NY Truck Accident Lawyer
New York Truck Accident Attorney
Truck accidents such as those with 18 wheeler tractor trailers are some of the most dangerous accidents on the road today. On average, a loaded commercial trailer hauled by a tractor can weigh from 55,000 to 80,000 pounds, while an automobile weighs in the 3,000 pound range. The enormous size of trucks coupled with driver inattention, fatigue, and the pressure placed by employers on drivers to work long hours all lead to accidents. Additionally, many trucks carry flammable or other hazardous toxic materials which are inherently dangerous.
Winning a Truck Accident Case – What do I have to prove?
It is important to show that the truck driver failed to use reasonable or ordinary care in driving the tractor trailer and that this negligence caused the injuries in question. Early investigation is key. An examination of the tractor, the trailer, mileage, prior maintenance and repairs, log books, prior legal or regulatory violations by the driver or trucking company, location of impact, witness statements, truck speed, and other relevant evidence should be obtained. If you or a loved one has been injured in a truck accident, you need sound legal advice and a knowledgeable attorney who is willing to fight for the absolute maximum compensation possible under the law.
What to do after a Truck Accident
(* See our section entitled, Ten Things to Do After a Car Accident. )
Additionally, make sure not to say anything after an accident to the truck driver or to an insurance company as these statements can later be used against you. Often an insurance company will attempt to obtain a recorded statement. When you hire a lawyer and file a lawsuit, the litigation process will include a deposition or Examination Before Trial (EBT), in which the insurance company lawyer will ask detailed questions about how the accident happened as well as your injuries. Naturally, there will be slight differences between the tape recorded statement taken immediately after the accident and the deposition taken 6 months to 1 year or more after the accident. At the time of trial, the insurance company’s lawyer will point out little differences between the recorded statement, the deposition, and your trial testimony in an effort to discredit your case. Don’t allow the insurance company 2 bites at the apple. They are already entitled to a deposition and there is no reason to provide further statements unless your lawyer approves it.
After an accident, you MUST NEVER:
- Apologize to the truck driver or other involved parties
- Admit the accident or anything at all was your fault
- Say "I didn't see you" or anything of the kind
Comments like these could be taken as an admission of fault.
Contact an Accident Attorney
If you or a loved one has been injured in a truck accident, it is crucial to call a truck accident lawyer immediately. Frekhtman & Associates (866) ATTY – LAW. An attorney can assist you with gathering evidence such as:
- Information about the tractor trailer’s repair and maintenance history
- The truck driver's log book, trip manifest, GPS information, truck speed, and the truck's "black box"
- Witness statements from eyewitnesses and first responders
- The truck driver's driving history, driver’s license abstract, prior violations of law or regulations, and prior accident information
- The trucking company's rules, regulations, manuals, policies, procedures, and or guidelines regarding safety and maintenance and the company's accident history.
Overview of Federal Trucking Regulations
Federal Law provides rules and regulations for truck drivers and trucking companies. The Federal Motor Carrier Safety Regulations (49 C.F.R. §§ 350-399) govern all vehicles engaged in interstate traffic.
49 C.F.R. § 382 - Controlled Substances and Alcohol Use and Testing
This regulation discussed programs that should be established by trucking companies to prevent accidents and injuries resulting from impairment because of the use of alcohol or drugs by commercial vehicle drivers. Drivers with a commercial drivers license (CDL) under Section 383 must be tested for drugs and or alcohol if they drive a vehicle that weighs more than 26,000 pounds, has a gross vehicle range of over 26,000 pounds, is designed to carry 16 or more passengers (including the driver) or is used to carry hazardous materials.
49 C.F.R. § 383 - Commercial Driver's License Standards; Requirements and Penalties
By requiring drivers of certain vehicles to obtain a commercial drivers license (CDL), this provision aims to reduce or prevent truck accidents. Truck drivers must be educated and understand procedures that ensure safe operation of vehicles and be informed about the negative effects of driving when tired, with poor eyesight, alcohol or drug use and improper use of the tractor trailr’s lights, horns, mirror, brakes and other emergency equipment.
49 C.F.R. § 391 - Qualification of Drivers
Truck drivers must be at least 21, speak English, be physically capable of safely operating a truck, have a valid CDL and must not have been disqualified for driving while under the influence of alcohol or drugs, committing a felony, leaving the scene of an accident, refusing to take an alcohol test or any valid other reason.
49 C.F.R. § 392 - Driving of Commercial Motor Vehicles
Drivers must not drive while sick, fatigued, and may not use illegal drugs. Drivers must obey traffic laws, load cargo safely, perform inspections and drive cautiously in hazardous conditions. Drivers must be able to stop the vehicle before reaching railroad tracks, and must stop when carrying hazardous materials.
49 C.F.R. § 393 - Parts and Accessories Necessary for Safe Operation
Trucks may not be driven unless regulations with respect to lighting devices and reflectors, brakes, brake performance, tires, emergency equipment, protection against shifting or falling cargo, front-end structure, frames, doors, hood, seats, bumpers, wheels and steering wheel systems.
49 C.F.R. § 395 - Hours of Service of Drivers
A truck driver legally cannot drive 10 hours following 8 straight hours off duty or for any period after having been on duty 15 hours following 8 consecutive hours off duty. A motor carrier cannot require a driver to drive for any period after having been on duty 60 hours in any 7 consecutive days. Further, a driver cannot drive if he has been on duty 70 hours in any period of 8 consecutive days if the motor carrier operates trucks every day of the week.
49 C.F.R. § 396 - Inspection, Repair and Maintenance
The trucking company is responsible for ensuring that all parts are in proper working condition and must maintain and keep repair and inspection records. A driver is not permitted to operate a vehicle that is likely to break down or cause an accident. Drivers must inspect their trucks at the start of each day and report any defects.
49 C.F.R. § 397 - Transportation of Hazardous Materials
A driver of a commercial motor vehicle that is carrying explosives cannot leave the vehicle unattended. There are also restrictions about where a driver carrying explosive materials can park. Smoking is not allowed within 25 feet of a truck containing explosives or flammable materials.
The Federal Motor Carrier Safety Regulations (Title 49, Parts 350-399) govern all vehicles engaged in interstate traffic.
There are some situations where a tractor-trailer or other commercial motor vehicle is involved in only intrastate travel. For example, an appliance store in Ithaca may own a truck that only makes in-state deliveries.
The New York, NY Department of Public Safety has adopted Title 49, Parts 382-384 and 390-399 of the federal regulations.
The following provisions are an overview of New York laws that affect trucks operating only in New York, NY:
Driving of Motor Vehicles:
New York had adopted Part 392 of the Federal Regulations with some exceptions. Drivers involved in an accident must stop, take precautions to prevent any further accident at the scene, provide necessary information to parties concerned, and report the accident as required. The use of radar detectors and laser detectors in any commercial vehicle with a gross vehicle weight rating of more than 10,000 pounds is prohibited.
Parts and Accessories:
New York has adopted Pat 393 of the Federal Regulations in their entirety. No one can drive a vehicle on a public highway that emits unnecessary smoke or unnecessary offensive vapors.
Loads:
New York has adopted Part 393 of the Federal Regulations, including regulations dealing with projecting and shifting or falling.
Crash reports are available from:
Department of Motor Vehicles
Accident Records Bureau
Swan Street Building, 4th Floor
Empire State Plaza Albany
NY 12228 (518) 474-076
Federal Truck Laws
The Code of Federal Regulations
Unfortunately, truck wrecks are becoming too common on our roads which in turn forces the public to become more educated about the laws and regulations pertaining to tractor-trailers engaged in truck wrecks which truck wreck lawyers must utilize in order to help their client.
The Federal Motor Carrier Safety Regulations (Title 49, Parts 350-399) govern all vehicles engaged in interstate traffic, and are of particular use to you if you have been injured in a truck wreck and are looking for a truck wreck lawyer.
Contact New York City (NYC) Truck Accident Attorney at following address:-
60 Bay 26th Street,
Brooklyn, New York - 11214
Phone : (718) 331-7700
The Woolworth Building, 233 Broadway,
New York, New York - 10007
Phone : (212) 766-5656
653 East 189th Street, Bronx,
New York 10458
Phone : (718) LAW - BRONX
(718) 529 - 2766
(718) 733 - 9300
Free Consultation with a Truck Accident Law Firm at 1-866-288-9529
