Brooklyn Inspection and Maintenance Requirements Accident

Because of the size, length and weight of large trucks such as 18-wheelers, dump trucks, and tractor trailers, when they are involved in an accident the results are more likely to be catastrophic. To limit the possibility of truck accidents, the federal government enacted detailed regulations that truck drivers and trucking companies much follow. These regulations include requirements related to the maintenance and inspection requirements of large commercial truck. For example, under § 396.11 of regulations issued by the Federal Motor Carrier Safety Association (FMCSA), truck drivers are required to inspect the truck’s service brakes. Any defect that is likely to affect the safe operation of the vehicle must be repaired before the driver operates the vehicle again. Just someone who is injured in a car accident, 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 wide turn truck accident, it is important that you immediately contact a Brooklyn 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, if while treating you for your injuries your doctor makes a mistake such as a misdiagnosis resulting in a medical malpractice claim, the truck driver may be legally required to compensate you for that as well.

Federal law requires that 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, both the driver and the trucking company may be legally liable if an accident occurs and a contributing factor is a maintenance problem.

If you or a loved one was injured in a truck accident you may be able to recover damages from the truck driver, trucking company, or owner of the truck. Such damages may include:

• Medical expenses. The medical expenses that you incurred for treatment of the injury, including expenses related to an emergency room or hospital stay, surgery, and ongoing visits to the doctor. In addition to expenses that you incurred at the time you filed the lawsuit you can also sue for future medical expenses.
• Lost income and compensation. While you recover from your injuries you may miss work. The amount of work that you miss depends on the severity of your injury and the treatment required. When you miss work you may lose both wages as well as other types of compensation. Wages include the hourly wages or salary that your earn and get paid in the form of a weekly, bi-weekly or monthly paycheck. Compensation, on the other hand, includes benefits you are entitled to from your employer. For example, sick days are a benefit. If you had to use 12 sick days while recovering from your defective product injury, you have the right to be compensated for the value of those 12 days.
• Pain and suffering. Pain and suffering awards are linked to both the emotional trauma and the physical pain you experienced because of the accident and injuries. For example, those who experience severe injuries often suffer depression, anxiety, frustration, bitterness, inconvenience, and mental anguish. Moreover, injury victims often have to cope with emotional and mental issues related to permanent disfigurement, pain, and extended limitations on physical activities.
• Wrongful death. 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.

If 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.