Westchester County Truck Accident Attorneys

Reviewed by Jay S. Hausman, Esq.

New York State has some of the busiest roads in America. Some of our roads are populated by aggressive drivers with little care for the safety of others. When you are involved in an accident with a truck, the chances of serious injury rise dramatically. A truck driver has a responsibility to drive safely, within the legal speed limit, and within the allotted time they are allowed on the road per day. When a truck driver acts recklessly and irresponsibly, they put everyone at risk. If you were injured by a truck driver’s neglect, you may be able to recover damages that can help you recover compensation for medical bills, lost wages, and more. If you need a team of truck accident attorneys with the experience it takes to effectively represent your interests and see that you are justly compensated for your injuries, contact Hausman Law Group today. Our experienced commercial vehicle accident lawyers represent injured victims across New York City, Long Island, and Westchester County to ensure their rights are fully protected.

The pitfalls of being a truck driver

Truck drivers have a very difficult and demanding job. They are under immense pressure to make up time for the restrictions on the hours they are allowed on the road per day. The Federal Motor Carrier Safety Administration restricts a truck driver to 11 hours of driving within a 14-hour workday.

Truck drivers are capped at 60 hours on duty over 7 consecutive days, or 70 hours over 8 consecutive days. The intention was to protect truck drivers from being overworked and exploited. The employers of truck drivers do not want to see a change in productivity that results in truck drivers feeling pressured to speed or drive recklessly. Unfortunately, the pressures of the job, exhaustion from driving so many hours per day, and other factors lead to truck crashes.

Commercial driver fatigue stands as a leading cause of severe tractor-trailer collisions on major New York shipping corridors like I-87, the New York State Thruway, and the Cross Bronx Expressway.

How driver fatigue impacts New York truck accident claims

It’s important to understand that research shows that driving while fatigued can result in symptoms similar to those of driving under the influence. This includes:

• Slowed reaction times
• Inability to remain attentive
• Impaired judgment
• Blurry vision
• Risky or dangerous decision-making

According to research, drowsy drivers are three times more likely to be involved in a collision than other drivers.

To combat driver fatigue and reduce the risk of collisions involving large commercial vehicles, the Federal Motor Carrier Safety Administration (FMCSA) implemented a number of trucking regulations, including an hours of service rule, which limits how many hours a driver can travel before a mandatory rest period.

Unfortunately, despite implementing these measures, many trucking companies and drivers ignore these rules, which can result in catastrophic accidents. While fatigued driving can impact all drivers, the risk is increased in the trucking industry, as many drivers feel they need to exceed these limits to meet strict delivery deadlines, ultimately remaining on the road longer than they should.

If you have been involved in an accident and believe driver fatigue is to blame, it is critical to connect with an experienced Westchester County truck accident attorney to help you recover the compensation you deserve.

Core Trucker Hours of Service Regulations

The strict federal and state safety compliance standards governing commercial truck drivers operating in New York include:

• 11-Hour Driving Limit: Truck drivers are only permitted to drive for eleven total hours after ten consecutive hours off duty.
• Mandatory Rest Breaks: After driving for eight consecutive hours, truck drivers must take a mandatory 30-minute break.
• Weekly On-Duty Caps: Truck drivers cannot stay on duty for more than 60 hours in seven straight days OR 70 hours over eight consecutive days.
• Compulsory Logbook Records: Truckers are required to record their hours accurately in an official and electronic logbook. This is necessary to reduce the risk of driving drowsy while also ensuring compliance with the hours of service requirement.

Establishing Negligence Per Se in Fatigued Driving Cases

In the event fatigue is to blame for a collision that occurs between a commercial truck and other vehicles on the road, both the driver and their employer may face liability. In the event the trucking company required or pushed the driver to violate the hours of service limitations in order to meet deadlines, or knew that an employee was falsifying their logbooks and failed to take action, the company can face liability for their negligence.

Typically, injured victims are responsible for meeting the burden of proof to hold the company liable for their injuries. However, when a trucker violates state or federal laws, you generally do not have to prove negligence. Instead, by showing that this violation occurred, negligence per se can apply. This means that, by violating a code, statute, or law that was designed to protect individuals, you can show that the defendant failed to act reasonably, as a reasonable person would not have violated the law.

What else causes truck collisions?

There are countless factors that can lead to truck crashes. Trucks are large and hard to maneuver. Visibility is a major problem, as the mirrors can only cover so much area. Trucks have huge blind spots that can affect their driver’s ability to see small vehicles on the road, which can ultimately lead to a driver becoming trapped, running off the road, and more.

When a truck stops, it needs a certain amount of space to come to a complete stop. With an average length of 45 to 65 feet and a weight of up to 80,000 pounds, it would take about 525 feet for a truck to come to a stop. That is almost 2 football fields. It is very easy for a truck driver operating the vehicle irresponsibly to not have the necessary room to complete the stop without incident.

Additionally, trucks are susceptible to mechanical problems like any other vehicle. Unfortunately, when a truck has mechanical problems, it can put more people in danger. When an 80,000-pound vehicle has mechanical problems, the results can be devastating.

Unfortunately, another considerable problem that impacts trucks and other drivers on New York highways includes commercial tire blowouts. When this occurs, trucks may immediately lose control of the vehicle, which can result in an accident involving multiple vehicles.

The hidden dangers of commercial tire blowouts

Unfortunately, when a tire blows out, it can result in the total loss of vehicle control and a subsequent accident. While already dangerous, when a commercial vehicle is involved, these matters can be even more serious. Because liability in these matters can often be difficult to determine, working with an experienced Westchester County truck accident lawyer is in your best interest to help you determine who is ultimately responsible for your collision.

Common Causes of Commercial Tire Blowouts

The most frequent operational, mechanical, and maintenance-related causes of commercial truck tire blowouts include:

• Improper Inflation Levels: When tires are not inflated to the correct weight, whether they are over- or under-inflated, it can impact the weight distribution. Ultimately, this may cause the tire to endure extreme heat before it blows.
• Severe Infrastructure Hazards: Potholes and damaged roads throughout New York can result in an instant and unexpected tire rupture.
• Excessive Cargo Weight: Overloaded trucks exert immense physical pressure on the axles, pushing tires far past their legal and structural safety ratings.
• Neglected Maintenance and Poor Tread: When commercial trucking companies do not maintain or routinely inspect their tires, resulting in bald tires, lack of tread, or worn-out components, the risk of a blowout substantially increases.
• Manufacturing Flaws and Assembly Defects: Tire defects, or mismatched tires on a heavy commercial vehicle like a truck, can compromise the overall safety of a commercial vehicle.

Liability and Determining Fault in New York Tire Blowout Accidents

As mentioned, determining liability for injuries and damages caused by a tire blowout can be incredibly difficult, as there are a number of potential causes. As such, it is in your best interest to connect with an experienced lawyer to assist you in determining who can ultimately face liability. Potential parties include:

• The tire manufacturer: If the tire that blew out was defective, that could be considered the fault of its manufacturer. A company that makes tires for heavy vehicles like trucks should be held to high standards and punished if they make the road more dangerous for others.
• The driver: When a truck driver fails to maintain their vehicle, including completing routine, pre-trip inspections and inflating tires when necessary, they may face partial liability. Similarly, the driver may face liability if they failed to keep others safe after the tire experienced the blowout.
• A trucking company: A company that owns a truck may face liability if they fail to conduct routine inspections of their vehicle or fail to remedy known hazards with the truck before allowing it to hit the road.
• Cargo loaders: A trailer that is improperly loaded or overloaded could cause a tire blowout.
• The government: If a blowout was caused by a big pothole and neglected road maintenance, a government agency could be to blame.

Recoverable Damages in a New York Truck Accident Lawsuit

Once you have determined who is ultimately responsible for the damages you have suffered, you can continue pursuing a claim for the compensation you deserve. Our legal team can establish a comprehensive claim to help you recover damages including:

• Medical expenses: You may be able to recover compensation for damages including emergency room care, surgery, follow-up appointments, rehabilitation or physical therapy, and medication.
• Lost wages: Compensation for lost regular income or other direct benefits while unable to work due to the collision.
• Loss of earning potential: Long-term financial restitution if your injuries prevent you from returning to your previous field of work or career path.
• Loss of enjoyment: If you are unable to participate in the hobbies or activities you once enjoyed, or you can no longer meet daily life milestones due to your injuries, you may be able to recover compensation for the loss.
• Pain from disability or disfigurement: Structural legal damages addressing permanent physical scarring, loss of limb utility, or chronic physical suffering.
• Mental anguish and psychological trauma: Being involved in a collision involving a commercial vehicle can be incredibly traumatic. As such, you may be able to recover compensation for emotional distress like anxiety, depression, PTSD, and insomnia incurred following the collision.

Contact our New York truck accident attorneys

Hausman Law Group has been a legal resource for the people of Westchester County and the greater New York City area for years. If you have been injured in a New York truck accident, you should contact Hausman Law Group for a free consultation. Our firm will work tirelessly to see that you are compensated fairly for your injuries. Whether your accident was the result of a catastrophic tire blow out of a driver ignoring federal regulations and driving while fatigued, our firm is ready to represent you. Contact us today to learn more about your legal options.