While common causes for a car accident include speeding, driving while intoxicated and distracted driving, common causes for a truck accident are quite different. One contributing factor to many truck accidents is the size and weight of the truck. Because large trucks such as tractor trailers, 18-wheelers, and semis are so large and heavy, there are both federal and New York State laws that strictly regulate the size and weight of such large trucks. An oversized or overweight truck is hazardous to other vehicles on the road for a number of reasons. Furthermore, if a truck does cause a collision, there is a good chance that the result would be a serious personal injury such as broken bones, internal injuries, contusions, a brain injury, amputations, paralysis, or spinal cord injury. Sadly, many victims of truck accidents do not survive. If you were injured in a truck accident because the truck was oversized or too heavy, it is important that you immediately contact a New York Size and Weight Restrictions Lawyer as you may be entitled to compensation for your medical expenses, lost wages, and pain and suffering. You will also be entitled to compensation for any medical malpractice claim that arises based on treatment you received for the truck accident injuries.
Truck Size and Weight RestrictionsSize restrictions. State law regulates the height and width of trucks. In New York, the height limit for trucks is 13’6’’. The maximum width of trucks is 8’ 6”. To travel on New York roads, drivers of taller trucks or wider loads must obtain an over-dimensional vehicles permit. Trucks that do not follow height and width limitations run the risk of damaging property such as by hitting an overpass. Furthermore, such a collision could also involve other vehicles, resulting in serious injury to occupants of those vehicles. If a driver disregards these state regulations, that driver or the trucking company may be held liable for any property damage or personal injury that results from the truck accident.
Weight restrictions. Each large truck has a gross vehicle weight rating (GVWR) set by the truck’s manufacturer. No truck should ever be loaded beyond its GVWR. If a vehicle is overloaded, it becomes less safe to drive. For example, if the truck is too heavy its brakes may not be as effective, the suspension components can become ineffective, and its tires are more likely to blow out.
Pursuing a Claim for a Truck AccidentTruck 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. Truck accidents can lead to devastating injuries such as back injuries, broken bones, brain injuries, amputation, paralysis, 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. What may come as a surprise to truck driver/trucking company defendants is that if in the course of treatment for injuries suffered in the accident, the treating medical professional commits medical malpractice, those defendants may be liable for the medical malpractice damages as well. If a family member was killed in a truck accident, you may be able to pursue damages in a wrongful death lawsuit.
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.
New York Size and Weight Restrictions LawyerIf you were involved in a truck accident that occurred because the truck was too tall, too wide, or too heavy, it is important to immediately contact an experienced truck accident attorney at 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.