Truck Accident Lawyer In Jericho, NY
Fighting for the Compensation You Need & Deserve
Trucks, truck drivers, and trucking companies are vital parts of the U.S. economy. Among other things, they play a significant role in transporting materials and products purchased and enjoyed by consumers on a daily basis. They are also responsible for a significant amount of destruction. According to recent U.S. Government data, 1 person will die and 9 will be injured on U.S. roadways in an accident involving a large truck (over 10,000 lbs. gross vehicle weight) every 2.4 hours.
If you have suffered harm in a truck accident, you need a competent personal injury lawyer in Jericho who can represent your rights. At Friedman & Simon L.L.P. we are here to help you. We understand that trucking accidents differ from other types of accidents. We have successfully helped victims of truck accidents and understand what needs to be done.
Common Causes of Truck Accidents
The Federal Motor Carrier Safety Administration (FMCSA) regulates the hours of service for interstate truck drivers. Present regulations allow drivers to be on duty for up to 11 hours in a 14-hour period. The minimum time off between periods is 10 hours. Drivers are required to record and maintain logs of their hours of duty. The National Highway Traffic Safety Administration (NHTSA) estimates that truck driver fatigue contributes to 40 percent of truck accidents. According to a recent study by the U.S. Department of Transportation, there is a consistent increase in crash probability as driving time increases, with the highest odds being in the 11th hour of driving. The study found that breaks from driving time reduced crash odds by 32-51 percent.
It is important for your lawyer to review driver logs, gas, meal and toll receipts, any history of log violations, and any available truck tracking data to determine if driver fatigue may have been a contributing factor to the accident.
Improper Maintenance & Repair
According to the U.S. Federal Highway Administration, in 2015, large trucks drove almost 279.8 billion miles on U.S. roadways. There were over 3,380,000 roadside inspections of those trucks. 19.96 % were ordered out of service for violations. The FMCSA provides regulations governing inspections, maintenance, and repairs. These regulations require motor carriers to have their parts and accessories in proper operating condition at all times.
While the FMCSA requires periodic and annual inspections, far too often motor carriers fail to comply with federal regulations governing maintenance, repair, and record-keeping. To appreciate the importance of these regulations, consider that a fully-loaded 80,000-pound truck traveling 65 miles per hour requires at least 525 feet to stop, which is 66 percent more distance than most automobiles. Automobiles typically require about 316 feet, when traveling at 65 miles per hour, to stop safely. With over 500,000 interstate carriers, compliance with federal regulations governing such things as tire tread depth, brake tubing, hoses and control valves, steering and suspension systems, and protection against shifting and falling cargo are important factors in reducing the frequency of accidents resulting in death and devastating injury. Your Jericho truck accident lawyer at Friedman & Simon, L.L.P. will obtain and review maintenance records, repair records, and inspection reports to determine whether improper maintenance or repair contributed to the occurrence of the accident.
In an analysis of 120,000 accidents involving large trucks in which a person was injured or killed, the FMCSA and NHTSA found that 28 percent of those accidents involved inattentive or distracted truck drivers as a critical reason for the occurrence of the accident.
The FMCSA has enacted a rule that prohibits commercial truck drivers from texting, emailing, or instant messaging, or reading a text, email, or instant message while driving. It found that those truck drivers who do are 23.2 times more likely to be involved in a critical safety event (e.g. crash, near-crash, or unintentional lane deviation). Texting drivers took their eyes off the road for an average of fewer than five seconds. At 55 mph, a texting truck driver would travel more than the length of an entire football field without looking at the road.
On January 3, 2012, the FMCSA banned commercial truck drivers from reaching for or holding a mobile phone while driving. This ban includes dialing by pressing more than a single button.
The FMCSA and NHTSA found that the following are major causes or contributors to accidents involving large trucks:
- Brake problems
- Traffic flow interruption
- Prescription drug use
- Unfamiliarity with roadways
- Roadway problems
- Traffic control devices
- Over-the-counter drug use
- Inadequate surveillance
Who may be held liable for the truck accident? After completing an investigation, your truck accident lawyer at Friedman & Simon, L.L.P. will determine who may be held liable for the accident and why.
Some possible defendants include:
- The truck driver
- The trucking company
- The owner of the tractor
- The owner of the trailer
- The freight broker
- The freight shipper
- The manufacturer of the tractor or trailer
If you have been involved in an accident involving a truck, you need an experienced and competent truck accident lawyer in Jericho who is capable of conducting the proper investigation, familiar with trucking regulations, and well-versed in the possible theories of liability in truck accident cases. Call, email, or chat with Friedman & Simon, L.L.P. today to discuss your truck accident case.