(845) 802-0047The logistics and trucking business are an interstate business. This means they operate throughout multiple states. It is true that trucks and cargo are hauled coast-to-coast and north to south throughout the United States. New York is one of the major commerce centers in the United States which serves as the spawn point for many long-range deliveries from imports and manufacturing. New York is also one of the major consumer states, which generate many deliveries from large commercial vehicles. In addition, trucks with deliveries going to Massachusetts, Connecticut, Vermont, New Hampshire, and Maine must all travel through New York to get to their destination.
Thus, when there is a New York trucking accident there could be many questions regarding what laws apply. While most states have similar vehicle and traffic laws, there are differences in the law which may make compliance difficult for a trucking company. This is while there is a federal agency regulating federal compliance with commercial vehicles. This agency is the Federal Motor Carrier Safety Administration or the FMCSA. It has enacted several regulations which apply to truck drivers and trucking companies no matter what state the truck is from, in or going to. These regulations serve a minimum requirement that must be complied with by a truck driver or trucking company.
Important Regulations for Federal Compliance that Prevent New York Trucking Accidents
There is a significant number of FMCSA regulations that require federal compliance by a truck driver and trucking company. These regulations are aimed to promote safe use and operation of a commercial vehicle in an effort to avoid New York trucking accidents. Some of the most important regulations that apply in New York include the following:
Hours of Service Violations (HOS)
These regulations recognize that long driving times by a truck driver is dangerous. This is because a fatigued truck driver could fall asleep at the wheel or have a delayed reaction while operating a big rig. The FMCSA caps the amount of time that a truck driver and operate a commercial vehicle without a break, in a 24-hour period, in a 7-day period, and in an 8-day period. The requirements include the following:
- 14-hour “on shift” maximum;
- 10-hour “off shift” minimum after a 14-hour shift;
- 10-hour maximum drive time during a 14-hour shift;
- 8-hour maximum consecutive driving time before a 30-minute break is required;
- 60-hour maximum operating time in a 7-day period; and
- 70-hour maximum operating time in an 8-day period.
A truck driver that violates these hours of service violations and causes a New York trucking accident may be found at fault if the cause of the crash relates to delayed reaction or bad judgment—which almost every crash does.
Prohibition of Alcohol/Drugs Before or On Shift
FMCSA regulations prohibit a truck driver from using alcohol within four hours of a shift starting and during a shift. No alcohol may be used after an accident if there will be a post-accident alcohol test. Drugs are prohibited in totality. Drugs that are considered medications (i.e., pain pills) may only be used if a licensed medical practitioner affirms that the drug and dosage will not adversely affect the driver’s ability to safely operate a commercial vehicle.
Post-Accident Alcohol Testing/Drug Testing
FMCSA regulations create mandatory post-accident testing “as soon as practicable” after an accident where a trucking accident causes 1) the loss of life, or 2) a truck driver is issued a citation and there was bodily injury to any person which receives medical treatment away from the scene or where one or more vehicles is disabled and has to be towed away from the scene.
Hazardous Conditions/Inclement Weather
Truck drivers must consider the conditions on the roadway with “extreme caution.” This includes when there is adverse weather conditions caused by “snow, ice, sleet, fog, mist, rain, dust, or smoke” which “adversely affect visibility or traction.” The FMCSA regulations require that a commercial vehicle to reduce speed and “[i]f conditions become sufficiently dangerous, the operation of the commercial motor vehicle shall be discontinued and shall not be resumed until the commercial motor vehicle can be safely operated.” This means if a commercial truck like a big rig, 18 wheeler, semi tractor-trailer, or other box truck continues to operate in adverse weather and causes a New York trucking accident, it is very likely that this FMCSA regulation is violated and the truck driver and trucking company will be liable for the crash.
Emergency Warning Signals and Cones
Federal compliance with emergency warning signals prevents other vehicles from colliding into large 18 wheelers that are disabled or stopped. As soon as a commercial vehicle stops on the shoulder or in a portion of the roadway, it must immediately active hazard warning flashers. Within 10 minutes of being stopped, a commercial vehicle must also place separate warning signs 10 feet behind the truck, 100 feet behind the truck, and 100 feet in front of the truck (for oncoming vehicles).
Inspection of Cargo
There are very specific federal compliance regulations regarding cargo and inspection which must be followed before and during the delivery. This includes how certain cargo must be secured and when inspections must be made by a truck driver. One important regulation is after the tractor-trailer has started its delivery, within the first 50 miles the truck driver must stop and make an inspection and adjustment of all cargo securement devices or add additional devices as may be necessary.
Failing at Federal Compliance Can Cause New York Trucking Accidents
When a large commercial vehicle fails to comply with the FMCSA regulations, a victim of a New York trucking accident may be entitled to commence and action for damages due to the failure by the truck driver and trucking company. One important tool to help prove this case is the doctrine of negligence per se. This common law, or judge-made law, allows an individual harmed by the violation of a statute to hold the violator liable for causing the harm the statute meant to prevent. Since federal compliance by the FMCSA regulations are not statutes but regulations, an individual harmed in an 18 wheeler wreck may use the regulatory violation as evidence of negligence by the truck driver and trucking company. If you believe there were regulatory violations in your semi tractor trailer wreck, please call our New York trucking accident lawyer to protect your rights to compensation.