Brooklyn Truck Accident Attorneys

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.

Overworked and tired truck drivers are also a common cause of truck accidents. Truckers have long hours, but they also do have to follow federal regulations in an attempt to reduce the number of accidents caused by drowsy driving.

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.

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 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.