Call them big rigs, semi-trucks, or tractor-trailers, large trucks are truly giants on the road compared to even the largest passenger vehicles, such as pickup trucks, vans and SUVs. The very size and weight of these behemoths contribute to the danger they pose on the roadway. Because they are larger and heavier than other vehicles, trucks need increased stopping distance between themselves and the next vehicle, as well as increased reaction time to make critical decisions or respond to an emergency. These factors are not always fully appreciated by inexperienced truck drivers, or by other drivers sharing the road, who may cut in front of trucks or make other poor decisions. Trucks also have significant blind spots not only immediately behind them but also for several feet in either adjacent lane and even directly in front of them. Other drivers, as well, will have a limited field of vision and less awareness of traffic conditions, as much of their site may be blocked by the truck in front of them or to the side.
Driver errors due to lack of training, lack of sleep or unsafe operation are among the most common causes of truck accidents. Driver fatigue is one of the most unfortunate and obvious causes of truck collisions. Truckers endure long hours behind the wheel and are often under pressure to deliver their loads as quickly as possible. This may lead drivers to drive longer than they should, more aggressively or recklessly than is called for, and sometimes under the influence of stimulants to stay awake, which can affect judgment. Regulations passed by the Federal Motor Carrier Safety Administration (FMCSA) limit how many hours a driver may be behind the wheel, yet even these regulations allow for 14 hour workdays including 11 hours of driving time, with workweeks extending for seven or even eight days before any significant time off is required. Also, a horde of exceptions and exemptions in the regulations mean that many truckers are not even covered by these rules at all.
Truck mechanics, truck makers and part manufacturers can be held responsible for accidents that result from an oversight or unsafe practice. Oversized and overweight vehicles incur more risks on the road than vehicles that abide by safety regulations. Trucking company owners may be found to have played a part in the unsafe operation of their vehicles. Owners who fail to properly supervise and regulate the operation of a trucking business can be heavily fined and forced to financially compensate victims’ families.
FMCSA regulations also require that certain safety equipment be located on the truck, and that trucks are routinely inspected and maintained. However, proper maintenance and inspection may be ignored, leading to a mechanical failure at a critical moment. An inspection of log books required by the FMCSA can be helpful in determining whether the driver and trucking company were operating in compliance with the law prior to an accident, yet these log books are sometimes doctored after the fact and must be carefully examined.
What Compensation Can I Seek After A Truck Accident In New York?
After a truck accident in New York, you may be entitled to various forms of compensation. This can include economic damages such as medical expenses, lost wages, and property damage. Medical expenses cover current and future costs related to your injuries, while lost wages compensate for income lost during recovery. Property damage reimburses for repair or replacement of your vehicle.
Additionally, you may seek non-economic damages for pain and suffering, emotional distress, and loss of enjoyment of life. These compensate for the physical and emotional impact of the accident on your daily living.
In certain cases, punitive damages may be awarded if the truck driver or company's actions were particularly reckless or negligent.
At Polanco & Associates, PLLC, our seasoned team of truck accident attorneys in Cambria can help you navigate the complex legal process and fight for the full compensation you deserve. Contact us for a consultation to discuss your case and learn how we can assist you in securing your rightful compensation.
If you have been involved in a trucking accident, contact Polanco & Associates, PLLC for a free consultation regarding your personal injury claim.
