Brooklyn Commercial Driving Standards Accident

According to the statistics issued by the federal government, each year there are over 350,000 accidents involving large commercial trucks such as tractor trailers, tank trucks, and dump trucks. Of that amount, over 4000 involve fatalities and nearly 100,000 involve injuries. Just like a car accident, an accident involving a commercial truck can be caused by a number of reasons. However, because of the special requirements for obtaining a commercial driver’s license, many truck accidents are caused by unqualified drivers. Because of the size and weight of large commercial trucks such as tractor trailers, tank trucks, and dump trucks, when they are involved in collisions there is a good chance that the result would be a serious personal injury or death. Thousands more suffer serious injuries such as contusions, a brain injury, amputations, paralysis, broken bones, internal injuries or spinal cord injury. If you were injured in a truck accident, it is important that you immediately contact a Brooklyn Commercial Driving Standards Accidents Lawyer as you may be entitled to compensation for your medical expenses, lost wages, and pain and suffering. You may also be entitled to compensation for any medical malpractice claim that arises based on treatment you received for the truck accident injuries.

The three major classes of federal commercial driver’s licenses are as follows:

• Class A: A Class A commercial license is for driving trucks weighing over 26,000 pounds or towing a vehicle that is more than 10,000 pounds.
• Class B: A Class B commercial license is for driving trucks that weigh over 26,000 pounds, but have a towing capacity not exceeding 10,000 pounds.
• Class C: A Class C commercial license is for driving trucks weighing less than 26,000 pounds that transport more than 15 people or that transport hazardous material.

In addition, in order to perform certain activities, the driver’s license must have an endorsement. For example, in order to transport double or triple trailers, the license must have a “T” endorsement, and in order to transport hazardous materials, the license must have an “H” endorsement.

In order to get a commercial driver’s license, the driver must past the appropriate written test as well as the road test.

Federal law requires truck drivers to have a commercial driver’s license and to follow the strict regulations related to maintaining, inspecting and operating the commercial truck. Failure to do so would be negligent. Some of the common reasons for truck accidents that are related to training include:

• Violation of height and width limits
• Violation of hours of service rules
• Violation of inspection and maintenance requirements
• Lack of driver training
• Improperly loading of a truck

Truck accidents can be devastating to a victim as well as to the victim’s family. 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. A proper investigation into the accident will determine whether the truck driver or trucking company violated guidelines imposed by the federal government and by New York State. The staff at Stephen Bilkis & Associates, PLLC has years of experience in helping injured victims and their families through the complex process of accident investigation in New York. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case.