Trucks in Queens play an important role in boosting commerce. Many of them transport goods and facilitate the logistics of supplying hundreds of businesses. Without these big 4-wheeled engines, New York City's business operations would suffer. Therefore, a balance must be struck between the circulation of these vehicles and smaller vehicles and even non-motorized vehicles such as bicycles.
In the event of an impact between a truck and a smaller vehicle, the consequences could be fatal. It is highly probable that the person affected by an impact of this nature will not live to tell the tale. That is why pedestrians, drivers, and visitors to New York, in general, should take the necessary measures to keep themselves safe from a possible truck accident.
Some of these preventive measures include conscious driving, staying in a state of constant alertness, respecting the established lanes for each type of vehicle, and not invading lanes; in the case of motorcyclists, use all the safety elements that meet the necessary characteristics to protect your life.
Victims of a truck accident may suffer not just physical injuries but also mental and financial turmoil, making the following days a terrible path. A skilled Queens truck accident attorney can make all the difference during such hard times.
Examining the complex issues of liability, the function of insurance companies, the typical causes of accidents, and the significance of having knowledgeable legal counsel are all part of the investigation into the world of truck accidents in Queens.
Whether you are a victim seeking justice or a worried family member trying to support your loved one through a difficult time, we want to arm you with the information you need to make wise choices and successfully negotiate the road to just compensation.
Let us embark on this journey together, where this information will not only illuminate but also comfort and guide you. Keep in mind that you do not have to fight this war alone. The Ward Law Group is ready to fight for your rights, providing support as we try to hold irresponsible parties accountable and assist you in rebuilding your life after a devastating truck accident.
Truck Accident Laws in Queens
We understand that sometimes exploring specific legal regulations can be a complicated issue. You need to take the time to review in detail the legal framework that exists around accidents involving vehicles such as trucks.
However, we feel it is important for all of our clients to be aware of the rules surrounding this topic. Knowing the legal bases that take effect after a trucking accident in Queens will allow you to understand your rights, as well as the legal avenue or strategy that will be employed in your case.
Knowing rights is a critical step. This will give you peace of mind and restore your confidence in the legal system that governs your community. At The Ward Law, we have always enjoyed sharing our knowledge with our clients and the community at large.
We believe that knowledge is power, so a more informed community will help ensure that rights are not violated. If nothing else, being informed citizens helps us strengthen the rule of law.
- Federal Trucking Regulations: Ensuring Safe Operation
Hours of Service (HOS) Regulations: To prevent driver fatigue, the Federal Motor Carrier Safety Administration (FMCSA) enforces HOS regulations. To maintain traffic safety, commercial truck drivers must abide by stringent time restrictions and required breaks.
Weight Limits: To prevent overloading and preserve the integrity of the road infrastructure, federal regulations set weight limits for commercial trucks. Fines and liability for accidents are possible outcomes of violations.
- New York State Traffic Laws: Rules of the Road
Speed limits: Queens has set speed limits for various types of roads, just like the rest of New York. These speed limits, which can range from 25 mph to 55 mph on neighborhood roads and up to 65 mph on some highways and interstates, must be followed by truck drivers to prevent accidents.
Right of Way Laws: New York specifies who has priority at intersections and in other traffic situations. These laws are enforced in Queens, as they are throughout the entire state, requiring that vehicles already in the intersection have the right of way, followed by those who arrive first or on the right if they arrive at the intersection simultaneously.
The importance of cautious and alert driving for truckers to ensure the safety of all road users is emphasized by the fact that pedestrians and cyclists have specific rights of way in designated areas.
Distracted Driving Laws: Handheld device use while driving is prohibited in New York, including by drivers of commercial trucks. Fines and an increased risk of accidents can come from infractions.
- Liability in Trucking Accidents: Determining Fault
Negligence: If a truck accident was caused in part by the negligence of a truck driver or company, they may be held accountable. Speeding, breaking traffic laws, or operating a vehicle while intoxicated are examples of negligent behavior that can place blame.
Employer Liability: Under the doctrine of "respondent superior," trucking companies can be held responsible for their drivers' actions. If a driver's negligence occurs within the scope of employment, the company may share liability.
Manufacturer Liability: The truck manufacturer or distributor may be responsible for damages if a mechanical flaw or defective component played a role in the collision.
Third-Party Liability: Contractors, maintenance crews, and cargo loaders may also share liability if their actions contributed to the accident. For instance, if a truck's brakes fail due to improper maintenance by a third-party maintenance crew, and this failure leads to a collision, that maintenance company could be held partially responsible for the accident.
Similarly, if cargo is improperly loaded onto a truck and it shifts during transit, causing the truck to lose control and crash, the cargo loading company could be deemed liable for their negligence.
A contractor may be held liable for a truck accident that results from dangerous road conditions brought on by inadequate or subpar repairs made by that contractor. These hypothetical situations highlight the value of a thorough investigation and evaluation to find all parties who might be at fault in a truck accident case in Queens.
As multiple parties may share financial responsibility for the damages and injuries brought on by the accident, establishing third-party liability can have a significant impact on the compensation available to the victim.
Contact The Ward Law firm right now to get a free case evaluation! Do not waste more time. Our Truck accident attorneys at Queens will fight next to you until we reach the fairest agreement.
Common Causes of Truck Accidents in Queens
Over the years we have represented clients in many similar cases. Many times these cases involved trucking accidents. That is why, together with our team of professional truck accident lawyers from Queens, we have identified the most common causes of these situations. A knowledgeable Queens truck accident attorney can help victims navigate these complexities and seek appropriate compensation for their losses.
- Driver Fatigue: As a result of lengthy driving days and rigorous schedules, tired drivers are less able to make quick decisions and respond to changing traffic situations. Hours of service are limited by federal rules to minimize driver weariness.
Example: A tired truck driver fails to notice slowing traffic ahead and rear-ends a passenger vehicle, causing a multi-vehicle collision.
- Speeding: Excessive speed impairs a truck driver's ability to stop or maneuver, resulting in catastrophic accidents. In Queens, speed restrictions are set for various road types to guarantee everyone's safety.
Example: A truck exceeding the speed limit loses control while navigating a curve, causing a rollover accident and blocking multiple lanes of traffic.
- Improper Maintenance: Regular maintenance of trucks can play a crucial role in averting mechanical failures that have the potential to lead to accidents. These failures often manifest as difficulties with braking or unexpected tire blowouts.
Some of the most important aspects to check while doing maintenance to a truck are the following:
Brake Pad Replacement: Brake pads should be replaced before they become excessively worn to maintain optimal braking performance.
Fluid Checks: Regularly check brake fluid levels and quality, ensuring that the hydraulic system functions correctly.
Rotor and Drum Maintenance: Rotors and drums should be inspected for even wear and smooth surfaces to prevent uneven braking and potential lock-ups.
Brake Pad Replacement: Brake pads should be replaced before they become excessively worn to maintain optimal braking performance.
Tire Pressure Checks: Regularly monitor tire pressure and ensure it meets manufacturer specifications. Underinflated or overinflated tires can lead to blowouts and reduced vehicle control.
Tread Depth Inspection: Tires should have sufficient tread depth to provide traction and prevent hydroplaning. Replace tires that show signs of excessive wear.
Alignment and Balancing: Proper wheel alignment and balancing help extend tire life and prevent uneven wear, contributing to better handling and stability.
Oil Changes: Follow manufacturer guidelines for oil changes to maintain engine lubrication and prevent premature wear.
Fluid Checks: Regularly inspect and top off fluids such as coolant, transmission fluid, and power steering fluid to ensure proper vehicle operation.
Air Filter Replacement: Replace air filters at recommended intervals to ensure clean air intake and prevent engine strain.
- Overloaded Trucks: Trucks carrying loads that are too heavy or not appropriately secured put other drivers in danger by impairing their maneuverability and stability.
Example: An overloaded truck's cargo shifts, causing the vehicle to tip over and collide with nearby cars.
- Inadequate Training: Insufficient training for truck drivers can lead to improper handling of large vehicles, contributing to accidents during maneuvers like turns, lane changes, and backing up.
Example: A truck driver inexperienced in maneuvering makes an incorrect turn, colliding with a car in a neighboring lane.
- Weather Conditions: Inclement weather, such as rain, snow, or fog, can reduce visibility and reduce the traction of the road, making it difficult for truck drivers to drive their vehicles safely.
Example: A truck skids on a slippery road during a snowstorm and crashes into a barrier.
Victims of truck accidents can seek legal assistance from a service-oriented Queens truck accident attorney from The Ward Law to ensure their rights are protected and that they receive the compensation they deserve for their injuries and losses.
Don’t hesitate to call The Ward Law Group at 855-DOLOR-55 today!
Queens Truck Accident Compensation: Seeking Fair Reimbursement
Truck accidents can lead to extensive damages, from physical injuries to property damage and emotional distress. Understanding the types of compensation available to victims is crucial in ensuring that you receive a fair settlement for your losses.
- Medical Expenses:
Victims of vehicle accidents may require emergency medical attention as well as continuous treatment. Medical expenditures compensation may include:
Emergency Medical Care: Coverage for ambulance fees, emergency room visits, and initial medical assessments.
Hospitalization and Surgeries: Compensation for the cost of hospital stays, surgical procedures, and related medical services.
Medications and Rehabilitation: Reimbursement for prescribed medications, physical therapy, and rehabilitation programs to aid recovery.
- Property Damage:
Truck accidents can result in significant damage to your vehicle and personal belongings. Compensation for property damage may include:
Vehicle Repair or Replacement: Coverage for repairing or replacing your damaged vehicle based on the estimated repair costs or market value.
Personal Belongings: Reimbursement for items damaged or lost in the accident, such as electronics, clothing, and personal items.
- Lost Wages and Earning Capacity:
Serious truck accidents can result in disabilities that are either temporary or permanent, preventing victims from working again. Compensation for lost earnings and earning potential could include:
Lost Income: Reimbursement for wages lost due to missed work during recovery.
Diminished Earning Capacity: Compensation for the reduction in future earning potential if the accident leaves you with lasting disabilities.
- Wrongful Death Damages:
In tragic cases where a truck accident results in a fatality, surviving family members may seek compensation for:
Funeral and Burial Costs: Coverage for the expenses associated with laying a loved one to rest.
Loss of Consortium: Compensation for the emotional and financial support that the deceased provided to their family.
Contact a Queens Truck Accident Attorney from The Ward Law Group!
We will guide you through the entire process. In this way, we can turn the bad time of an accident of this nature into an opportunity to make our Queens community a fairer and safer place to live.