Brooklyn Equipment and Safety Regulations Accident

When there is a car accident it is not unusual for the cause to be a mechanical or equipment problem such as a problem with the vehicle’s equipment. The same is true for truck accidents. In fact, statistics show that equipment failure is one of the most common causes of truck accidents. Examples of equipment problems that lead to accidents include problems with the brakes, tires and wheels. Tractor trailers can weigh up to 80,000 pounds and on highways often travel at speeds well over 55 miles per hour. If a tractor trailer, dump truck, or semi-truck that is traveling at a high rate of speed has a mechanical failure, the consequences are typically tragic for not only the driver of the truck, but also for occupants of other vehicles that are in the path of the careening truck. Victims of such accidents often suffer serious injuries such as a brain injury, contusions, broken bones, internal injuries, amputations, paralysis, or spinal cord injury. In many cases many victims of truck accidents do not survive. If you were injured in a truck accident caused by a mechanical failure, it is important that you immediately contact a Brooklyn Equipment and Safety Regulations Accident Lawyer as you may be entitled to compensation for your medical expenses, lost wages, and pain and suffering through a personal injury claim. In addition, if during the course of the treatment for the injuries you suffered in the truck accident your doctor, nurse or other medical professional commits medical malpractice and causes you to suffer additional injuries, the truck driver or trucking company may be required to compensate you for that as well.

While there are many types of equipment problems that can compromise the safety of truck drivers and occupants of other vehicles, common issues include:

• Brake problems. According to statistics reported by the Federal Motor Carrier Safety Administration, 29% of all truck accidents each year in the United States involve a problem with the brakes. Those who drive large commercial trucks such as tractor trailers are required by federal law to inspect brakes before they get on the road and to maintain an inspection log detailing these inspections.
• Tire problems. Those who drive large commercial trucks such as 18-wheelers or semis are also required by federal law to inspect tires before they get on the road.
• Load shifting. Federal law requires that trucks not be overloaded. A truck’s weight must not be greater than the gross vehicle weight rating set by the truck’s manufacturer. If a vehicle is overloaded and overweight, it becomes less safe to drive.

Even if the truck driver and trucking company followed all federal and state requirements regarding equipment maintenance, inspection and safety, equipment may still fail if it is defective. If this happens the manufacturer of the equipment may be legally liable for any accident that occurs as a result of the defect.

Truck accidents can be devastating to a victim as well as to the victim’s family. Because of the size and weight of large trucks, even low-impact, low-speed accidents can have catastrophic results. Through a personal injury lawsuit, New York law allows you to hold the negligent party responsible for the losses you suffered. Defendants in truck accident personal injury claims are typically the truck driver, the truck driver’s employer, the owner of the truck, and the manufacturer of the parts of the truck that failed.

Victims who suffer serious injuries in truck accidents have significant medical bills. In addition, because victims of serious injuries often have to miss a great deal of work or are unable to return to work at all, victims have the right to sue for lost wages and loss of earning capacity. If a family member was killed in a truck accident, under New York law certain members of the deceased’s family have the right to pursue a claim against the negligent parties.

Beware that New York law has a specific time limit for filing a personal injury or wrongful death claim. If you do not file your claim within the time period, you will be forever barred from collecting damages even if your case has merit.

Being involved in a truck accident can be devastating. You may have to face not only physical pain and a long recovery process, you may also face financial distress since you may not be able to work for quite some time. A proper investigation into the accident will determine the cause of the accident. Contact Stephen Bilkis & Associates, PLLC to discuss the details of your case. Our staff is experienced in handling claims resulting from truck accidents, as well as SUV accidents, car accidents, and motorcycle accidents. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case.