New York Truck Accident Negligence Lawyers
New York Truck Accident Lawyers to Help Recover Damages
New York truck accident lawyers like the ones at Leeds Brown see firsthand the devastating effects motor vehicle accidents often have on victims and their families. The psychological, physical, and property damage from even a small collision can result in a lifetime of financial and emotional stress.
When an accident involves a large truck, such as an 18-wheeler, a garbage truck or a big-rig, the effects are frequently far worse. Passenger cars are no match for the size and weight of many of the huge commercial vehicles that clog our roadways. Trucking accidents are more likely than ordinary collisions to result in catastrophic injuries and loss of life.
It is these devastating injuries and fatalities that make it imperative for you to have aggressive and dedicated representation in your trucking accident claim. New York truck accident attorneys at Leeds Brown understand the importance of having a team of experienced and determined professionals working hard to ensure that you recover the maximum amount of damages to which you are entitled. Whether you want to negotiate a fair settlement with an insurance company or take your case to trial, New York trucking accident attorneys at Leeds Brown can help. Let us handle the complexities of your case while you tend to your injuries and your loved ones.
New York Trucking Accidents Often Involve Negligence
Determining who is at fault after a trucking accident can be tricky because of the multiple regulations and laws that govern the trucking industry and the use of large commercial vehicles. There are countless requirements that truck owners, drivers, maintenance crews, employers, and others must fulfill. After an accident, it is crucial to understand everyone’s obligations to determine who may be responsible for the accident. There may be several liable parties.
Negligence occurs when someone violates a duty of care owed to someone else. When the negligence results in injuries, the injured victim may be entitled to money to compensate them for expenses associated with his or her recovery. For example, every driver owes a duty of care to drive in a reasonably safe manner and avoid injuring drivers, bicycle riders, motorcyclists, and pedestrians. A truck driver involved in an accident while speeding, texting or driving while impaired, may be considered negligent and, therefore, liable for damages claimed by a victim of the accident.
Negligence forms the basis of most claims for monetary damages that arise from injuries caused by trucking accidents. However, the driving is not always the negligent act that causes the harm.
Federal Motor Carrier Safety Regulations and State Laws
Under trucking regulations issued by the Federal Motor Carrier Safety Administration (FMCSA) as well as those issued by state administrations, there are thousands of requirements that apply to the driving, maintaining, repairing, record keeping, and loading of trucks. Having experienced New York truck accident attorneys with intimate knowledge of the regulations can save precious time and help to preserve important evidence to use when seeking to recover compensation for your injuries.
While it is impossible to recite every requirement that truck drivers, owners, and others must follow, some examples of regulations are:
- Truck drivers must adhere to strict driving hour restrictions – they may only drive for a certain number of hours at a time, and the number varies in different circumstances
- Truck drivers are required to take time-specified driving breaks and rest periods
- Trucks must comply with very specific measurement and weight restrictions
- Trucks must meet strict noise specifications
- The regulations govern the calibration of certain instruments
- There are long-haul and short-haul regulations
- There are regulations that apply to the transportation of hazardous materials
- Drivers may be subject to alcohol and drug testing requirements
- An on-duty driver may not report or remain on duty to drive or perform a safety-sensitive function with a blood alcohol concentration above .04
- An employer with knowledge of a driver with said blood alcohol level may not allow them to drive or perform a safety-sensitive function
- Drivers must keep logs of driving, resting, and particular trucking functions
- No driver shall perform safety-sensitive functions within four hours after using alcohol
You can ascertain from the above sampling that different parties are involved from the time a truck is loaded until a driver delivers the contents to its final destination. Whether the vehicle is carrying hazardous materials, garbage or produce, this fact does not change. From hiring to loading to inspecting to driving- someone can be negligent at any time.
Is a driver negligent when he drives longer than a regulated shift? Probably. But the employer may also be liable for the driver’s actions. The employer may keep improper records of driving time or threaten a driver with termination if he does not drive over the time allowed by law. Is the driver at fault if he steps on the brakes and they don’t work properly? What about the company who installed them or manufactured them? What about the employer who hired that company? What if the driver was speeding? What if someone overloaded the truck more than restrictions allow and the truck jackknifed under the extra weight?
The questions can seem endless and overwhelming after a trucking accident, especially if you are suffering from a severe injury. You may not know where to begin trying to obtain compensation for your medical bills, lost wages, pain, and suffering or the wrongful death of a loved one. To avoid acting under pressure, contact Leeds Brown.
Contact New York Trucking Accident Attorneys to Represent Your Best Interests
Trucking companies, manufacturers, and insurance companies have representation after accidents, and they will do their best to minimize any monetary compensation you receive. They know that you are hurt or grieving the loss of a loved one. They know that your medical bills are piling up and that you quite possibly face many more expenses in the future. The emotional, financial and physical stress you feel may cause you to consider settling your case for far less than you deserve. Speak to the New York truck accident attorneys at Leeds Brown before you do anything.
At Leeds Brown, we have decades of experience representing New Yorkers in all types of accident cases. We know how to ask the right questions to determine who is at fault for your injuries. We know where to look for evidence of negligence and how to present it in a compelling manner.
When it comes to trucking accidents, our attorneys have a deep understanding of the rules and regulations that employers, manufacturers, inspectors, and drivers often violate. Our firm also has the experts needed to oversee inspections and of equipment or decipher complicated medical records. We are determined to use our resources and experience to make sure that whoever is responsible for causing your accident pays a fair and reasonable amount of damages.
With our team based and hands-on approach to cases, you will receive compassionate and highly competent representation. Our proven track record of successful outcomes speaks for itself.
Call New York truck accidents today at 1-800-585-4658 for a free consultation. Someone is here to take your call 24/7. Protect your rights to collect compensation for your injuries by contacting us today.