New York Large Truck Accident Law
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Accidents involving large trucks are among the most serious and most deadly in the United States. At The Law Office of Steven E. North, we recognize that handling these cases requires a thorough understanding of commercial vehicle regulations on both the federal and state level. Trucking companies are required to follow Federal Motor Carrier Safety Regulations concerning their equipment and their drivers’ hours of service. In New York, the Department of Transportation is also charged with the task of adopting regulations regarding the safety of motor carriers. N.Y. Trans. Law § 138. Driver fatigue is a common problem, as hours of service regulations are routinely violated. Careful examination of records after an accident often shows serious and even fraudulent violations of those safety regulations However, trucking companies are only required to maintain many of those records for six months. Without obtaining those records before they are destroyed, the injured person or survivors of a person killed in a truck wreck will have a much more difficult time proving the trucking company’s negligence.
The following statistics demonstrate the serious damage caused by large truck accidents each year. In the year 2000 alone, 457,000 large trucks (with a gross vehicle weight rating of greater than 10,000 pounds) were involved in traffic accidents in the United States. A total of 4,930 of those accidents resulted in fatalities. In those 4,930 accidents, a total of 5,211 people were killed. This amounts to 12 percent of all traffic fatalities reported in the year 2000. Out of the 457,000 accidents, a total of 140,000 persons were injured. One out of eight traffic fatalities in the year 2000 resulted from a collision involving a large truck. Of these fatalities, 78 percent were occupants of another vehicle, 8 percent were non- occupants, and 14 percent were occupants of the involved truck. Of those who suffered nonfatal injuries, 76 percent were occupants of another vehicle, 2 percent were non-occupants, and 22 percent were occupants of the involved truck.
Large trucks were much more likely to be involved in a fatal multiple-vehicle crash - as opposed to a fatal single-vehicle crash - than were passenger vehicles (84 percent of all large trucks involved in fatal crashes, compared with 62 percent of all passenger vehicles). Most of the fatal crashes involving large trucks occurred in rural areas (67 percent), during the daytime (68 percent), and on weekdays (80 percent). During the week, 75 percent of the crashes occurred during the daytime (6:00 AM to 5:59 PM). On weekends, 60 percent occurred at night (6:00 PM to 5:59 AM). The percentage of large truck drivers involved in fatal crashes who were intoxicated - with blood alcohol concentrations (BAC) of 0.10 grams per deciliter (g/dl) or greater - was 1 percent in 2000.
Intoxication rates for drivers of other types of vehicles involved in fatal crashes in 2000 were 19 percent for passenger cars, 20 percent for light trucks, and 27 percent for motorcycles. Drivers of large trucks were less likely to have a previous license suspension or revocation than were passenger car drivers (9 percent and 14 percent, respectively). Almost 30 percent of all large truck drivers involved in fatal crashes in 2000 had at least one prior speeding conviction, compared to just under 20 percent of the passenger car drivers involved in fatal crashes.
In all automobile accident cases it is essential that measures be taken promptly to preserve evidence, investigate the accident in question, and to enable physicians or other expert witnesses to thoroughly evaluate any injuries. If you or a loved one is a victim of an automobile accident, call The Law Office of Steven E. North now at (800) 861-5001 or CLICK HERE TO SUBMIT A SIMPLE CASE FORM. The initial consultation is free of charge, and if we agree to accept your case, we will work on a contingent fee end if %> basis, which means we get paid for our services only if there is a monetary award or recovery of funds. Don’t delay! You may have a valid claim and be entitled to compensation for your injuries, but a lawsuit must be filed before the statute of limitations expires.
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