New York Truck Accident Attorney for FMCSA Violations

Although all motor vehicle accidents can be serious, trucking accidents with big rigs, 18 wheelers, semi-tractor trailers, tankers, and other large box trucks are more likely to be catastrophic or fatal.  Our trucking accident lawyer in New York knows that this is because of the great size and weight of these massive commercial vehicles which generate more momentum and force in an impact.  Statistics support this.  According to the Federal Motor Carrier Safety Administration (FMCSA), each year large trucks and buses are involved in roughly 5,200 fatal crashes and 127,000 injury-causing crashes.  While the number of fatalities and injuries in car accidents is far higher than those in trucking accidents, truck accidents result in a higher percentage of deaths or injuries than car accidents.  This means it is more likely that victims of truck accidents will be injured or killed than victims of other car accidents, especially due to FMCSA violations in a trucking accident.

What is most troubling is that the FMCSA reports that these figures have increased by 2% (fatal) and 4% (injury-causing) over the last few years.  Of those injured or wrongfully killed, statistics from the National Highway Traffic Safety Administration (NHTSA) reveal that 71% of those killed were in other vehicles—not the truck driver.  In New York, there are over 1,200 fatalities in truck accidents each year, amounting to about 3-4 deaths each day in just the Empire State.

While there are many causes of truck wrecks, FMCSA violations in a trucking accident are one of the most common.  If you or a loved one have been seriously injured or if a loved one was wrongfully killed in a big rig crash, call our experienced trucking accident lawyer in New York at the O’Connor Law Firm to schedule a FREE case evaluation and consultation to learn more about your rights under the law.

What is the FMCSA? 

Even though states have similar vehicle and traffic laws, there are some important differences in the law.  Since trucks frequently operate in many different states, it can be difficult to comply with every state law.  This is why a federal agency is charged with creating the minimum rules that all trucks must comply with no matter what state they are from, going to, or presently in.  The agency that does this is the FMCSA, and it has made certain regulations that apply to all commercial truck drivers and companies.

What Happens if a Truck Company or Truck Driver Violates a FMCSA Regulation?

A truck driver or trucking company that violates a FMCSA regulation may be subject to fines and penalties, including on the truck company’s license to operate commercial vehicles and a truck driver’s ability to drive commercial vehicles.

But when a violation of a regulation results in a motor vehicle accident, that violation can be used as evidence of negligence against the truck driver or trucking company by a victim.  This can help a victim prove liability (or fault) for the crash.  While it is not an automatic finding of liability, like a statutory violation would be under the doctrine of negligence per se, it is still a very strong finding that can help a victim prove liability or force a defendant to settle.

Most Common FMCSA Violations in a Trucking Accident in New York

There are many different FMCSA regulations that pertain to a wide range of aspects of commercial trucking.  Any one of these regulations could be violated by the truck driver or trucking company.  Some of the most common FMCSA violations in a trucking accident that result in personal injuries include the following:

• Hours of Service (HOS) violations – truck drivers are limited to how many hours they can drive in a 24-hour, 60-hour, and 70-hour time period. The goal of these regulations is to prevent mental and physical fatigue of truck drivers.  HOS violations are a big deal, and truck drivers must keep a logbook that details how long they have rested for and been off duty, on duty, and actively driving.  When a truck driver violates these rules by driving more than is allowed and causes a trucking accident, a violation of this regulation can be used to help prove negligence in driving while fatigued or tired. 
• Alcohol Use – while New York has tough drunk driving laws, the FMCSA prohibits a truck driver from having even a .01 BAC. In fact, the FMCSA prohibits a truck driver from having any alcoholic drink within four hours of starting a shift—even before driving.  This is one of the strictest drunk driving rules or laws in the world.  A truck driver that has any BAC at the time of the accident has violated this FMCSA.  This violation can be used to help support a claim against the defendant.
• Inclement Weather or Hazardous Conditions – FMCSA regulations require truck drivers to slow down in hazardous conditions and, if safe movement cannot be made while driving slow, a truck driver must stop and may only restart when it is safe to do so. This applies not just to conditions like snow and ice (a common issue in New York), but also to heavy rain or fog.  Truck drivers who cause an accident in inclement weather are almost always in violation of these FMCSA regulations and frequently New York law.
• Disabled Trucks – large commercial trucks that are stopped on the roadway or just off the roadway are a hazard. Although they are huge vehicles, they can easily be missed by motorists—especially on fast-moving highways and thruways.  This presents a very real and dangerous hazard for drivers who could collide with a disabled truck.  Although it may appear to be the fault of a driver who hits a stopped, disabled truck, that is not always true.  FMCSA regulations require disabled trucks to immediately activate hazard lights and, after ten minutes, place out warning signs, cones, or flares behind them in certain increments to warn oncoming drivers.  The failure to do so could result in liability for a crash with a disabled truck.
• Securing and Inspecting Cargo – one of the most important duties of a truck is transporting cargo. When unsecured cargo falls off and causes a trucking accident, it is a major issue and a common cause of personal injuries.  FMCSA regulations require certain types of securing devices for different types of cargo, including the number of devices, gauge, and how far apart they need to be.  Other FMCSA regulations require truck drivers to inspect the cargo at certain intervals to ensure the devices are working properly, not sliding or fraying, and are otherwise safe.  A truck driver that fails to do this can be liable for a trucking accident in New York.
• Many other common causes of trucking accidents due to FMCSA violations that our personal injury lawyer can help you with.

Were You Injured in a Trucking Accident in New York?  Call Our Experienced Trucking Accident Lawyer for a FREE Consultation

Trucking accidents are not like regular motor vehicle accidents.  They are much more complicated because of the matrix of federal regulations which apply in addition to New York law.  There are extra mechanical parts and components which could also cause crashes.  Most trucking accidents also result in more severe and catastrophic injuries that some regular car accident lawyers may not have handled before. 

Therefore, if you or a loved one were seriously injured in a trucking accident anywhere in New York, especially in the Bronx, New York City, Queens, Staten Island, Brooklyn, or anywhere on Long Island, call our experienced trucking accident lawyer in New York at the O’Connor Law Firm.  We offer FREE consultation and only get paid after you get paid in a settlement, verdict, award, or another type of recovery.  Learn more about our services and how we may help you by calling (718) 948-3500 or using our “Contact Us” box available here.