New York City Trucking Accident Attorney
Negligence in the Trucking Industry
Trucks and the drivers who operate them have been known to cause some of the most destructive and catastrophic of all motor vehicle accidents. This type of accident is so frequent, in fact, that big trucking companies have deliberately put in place an entire defensive line of legal and insurance professionals that are prepared to represent such companies when truckers cause accidents. Specially trained to represent truckers and their employing companies with aggressive defense against any all accusations made against them, these professionals are ready to combat the claims you may try to make against a trucker and / or business that was directly or indirectly responsible for your injury accident.
One of the major causes of truck accidents is the negligence of the driver themselves. Speeding and aggressive driving is one of the leading causes of motor vehicle collisions. The maximum speed limit for trucks on interstates and other limited access roads in New York State is 55mph. Trucks that travel over this speed limit are prone to getting in accidents such as rollovers and rear-end accidents. When a truck is speeding, they cannot stop as quickly as a regular passenger vehicle can. This can easily result in the truck rear ending another vehicle or over-correcting and turning over onto the highway.
Another form of negligence on behalf of the driver is distracted driving. Drivers of commercial vehicles are regulated by the U.S. Department of Transportation and the Federal Motor Carrier Safety Administration. One of the more recent rules is that drivers of commercial vehicles carrying hazardous materials are not allowed to text or use their phones while driving. In fact, all use of mobile phones has been restricted for all drivers of commercial vehicles. If a driver is caught in violation of this rule, they may be fined and have their licenses taken away.
Drug and alcohol abuse is yet another form of reckless driving that will definitely constitute fault. Drivers of commercial vehicles are more limited even than drivers of regular passenger vehicles as far as blood alcohol content goes. Those who possess a CDL (commercial driver's license) that are found to have a blood alcohol concentration of 0.04 percent or greater can be charged with a DUI and may have their licenses suspended. Under the professional representation of a New York City personal injury lawyer at Sakkas, Cahn & Weiss, LLP, you can take legal action against the trucker or company responsible for the accident that caused you injury.
Licensing Fraud, Fatigued Drivers & More
A major problem in the trucking industry as a whole is under-licensed and under-qualified drivers. In order to obtain your CDL, you must pass a test as well as have a valid driver's license. Licensing fraud is becoming rampant, with federal investigators making arrests in 13 states and in the process of further investigations in 24 other states. An under-qualified driver of any kind poses a great risk to safety, let alone an under-qualified driver of a vehicle four times the size of the other vehicles on the road.
Finally, another of the greatest problems in the trucking industry today is truck driver fatigue. Drivers are employed to get their cargo to a destination at a certain time. Because of the intense pressure of this deadline, drivers will often skip their mandatory resting breaks and days off simply so that they can meet their deadlines. Driving a vehicle while fatigued is actually very similar to driving under the influence of alcohol. Tiredness is actually a form of impairment, and drivers that are found to have skipped their mandatory breaks or drivers that fraudulently marked their log books should be penalized.
If you were one of those who was injured by a driver who practiced any of the following, or were injured by a truck that was not properly maintained (i.e. tire blowout, broken lights or faulty underride guard) then please don't hesitate to contact our firm. We can help you file a truck accident claim that gets you the recovery that you deserve.