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Brooklyn Safe Loading of Trucks Accident

There are many reasons that a truck may be the cause of an auto accident. Some of those reasons are related to the load that the truck carries. Trucks that travel across roads and highways in New York are subject to not only New York’s Rules of the Road, they are also subject to federal regulations. Among those regulations are requirements related to how a truck is loaded. If the load of a truck is not secure, is too heavy or is out of balance, then it is more likely to cause a truck accident injuring occupants of other vehicles. For example, a load that is not properly secured may fall onto the road, causing other cars to collide with the load or with other vehicles. Victims of truck accidents are likely to suffer serious injuries such as a brain injury, contusions, broken bones, internal injuries, amputations, paralysis, or spinal cord injury. Many truck accidents are fatal. If you were injured in a truck accident or a car accident caused by a problem with how the truck was loaded, it is important that you immediately contact a Brooklyn Safe Loading of Trucks 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 your injuries a doctor or other medical professional commits medical malpractice, the truck driver or trucking company may be required to compensate you for that as well.

Load Problems

Overloaded truck risks. Federal regulations require that the weight of a truck not exceed the truck’s gross vehicle weight rating (GVWR). The GVWR is calculated by taking into account several different factors, including the truck’s:

  • Braking system
  • Frame
  • Number of axels
  • Quality of suspension
  • Type of power train

Not only are trucks not permitted to carry more weight than the GVWR permits, with few exceptions on interstate highways, trucks must not exceed a GVWR of 80,000 pounds. In order for a truck to operate effectively and safely, it must not be overweight. The following problems can result from a truck being overloaded:

  • Speed changes. An overweight truck is likely to move faster going downhill.
  • Prone to rollover. An overweight truck will be more prone to rollover.
  • Difficult to steer. The driver of an overweight truck may find it difficult to steer.
  • Cargo shifting. Cargo of an overweight truck is more likely to shift, making the truck difficult to handle.

Falling debris risks. If a truck driver fails to properly tie his or her load in compliance with New York State and federal regulations, the following are the possible consequences:

  • Strike a vehicle. A loose load can fall off onto a car traveling behind the truck.
  • Force vehicle to swerve. A loose load can fall off and force the driver of another vehicle to swerve in order to avoid it.
  • Create dangerous road condition. Debris that has fallen onto a roadway can make the road wet, slick or in some other way dangerous.

Poorly secured load risks. If a large truck’s load is not properly secured or balanced, the driver of the truck may have a difficult time controlling the vehicle, leading to swerving. Also, a load that shifts because it was improperly secured can lead to a rollover or jackknife accident.

Pursuing a Claim for Injuries Suffered in a Truck Accident

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, accidents can have catastrophic results. Truck accidents can lead to devastating injuries, and all too often, death. 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 your loved one was killed in a truck accident, you may be able to pursue damages in a wrongful death lawsuit.

Brooklyn Safe Loading of Trucks Accident Lawyer

If you were seriously injured in a truck accident because the truck was overloaded or improperly loaded it is important that you immediately contact an experienced truck accident attorney as you may be entitled to compensation for your medical bills, lost wages, and pain and suffering. 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.


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