Liability of NYC Commercial Vehicle Company and Driver
When a heavy commercial truck plows into a lighter car, the occupants of the smaller vehicle almost always suffer severe or fatal injuries. These cases also tend to involve complex fact scenarios and rules of law. There is an entire body of law that is specific to trucks and trucking accidents.
Schwartzapfel Lawyers P.C. has more than 30 years of experience, skill, knowledge, expertise and the vast resources to confront big trucking corporations whose negligence puts New York motorists and pedestrians at risk. Our New York City truck crash lawyer can help you recover money for injuries caused by the following:
- Jackknifing truck
- Speeding driver
- Tired driver
- Distracted driver
- Improperly loaded truck
- Fallen debris from tractor-trailer
Sleep-Deprived Commercial Drivers
In many instances, drivers work under unrealistic deadlines and forgo sleep or take stimulants to perform their jobs. In our fast-paced economy, customers expect to receive their orders literally overnight. Drivers are under tremendous pressure to deliver their loads on time to accommodate demanding customers.
Long-haul bus drivers are also pushed to stay on schedule. In fact, several discount bus lines carry passengers between New York City and regional casinos, beaches, vacation areas and other metropolitan Northeast cities for cut-rate fares. These drivers may get only a couple of hours of sleep on the bus before returning to NYC with passengers.
Sleep-deprived drivers have a slower response time and diminished cognition. In extreme cases, they may even nod to sleep while behind the wheel. Tired drivers are dangerous under any circumstance, but especially so when operating a tractor-trailer, bus, delivery van, dump truck, construction equipment or other commercial vehicle.
The Federal Motor Carrier Safety Administration (FMCSA) rules restrict commercial drivers’ work and drive time and mandate rest periods. In addition, drivers must maintain logs that the FMSCA can review for compliance with the hours of service (HOS) laws. Violations can result in driver’s license suspension and fines for the driver and stiff fines for the driver’s employer.
Distracted Commercial Drivers
Commercial drivers often text or call from the road to remain in touch with loved ones, relieve boredom of long drives and communicate with their employers. These distractions can be deadly when the driver is behind wheel.
FMCSA regulations ban texting or handheld cell phone use by commercial drivers. In addition, New York law also prohibits these distracting activities. Our New York City Truck Crash lawyer can demand the trucker’s cell phone records.
Trucking Company Negligence
Most truck accident cases involve multiple parties. The driver’s employer and the owner of the tractor-trailer are often liable for the driver’s errors. We consider whether the truck corporation caused and/or contributed to your accident by:
- Hiring unqualified drivers or drivers with a poor driving record
- Providing insufficient training to drivers
- Pressuring drivers to speed, text or use a cell phone while behind the wheel
- Implementing policies that encourage reckless or risky behavior
- Knowingly putting a tired or sick driver on the road
- Tolerating dangerous behavior, such as drug or alcohol use
- Overloading the trailer or creating an unbalanced load that could shift
- Failing to keep the fleet in good repair
Learn More about Trucking Accident Recovery
Call Schwartzapfel Lawyers P.C. at 1-888-575-6410 to schedule your no-risk free claims assessment at our Manhattan, Bronx, Deer Park, Jericho or White Plains office. We take your case on a contingency fee basis, there is no fee unless we recover money for you!