To limit the possibility of truck accidents, the federal government enacted a set of rules and regulations that those in the commercial trucking industry must follow. These regulations include requirements related to the maintenance and inspection requirements of large commercial truck. For example, according to regulations issued by the Federal Motor Carrier Safety Association, truck drivers are required to inspect their trucks’ brakes. Any defect that is likely to affect the safe operation of the truck must be repaired before the driver is permitted to operate the vehicle again. The commercial truck industry is heavily regulated because large trucks weighing up to 80,000 pounds traveling at high speeds are extremely dangerous. Victims of truck accidents often suffer serious injuries such as a brain injury, contusions, broken bones, internal injuries, amputations, paralysis, or spinal cord injury. Sadly, many victims of truck accidents do not survive. If you were injured in a truck accident, it is important that you immediately contact a Bronx Inspection and Maintenance Requirements 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, whether you were involved in a truck accident or a car accident, if during the course of the treatment for your injuries a doctor, nurse or other member of the medical staff commits medical malpractice and injuries you further, the negligent truck or car driver may be required to compensate you for that as well.
Federal Inspection RequirementsSection 396.3(a) of the Federal Motor Carrier Safety Association’s regulations require commercial truck drivers and commercial trucking companies to regularly inspect, repair, and maintain their trucks. Truck drivers are not permitted to operate a commercial truck that is in such a condition that it is likely to breakdown or cause an accident. Truck drivers must maintain records showing that the required inspections took place. However, not all companies follow inspection rules. If a driver drives a commercial truck that has not been inspected, or drives a truck that has maintenance problems, that driver would be liable if an accident occurs and a contributing factor is a maintenance problem.
While a truck driver would be liable for failing to properly inspect his or her truck, ultimately, trucking companies are responsible for their employees. Thus, both the trucker and the trucking company would be liable for the negligent acts of its employee that resulting in someone else being injured.
Pursuing a Truck Accident ClaimFailure to maintain the hydraulic brakes, air brakes, trailer, tires or any other part of a large commercial truck can result in a truck accident. Truck accidents can be devastating to the 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. 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 truck accident results in the death of your loved one, you may be able to pursue a wrongful death claim.
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.
Bronx Inspection and Maintenance Requirements Accident LawyerIf you were seriously injured in a truck accident and you suspect that it was caused by improper maintenance, it is important to immediately contact an experienced truck accident attorney since the rules that apply to a truck accident and in many ways different from those that apply to a car 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.