Brooklyn Size and Weight Restrictions Accident

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 accident does occur 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 or car accident because the truck was oversized or too heavy, it is important that you immediately contact a Brooklyn Size and Weight Restrictions Accident 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.

Size 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.

If you were injured in a commercial truck accident because the truck driver violated federal or state size and weight requirements, you may be entitled to receive compensation.

• Medical expenses. If you are seriously injured in a truck accident you will undoubtedly accumulate a significant number of medical bills. These bills may start with the fee for the ambulance ride to the emergency room. Then you will have the emergency room fee. If you are admitted to the hospital, you will get billed for all services related to your hospital stay. Once you are released from the hospital, you will have follow-up visits with your doctors. You may also have to take prescription medication, and you may have to go to physical therapy.
• Lost wages. Any serious injury will take some time for recovery. No matter how much you want to return to work you may not be able to for quite some time. In the meantime you are accumulated medical bills and your household bills have to be paid. As part of your personal injury lawsuit you can ask the court to award you compensation for the paychecks that you are no longer receiving because you are not able to work.
• Pain and suffering. Pain and suffering is a type of damage award that compensates victims for both the physical pain and emotional suffering they experienced as a result of the accident. The determination of the amount a victim should receive for pain and suffering can be complicated. If you have to undergo surgery, have a permanent, noticeable scar, or have some other permanent injury, you are more likely to receive a significant pain and suffering award then if you fully recovered from your injury.
• Wrongful death. Unfortunately, in some cases victims of truck accidents suffer injuries that are so severe that the victim passes away. In such cases certain family members may be able to recover 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 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.