5 Common FMCSA Violations Causing Trucking Accidents in Staten Island
18-Wheeler Wrecks in New York: Common FMCSA Violations Causing Trucking Accidents in Staten Island, Explained by Our Trucking Accident Lawyer
One of the most devastating types of motor vehicle accidents is a large trucking accident. This is due to their large size and considerable momentum which they generate even at low speeds. According to the Federal Motor Carrier Safety Administration (FMCSA), each year large trucks and buses are involved in approximately 5,000 fatal traffic accidents and over 108,000 injury-causing accidents. Our experienced trucking accident lawyer in Staten Island knows that many of these devastating, catastrophic, and fatal crashes are preventable. However, far too many truck drivers and trucking companies fail to drive reasonably. This includes violations of New York vehicle and traffic law, as well as FMCSA regulations. It is these FMCSA violations causing trucking accidents that can result in avoidable harm to innocent people.
Here at the O’Connor Law Firm, our experienced trucking accident lawyer in Staten Island can help victims and their families recover compensation for pain and suffering, lost wages, medical bills, and other damages caused by a negligent truck driver, trucking company, or another entity. Our skilled and professional staff knows how to handle trucking accidents which are significantly more complex than other types of motor vehicle accidents. This is particularly because of the FMCSA regulations, which are different than New York laws but equally apply in truck wrecks. If you or a loved one were seriously injured in any type of catastrophic motor vehicle accident, especially a truck wreck, call our bodily injury law firm to set up a FREE consultation.
What are FMCSA Regulations?
The FMCSA is a federal agency which governs commercial vehicles throughout the entire United States. That is because the trucking and logistics industry is an interstate business, meaning that it affects multiple states.
Thus, the FMCSA regulations set the minimum standards that apply to truck drivers no matter what state the truck driver or trucking company is in, from, going to, or licensed in. Although states may enact stricter rules, all truck drivers and trucking companies must comply with the FMCSA regulations.
What are the Most Common FMCSA Violations Causing Trucking Accidents in Staten Island?
There are many different FMCSA regulations which govern the conduct of truck drivers and trucking companies, including equipment, driving conduct, schedules, inspections, and other criteria in safely operating a commercial vehicle. The FMCSA has complied a list of the most common FMCSA violations that they issue tickets for – including after 18-wheeler wrecks.
Some of the most common FMCSA violations causing trucking accidents in Staten Island that can be used by a victim of a truck crash include the following:
Moving violations tend to be some of the most common FMCSA violations, which is also what the NHTSA provides in the statistics above. These common moving violations are also pretty typical for other motor vehicle accidents in New York. Some of the most common moving violations cited by the FMCSA include the following:
- Following too closely
- Failure to yield
- Improper lane changes
- Reckless driving
- Improper turns
- Failure to obey a traffic control device, and
- Other violations.
Using a Hand-held Mobile Telephone While Operating a CMV
Distracted driving is one of the leading causes of all motor vehicle accidents in the United States, including trucking accidents. They are completed preventable too. When a truck driver is using a hand-held telephone to text, it turns a large commercial vehicle into an unguided missile on our roads. This is prevented by FMCSA regulations, specifically section 392.82, and any truck accidents involving a cell phone violation the FMCSA regulations and New York vehicle and traffic law section 1225-d.
Driving Under the Influence of Drugs
Many people think that it is a joke or rumor that some truck drivers use drugs to stay away, like cocaine or speed. Unfortunately, that is true, and far too many truckers will cause avoidable truck accidents under the influence of drugs. Although many truck drivers do not do so, far too many use illegal drugs to stay away to drive longer (and earn more money). In addition, other legal drugs may also impair a truck driver’s ability to operate a motor vehicle, which can also violation this FMCSA and cause as serious crash.
Disabled Trucks and Warning Signs
When a truck is disabled on the side of the road, it is a very serious hazard. It can result in a catastrophic collision if oncoming vehicles do not see it – especially at nighttime. That is why FMCSA regulations require truck drivers to place warning signs out behind a truck and instantly use flashers to become more visible. The failure to do so can result in a catastrophic accident.
Failure to Conduct Pre-trip Inspections
FMCSA regulations require truck drivers to conduct pre-trip inspections of their cargo and their vehicle. This is one of the most important safety tasks that a truck driver and trucking company can do, as it can detect issues with vehicles or cargo that could result in a collision. When the failure to conduct a pre-trip inspection results in a serious or fatal truck wreck, a victim may be entitled to recover compensation under New York law and FMCSA regulations.
If You Were Injured in Any Type of Trucking Accident, Call Our Experienced Trucking Accident Lawyer in Staten Island For Help
Anyone who has suffered personal injuries in a trucking wreck, or any family who has lost a loved one in a truck wreck in New York, especially right here in Staten Island, Brooklyn, Manhattan, The Bronx, Queens, Long Island, and in surrounding areas, should call our bodily injury law firm for schedule a FREE consultation. Our experienced trucking accident lawyer in Staten Island at the O’Connor Law Firm can advise you of your rights to compensation and how we can help you recover compensation for pain and suffering, lost wages, medical bills, and other damages. To learn more, call (718) 948-3500 or using our “Contact Us” box available here.