According to data released by the National Highway Traffic Safety Administration (NHTSA), 4,317 fatalities occurred in 2016 in crashes involving large trucks. This was 5.4% increase when compared to 2015. A collision involving a massive truck can be shocking and devastating for the victim. The sheer size and mass of trucks and tractor trailers result in more serious and even fatal injuries.
When a crash involving a truck is caused by the negligence of the trucker or the trucking company, they may be held liable for all of the victim’s past and future medical bills, loss of income, loss of earning capacity, and pain and suffering. Trucking companies are obligated to abide by a large number of federal regulations. When a trucking company violates its duty under federal law or takes actions that result in placing an unsafe truck on the road, it can be held liable for resulting injuries.
Holding Trucking Companies Liable
Below are four common theories for holding trucking companies liable in a truck-involved collision:
- Improperly loading the truck. When a truck is improperly loaded, it can result in the cargo shifting during transit, causing the truck tip or roll over.
- Failing to inspect or maintain trucking equipment. Trucking companies are responsible for inspecting their trucks and making sure they are in proper working condition before going on the road. The companies are expected to regularly maintain their vehicles and inspect for any defects to prevent equipment failure while on the road.
- Hiring bad drivers. Trucking companies are responsible to do a thorough background check when hiring drivers. They need to look at the drivers’ records and history of following safe road procedures. The companies should also do routine drug and alcohol tests to ensure their drivers are safely operating their commercial vehicles.
- Encouraging drivers to follow driving time limits. Federal law regulates how much truck drivers can work. This law is designed to make sure truckers are not overworked and extremely tired when operating their trucks. Many trucking companies do not follow this rule and overwork their drivers in order to save time and money. In doing so, not only do the companies violate federal law, but they also endanger the lives of other motorists on the road.
If you or someone you know has been seriously injured in a New York truck accident, you need it is important to immediately consult with an experienced attorney who will work hard to help you seek the damages from the parties responsible for your injuries. For more information or to schedule a complimentary consultation with a New York truck accident attorney, please call Gersowitz Libo & Korek, P.C. at 1-800-529-9997.