Brooklyn Truck Accident Lawyers

Common Causes of Truck Accidents

Trailers that aren’t loaded correctly can drastically increase the chance of a truck accident. Uneven weight distribution can increase the chance that the trailer will roll over or jackknife. Loading too much weight into a trailer can cause braking issues and may result in broken axles and tire blowouts.

Unsecured cargo can become loose inside the trailer, causing weight distribution problems or potentially even causing cargo to fly out of the back of the trailer into oncoming traffic.

In addition to being tired, distracted truck drivers can also cause accidents. Distractions such as eating, texting or talking on the phone, and checking their GPS can all cause the driver to take their eyes off the road. Even a split second can make a difference, especially with such a large vehicle.

Some of the most common causes of truck accidents include:

• Fatigued driving. Truck drivers often drive in long stretches day in and day out. Although the Federal Motor Carrier Safety Administration (FMCSA) has established Hours of Service Regulations limiting the amount of time a driver may drive in one shift and how frequently they are required to take breaks, some drivers ignore these rules in an effort to deliver product faster and make more money.
• Speeding. The heavier a vehicle is, the more distance is needed in order to bring it to a complete stop. Trailers can weigh up to 80,000 pounds, so the faster the truck drives, the more difficult it will be to stop it quickly enough to avoid a collision. Speeding is an even greater problem in adverse weather, such as when rain makes the roads slippery.
• Drunk or drugged driving. It is unfortunately not uncommon for truck drivers to use illegal stimulants to keep themselves awake while driving long distances. Drowsy truck drivers who drive while under the influence of illegal drugs, or who have been drinking, pose a serious accident risk to other drivers.
• Maintenance failures. Because trucks cover many thousands of miles on a regular basis, frequent maintenance is essential. Failing to maintain the engine, tires, brakes, or other critical systems and components could cause a malfunction that leads to an accident.
• Improper loading of cargo. Trailers have a weight limit and must be loaded evenly and securely. Any imbalance or loose items in the trailer could increase the chances of a jackknife accident or rollover accident.
• Negligent hiring. Trucking companies may be held liable for a truck accident if they hired someone who wasn’t qualified. Examples of unqualified drivers include drivers without valid CDLs or who have had a number of past citations or accidents.

Truck accident injuries are often severe or catastrophic and result in substantial damages. If you have been injured or have suffered the loss of a loved one in a serious truck accident, you may be entitled to compensation for costs related to the accident, including medical bills, rehabilitation costs, lost wages, lost earning capacity, and more. You may also be eligible for compensation for your pain and suffering and other non-economic damages. Let our firm represent you during this difficult time.

Truck Accidents Caused by Fatigue

The Federal Motor Carrier Safety Administration (FMCSA) has created hours of service regulations that limit how long a trucker is allowed to drive per shift and how often and for how long to take rest breaks. The rules were designed to curb the number of truck accidents caused by tired truck drivers who fall asleep behind the wheel or who are too tired to drive safely.

Prominent hours of service regulations from the FMCSA are:

• Truck drivers must not work more than 14 hours a day.
• Truck drivers must spend at least 3 hours each shift not behind the wheel and on break.
• Truck drivers must not work more than 70 hours a week.
• Truck drivers must have at least 10 consecutive hours off-duty before beginning a new 11+ hour shift.

You might feel like working for 14 hours, even with 3 hours of break time, is too much, and you would be correct. Many truck accidents can still be correlated to truck driver exhaustion because their shifts are so long.

To make things worse, some truckers are technically exempt from these rules due to wrinkles in the law.

For example, some truckers who travel within 150 air miles of their starting daily location can work any number of hours per day and week. Furthermore, there are truck drivers who want to increase their paychecks by completing more deliveries per day, so they break these regulations and forge their service logs.

Who is Liable for a Truck Accident?

Unlike car accidents, where the liability is generally limited to the driver or the car manufacturer, truck crashes may be caused by a host of factors. This means many different parties may be held liable.

Who may be responsible for a commercial truck wreck?

• Truck driver
• Trucking company
• Cargo loader
• Truck manufacturer
• Truck maintenance company

A thorough investigation will need to be conducted to determine what caused the crash and who is responsible. The truck driver and trucking company must inspect all vehicles before departing, and they must abide by federal and state trucking laws. Failing to comply can increase their liability and make your truck accident claim more likely to succeed.

On the other hand, if a mechanical failure caused the big rig accident, or the cargo was not loaded properly, you may be able to file a claim against the manufacturer or loading company. Some trucking companies also hire third parties to perform maintenance of the vehicles.

If the investigation shows that the maintenance crew made a mistake or acted negligently and caused the accident, they may be held liable in court for your injuries and property damage.