New York Inspection and Maintenance Requirements

Just like with a car accident, there are many reasons for truck accidents. However, because of the size, length and weight of large trucks such as 18-wheelers, semis, 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. 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 New York Inspection and Maintenance Requirements 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.

Section 396.3(a) of the Federal Motor Carrier Safety Association’s regulations require 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, that driver would be liable if an accident occurs and a contributing factor is a maintenance problem.

While a truck driver would be liable for failing to properly inspect his or her truck, ultimately, trucking companies are responsible for their employees. Thus, both the trucker and the trucking company would be liable for the negligent acts of its employee that resulting in someone else being injured.

Whether the accident is caused by failing to follow inspection and maintenance requirements of for some other reason, truck accidents can be devastating to the 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 a spinal cord injury, broken bones, brain injury, 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. If a truck accident results in the death of your loved one, you may be able to pursue a wrongful death claim.

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.