In the US, over 15 million commercial trucks transport 70 percent of goods in the country each year. A large number of trucks on the roads also results in a large number of fateful accidents. According to FMCSA (Federal Motor Carrier Safety Administration) data, there was a 34 percent decrease in the number of fatal accidents involving commercial trucks between 2005 and 2009. But in a disturbing trend, this reduction was followed by an increase of 45 percent between 2009 and 2018.
In the US, over 15 million commercial trucks transport 70 percent of goods in the country each year. A large number of trucks on the roads also results in a large number of fateful accidents. According to FMCSA (Federal Motor Carrier Safety Administration) data, there was a 34 percent decrease in the number of fatal accidents involving commercial trucks between 2005 and 2009. But in a disturbing trend, this reduction was followed by an increase of 45 percent between 2009 and 2018.
The size and weight of commercial trucks, as also the high speeds at which they travel, mean that crashes can often be devastating to other motorists and passengers. The huge differences between an average passenger car and a fully-laden commercial truck in terms of weight, ride height, stopping distance, and driver field of vision, can potentially result in havoc when these two types of vehicles collide on the roadway.
Regulations
The FMCSA has been actively involved in establishing various rules and regulations to avert truck accidents and enhance road safety. FMCSA regulates the number of hours and consecutive hours a commercial truck driver can drive during a day and week.
The FMCSA regulations also require the truck owners to perform regular maintenance checks on their trucks and make necessary repairs. It is sad but true that many trucking companies don’t adhere to these regulations strictly and allow their drivers to circumvent rules for the purpose of maximizing profits.
Shortcomings of the Trucking Industry
A look at the financial stakes involved in the trucking industry is necessary to clearly understand the inherent malaise that needs to be curbed in order to make the roads safer for everyone. Tractor-trailers and heavy commercial trucks have a share of 80 percent of total revenue among all domestic transport modes (air, freight, maritime, and trucking). Revenue for motor carriers is over $600 billion annually, according to recent data.
There are instances of safety violations and allowing unsafe vehicles or drivers on the road, by some trucking companies, in order to add to their bottom line. Some estimates show that there are at least 28,000 motor carrier companies and 200,000 commercial trucks functioning in contravention of federal safety laws.
Even though they are only a small part of the 500,000 interstate trucking companies and 2.3 million registered large trucks in America, unsafe trucks plying on the road remains a hazardous issue.
Common Causes of New York Truck Collisions
Looking at the past data, it seems evident that most fatalities and injuries in commercial truck accidents in New York are a result of avoidable failures on the part of the truck drivers and the trucking companies they work for. Some of the causes of trucking accidents are:
- Truck driver fatigue: Time saved is money earned, in the trucking and logistics business. Commercial truck drivers usually face immense pressure to stick to strict timeframes, often at the cost of their sleep schedule. This may result in poor reaction time, decreased judgment, or at times, a drowsy driver falling asleep behind the wheel.
To reduce the number of trucking accidents caused by fatigue, federal regulations stipulate a limit to the number of hours a driver can spend on the road. However, some trucking companies in New York violate these hours of service regulations, putting other motorists at risk of serious injury or death.
- Distracted truck drivers: Truck drivers spend days on the road at a stretch and can be easily distracted by a slew of things. Serious accidents can result from a distracted truck driver focusing on a phone, radio, or navigation system, instead of the road.
- Drugs and alcohol: A 2019 International Road Check by the Commercial Vehicle Safety Alliance resulted in 3 percent of drivers being taken out of service because of drugs or alcohol violations. Driving a large commercial truck while under the influence can be disastrous.
- Overloaded trucks: An overloaded truck is hard to control and is also more prone to rollovers and jack-knifing. A trucking company or a sub-contractor can be held accountable for any injuries resulting from an accident in which they failed to comply with regulations regarding the weight of a commercial truck or securing a load.
- Poorly maintained vehicles: When a trucking company or its driver fails to perform routine maintenance as required by federal law, they can be held responsible for any resulting injuries. For instance, a driver who fails to inspect or maintain their braking system can be held accountable for injuries resulting from preventable braking problems.
- Inclement weather or defective road conditions: Weather and road conditions like rain, snow, insufficient signage, road construction and, potholes can also be contributing factors in a trucking accident. Most investigations, however, tend to assign negligence on part of the truck driver even if external conditions cause an accident.
What are the Commercial Truck Accident Laws in New York?
Any injuries sustained by occupants of a passenger vehicle involved in a collision with a commercial truck are covered under truck accident laws in New York. The doctrine of negligence comes into play while determining liability in these cases. As the accident involves a commercial truck driver, multiple sources of law, including traffic laws and civil liability rules, as well as regulations of the Department of Transportation (DOT) and the Federal Motor Carrier Safety Administration (FMCSA) will apply.
Investigating the Cause of a Crash
In case of a truck accident, the injured victim is not always assured of monetary compensation, even if the nature of the injuries is severe. Investigating the cause of the accident is required to ascertain whether the plaintiff is eligible for financial damages.
Before assigning any legal responsibility, it is crucial to determine the cause of an accident. A number of parties, including the driver, the trucking company, mechanics who worked on the truck, or even an entity like a city or state government can be found legally liable for an accident caused by a commercial truck.
An investigation is required to find out whether or not a trucking company’s or a truck driver’s negligent attitude caused the accident. A legal team needs to thoroughly check all evidence related to the crash, including:
- Driver’s records showing qualifications, training, hours of service, and inspection history.
- Vehicle’s maintenance and inspection papers.
- Review of any Black Box, or event data recorder, information that can assist the investigation.
- Photographic evidence of the crash scene and the vehicles involved.
- Data from onboard communications systems, engine control modules, and other systems.
- Interviews with parties or witnesses.
- Police reports.
It is essential for all New York drivers that are involved in the accident to remain at the crash site. Otherwise, they could potentially face charges for hit and run.
Identifying the Proper Defendants
It is vital that every individual, business organization or government entity deemed to be responsible for a truck accident should be identified by the plaintiff in order to claim damages and establish liability. It is crucial to name all of these parties in the documents at the time of filing the lawsuit in court. If any are left out, and it is later revealed that an omitted party shares responsibility, it may be too late to add that party due to the filing deadlines applicable in negligence cases.
While it holds to reason that the truck driver’s carelessness is one of the prime causes of accidents, a number of other entities may be legally responsible as well. The list of other defendants may include the trucking company, the truck manufacturer, the truck parts manufacturing companies (if there’s a suspicion of defective components being involved), mechanics, the maintenance companies, local municipalities, road construction contractors and, others.
Proving Liability and Damages in New York
For the plaintiff, the next step after naming all the defendants in a truck accident case is to establish liability. In most of the truck accident cases in New York, the plaintiff’s theory is based on negligence. Negligence on part of the truck driver is not a difficult contention to argue. The plaintiff is required to show that any other reasonably prudent driver would have handled the situation with more care and caution.
However, more distinct facets of the negligence laws need to be explored with respect to defendants other than the driver. If the trucking company knowingly hired a driver with substance abuse problems or previous accidents or failed to properly train the driver, the company may be liable for its own negligence. But it can also be indirectly liable based on its employer status, under the vicarious liability laws.
In addition to proving liability, the plaintiff must show the extent of his or her damages. The use of expert witnesses is the best way to accomplish this. A medical examination of the plaintiff and a physician’s opinion regarding the injuries suffered from the accident will be needed. The plaintiff will also need to submit an expert economist’s opinion on damages such as loss of income in the present and the loss of potential earning capability as well.
Truck Accident Attorneys in New York to Protect Your Rights
Truck crashes happen frequently in New York. Trucking companies and their insurance providers employ skilled teams of attorneys and investigators to avoid any liability. You need not combat them all alone to claim damages. If you have been injured in a truck crash, reach us for legal assistance today. Our experienced New York City truck accident attorneys at Rosenberg, Minc, Falkoff & Wolff, LLP have the knowledge and skills to fight for truck accident victims. Call us today at 212-344-1000 for a free case evaluation.
