucking regulations and how to gather evidence, including records of the trucking company.

One of the first steps a New York truck accident lawyer should do for your case is to send a letter of spoliation. This letter prevents the trucking company from destroying records that may serve as crucial evidence. These include:

• Driver Logs and Hours of Service Records
• Personnel Files
• Accident Reports

It’s important to act fast, since companies are only required to retain records for a limited time. Hours of Service records, among the most crucial evidence in proving possible negligence, may be destroyed after six months. Once we preserve these records, though, our truck accident lawyers serving New York work with experts to review the details of your accident, determine who’s liable, and negotiate aggressively for the settlement you deserve.

Buttafuoco & Associates has extensive experience with truck accident claims in New York.

Call us now at 1-800-NOW-HURT to schedule your free consultation with no obligation.