How Can I Prove That the Truck Driver Was Negligent in Causing the Accident?
A serious truck accident can leave you with a mountain of medical bills, missed work, and uncertainty about the future. You know you need help, but you may not realize how much New York trucking regulations could influence the outcome of your injury claim.
At Greenspan & Greenspan Injury Lawyers, we understand how overwhelming this process can be. Since 1959, we have stood by the side of accident victims across New York, fighting to protect their best interests and secure their full and fair recovery. We are here to help you understand the legal landscape and advocate aggressively for the compensation and support you deserve.
Truck Accidents Are More Complicated Than They Seem
When you are involved in an accident with a commercial truck, you are not just dealing with a simple car accident claim. Let’s take a look at what makes these cases so complicated.
Complex Network of Laws and Rules
Truck drivers and trucking companies must comply with strict truck driver laws and regulations at both the state and federal levels. Failure to follow these rules can lead to accidents caused by:
- Driver fatigue,
- Improper vehicle maintenance, or
- Lack of training.
Unfortunately, without an experienced attorney, many victims struggle to identify rule violations and hold the right parties accountable.
Liability Across Multiple Parties
In standard car accidents, the liable party is often easy to identify. Liability can be more complicated in cases involving commercial trucks because, depending on the circumstances of the accident, fault does not always fall on the driver but potentially on multiple parties. Hiring an attorney who knows how to handle trucking cases can help identify all liable parties to an accident.
What You Need to Know About Trucking Regulations and Truck Accident Cases
Understanding trucking regulations and truck accident cases can be critical to your legal strategy. Here are a few key elements.
Licensing and Training Requirements
Truck drivers must meet specific licensing standards under New York law and federal regulations. They must obtain a Commercial Driver’s License (CDL) and undergo specialized training for the type of vehicle they operate. A driver operating without proper licensing or an expired CDL could be acting negligently, strengthening your injury claim.
Hours of Service Rules
Federal hours of service (HOS) regulations limit how many hours a driver can be on the road before mandatory rest periods are required. Truck drivers must not drive more than 11 hours after 10 consecutive hours off duty. Fatigue is a significant factor in truck accidents, and violations of these rules often lead to catastrophic collisions. Documented violations can serve as strong evidence of wrongdoing.
Vehicle Maintenance Rules
New York State and the Federal Motor Carrier Safety Administration (FMCSA) require regular inspection, repair, and maintenance of all commercial trucks. Failing to fix known mechanical issues, such as brake or tire problems, can make a trucking company liable for resulting accidents. Maintenance logs are crucial documents that can reveal negligence or corner-cutting.
Record-Keeping Requirements
Trucking companies must maintain extensive records, including driver logs, maintenance reports, and cargo documentation. These records are essential in uncovering regulatory violations. For instance, falsified logbooks or missing inspection reports can demonstrate a company’s failure to prioritize safety and compliance, which are critical in proving fault after a trucking accident.
How Federal Regulations Impact Truck Accident Lawsuits
Federal regulations set minimum safety standards across the country. If a trucking company operating in New York violates these federal rules, it could face serious penalties, and victims can use these violations to bolster their personal injury claims. For example, the FMCSA limits driving hours to prevent fatigue-related accidents. If a driver exceeds these limits and causes a crash, it provides powerful evidence of negligence.
Our attorneys know how to use violations of federal rules strategically to maximize the compensation you can receive for medical expenses, lost income, pain and suffering, and other damages resulting from a truck accident on New York roadways.
Determining Liability in a Truck Accident
While state and federal laws provide a uniform set of standards for those involved in the trucking industry, some of those laws may be more applicable to certain parties than others. For example:
- A truck leasing company may be responsible for the proper maintenance of a leased truck rather than a driver, or
- The trucking company instructing a driver to work more than their hours of service may be held more responsible than the truck leasing company.
These factors could impact who is held accountable and even the compensation you receive. An experienced attorney will know how to determine liable parties and secure a fair settlement or verdict.
How Greenspan & Greenspan Injury Lawyers Can Help
At Greenspan & Greenspan Injury Lawyers, we understand the intricate relationship between New York trucking regulations and personal injury claims. Our team works diligently to uncover every possible violation that could have contributed to your accident. Whether the truck driver exceeded allowable driving hours, failed to inspect the vehicle, or the trucking company neglected maintenance requirements, we investigate every detail thoroughly.
Our commitment to clients goes beyond seeking the highest possible settlement. We want to ensure you receive comprehensive medical care, rehabilitation services, and the long-term support you need. You do not have to navigate the aftermath of a trucking accident alone. We are here to guide you toward a full recovery.
Your Recovery Starts with the Right Legal Team
If you have been injured in a truck accident, do not wait to seek help. Every day that passes can make it harder to collect critical evidence. With New York trucking regulations and federal rules influencing your claim, you need an experienced team that knows how to navigate these complex cases.
At Greenspan & Greenspan Injury Lawyers, we understand the complexities of how federal regulations impact truck accident lawsuits and how state regulations can impact your case and the compensation you may receive.
Call us today for a free consultation. Let us show you how we can hold negligent trucking companies accountable and help you move forward with confidence.
