Qualified truck drivers are highly skilled, but just because they have extensive training doesn’t mean they’re not prone to committing the occasional error.Driver errors, mechanical errors, and even employer negligence often lead to devastating truck crashes on highways throughout the country — and especially in New York. If you have been injured in an accident with a semi-truck, you could be entitled to financial compensation.
As such, you will likely benefit from speaking with a skilled attorney right away to discover your options.
Trucking accidents have increased over the past few years, according to the Federal Motor Carrier Safety Administration (FMCSA). Accidents with semi-trucks often lead to severe health issues, long-term disability, or death – making them a growing concern in the U.S. The sheer weight of a semi-truck forces them to cause much greater damage than a regular passenger vehicle; in fact, they are about (20) times heavier than your average passenger car.
If you or a loved one has been in a truck accident, please contact Schwartzapfel Lawyers today at 516-342-2200 for a free consultation. It will be our honor and privilege to get you all the money and benefits you’re entitled to. Alternatively, please continue reading.
What Types Of Trucks Are Usually Involved In Accidents?
When it comes to commercial truck accidents, it’s not just (18)-wheelers that pose a threat on the road. A variety of commercial vehicles can cause severe damage due to their size and weight. Some of the more dangerous types of trucks involved in accidents include but aren’t limited to:
- Cement Trucks: These trucks are heavy and often carry unstable loads. Their high center of gravity can cause them to tip over, especially when making sharp turns.
- Dump Trucks: Frequently used on construction sites, dump trucks are prone to rollovers due to their uneven load distribution.
- Garbage Trucks: Large and difficult to maneuver, garbage trucks operate primarily in residential areas, which increases the risk of accidents involving passenger vehicles and pedestrians.
- Flatbed Trucks: Flatbed trucks carry a wide range of cargo, and when improperly secured, that cargo can shift, fall, or cause collisions with other vehicles.
- Tankers: Tankers often carry hazardous materials. In the event of an accident, these trucks can cause additional damage due to spills, fires, or explosions.
- Delivery Trucks: As online shopping increases, so does the number of delivery trucks on the road. These trucks are smaller than semi-trucks, but they can still cause significant damage in a truck accident.
Each of these types of trucks has the potential to cause catastrophic injuries, and their size and weight make accidents involving them much more dangerous than a typical car accident.
Who Can Be Held Liable For A Truck Accident?
Liability in truck accident cases can be complicated. While many people assume the truck driver is solely at fault, the reality is that multiple parties could be responsible, including:
Trucking Companies
Often, the company that employs the driver may be held accountable for unsafe practices, such as improper driver training or forcing drivers to work long hours in violation of federal regulations like those set by the Federal Motor Carrier Safety Administration (FMCSA).
Cargo Loaders
If a truck’s cargo is improperly loaded or secured, it can shift during transport, leading to collisions or rollovers. In these cases, the company or individuals responsible for loading the cargo may be held liable.
Vehicle Manufacturers
Sometimes, an accident is caused by equipment failure or a defect in the truck itself. In such cases, the manufacturer of the commercial vehicle or the defective part may be liable for the accident injuries.
Other Motorists
It’s important not to overlook the role other motorists may play in truck accidents. Drivers of passenger vehicles who cut off trucks or drive in blind spots can cause accidents that they, not the truckers, are responsible for.
Determining liability can be difficult, but an experienced truck accident lawyer can help you identify the responsible parties and pursue the compensation you deserve. To get started, call Schwartzapfel Lawyersat 516-342-2200 for a free consultation and so much more.
Five Errors That Lead To Devastating Truck Accidents
The primary causes of truck accidents are often related to errors, whether from drivers, mechanical issues, or other factors. Here, some of the most frequently observed errors include but aren’t limited to:
Driver Errors
This is the leading cause of accidents involving semi-trucks in the United States. These errors can include things like substance abuse, inattention, distractions, or even driver fatigue. When a driver cannot react properly to traffic, he or she often causes accidents.
Truck Maintenance Errors
It is the responsibility of the truck’s owner or the company managing the trucking service to maintain their semi-trucks and keep them safe. When equipment fails, the owner of the truck, as well as the mechanics responsible for the tractor-trailer, could be held liable for any injuries or deaths that may occur.
FMCSA requires all companies to perform pre-trip inspections on their vehicles. If the mechanic inspecting the truck does not properly inspect or repair issues, it is considered negligence.
Driver And Weather Issues
Drivers of semi-trucks must drive responsibly based on the weather conditions and road conditions. Because a large truck takes longer to slow down or come to a stop, they need to compensate for their weight as well as the weather. For example, a truck driver speeding in the snow and ice is driving negligently.
Loading Errors
Semi-trucks need to have balanced loads in order to maintain themselves. When the load is not configured properly, the truck may malfunction, or even tip over. Imbalanced loads are the common reason why trucks topple over. They can also lead to excess debris on the roads as items fall off the truck bed due to being unsecured or loaded improperly.
Hiring Errors
Trucking companies are often finding themselves meeting hefty demands – without enough properly trained drivers. In order to compensate, they may hire new drivers without adequate training or even background checks. These drivers and their inexperience can lead to accidents – especially when these drivers are not in compliance with the FMCSA regulations.
Violations Of Trucking Regulations
Truck drivers and their employers are subject to a host of federal regulations designed to ensure safety on the road. However, violations of these rules are a leading cause of large truck crashes. Some common violations include:
Driver Fatigue
Federal regulations, specifically the FMCSA’s Hours of Service rules, limit the number of hours a driver can be on the road without rest. However, some trucking companies pressure drivers to work longer hours to meet deadlines, leading to dangerous levels of driver fatigue.
Distracted Driving
Whether it’s cell phone use or simply not paying attention, distracted driving is a major issue for truckers. Operating such large vehicles requires full attention, and distractions can lead to deadly accidents.
Improper Vehicle Maintenance
Federal law requires regular inspections and maintenance, but some companies cut corners. Poor maintenance can lead to catastrophic accidents by causing brake failures, tire blowouts, and other mechanical issues.
Speeding
Trucks have longer stopping distances than passenger cars, making speeding especially dangerous. Despite strict speed limits for commercial vehicles, some truck drivers exceed safe speeds, increasing the risk of serious accidents.
These federal motor carrier safety administration rules are in place to protect both truck drivers and motorists. When these regulations are ignored, the results can be devastating.
Preventing Truck Accidents
Safety programs can significantly reduce truck accidents. Implementing a thorough safety plan is essential for trucking companies. This plan includes regular driver training, vehicle maintenance, and ensuring all drivers are compliant with federal regulations.
OSHA recommends a structured approach to traffic safety, which includes clear policies and procedures, regular MVR checks, and timely reporting and investigation of crashes. Establishing a culture of safety can prevent accidents before they happen and protect both the public and the company.
Injured In A Truck Accident? Contact A Seasoned New York Attorney Now!
If you or a loved one was involved in a car accident with a commercial vehicle or semi-truck, you’re likely entitled to financial compensation. To file a claim and collect what’s rightfully yours, don’t delay but do contact the experienced personal injury attorneys at Schwartzapfel Lawyers to better understand your options.
In a free consultation, we can assess your case and advise you as to how to maintain your right to full financial compensation under the law. So, please, schedule yours by dialing 516-342-2200 or contacting us online with any questions you may have.
In and out of court, Schwartzapfel Lawyers is always fighting for you!
DISCLAIMER: Nothing on this page should be considered legal advice. You should seek the appropriate counsel your situation requires. For more information, call 516-342-2200 now!
Sources:
Schwartzapfel Lawyers, P.C. | Fighting For You
Home | Federal Motor Carrier Safety Administration
Dump Truck Tip-Over Prevention Fact Sheet | Texas Department of Insurance
Interstate Truck Driver’s Guide to Hours of Service | FMCSA
MVR Checks: What Are They and Why Are They Important? | DISA
