(845) 802-0047Even though most commercial vehicles are quite large, such as 18 wheelers, semi-tractor trailers, and even double tandem trailers, at night or in inclement weather they can still be difficult to see. This is particularly true on fast-moving highways, interstates, thruways, or other roadways. This is why both New York statutory law and federal regulations require that all commercial vehicles have working lights, particularly headlights. Headlight defects can result in serious New York trucking accidents because other motorists could fail to see the tractor-trailer coming, have difficulty gauging the distance of the vehicle to safely make a turn or could not see the 18 wheeler on the side of the road and crash into it.
In fact, headlight defects are a violation for all motorists under New York law. This is because headlights are imperative to safe use and operation of a vehicle on New York roadways. This is even more important for large commercial vehicles which have greater stopping distances and more difficulty making certain maneuvers, particularly evasive maneuvers. Most of the time, headlight defects could also be avoided through simple and routine maintenance, which makes the presence of a headlight defect preventable negligence on the part of a truck driver and trucking company.
Reasons Why Headlight Defects are Dangerous
Headlight defects are dangerous for several reasons. This is because it makes it harder for other motorists to see the tractor-trailer and more difficult to gauge an approaching truck’s speed. In some situations, both of these conditions apply which make it very dangerous for other motorists. Some common examples of New York trucking accidents due to headlight defects include the following:
- Not seeing an oncoming truck at night to make a left or right turn;
- Unable to gauge the distance of an oncoming truck before having to make a turn;
- Not seeing a truck and making a lane change;
- Rear-ending parked trucks;
- Not seeing trucks in inclement weather like rain, snow, fog, sleet, or other adverse conditions; and
- Other examples of dangerous.
Liability for Headlight Defects in New York Trucking Accidents
While there are Federal Motor Carrier Safety Administration (FMCSA) regulations regarding equipment such as headlights, New York statutory law also requires properly working headlights on all motor vehicles. This is important because both the violation of a regulation and a violation of a statute could be used by a victim injured in a New York trucking accident under the doctrine of negligence per se. This doctrine allows a person harmed by a statutory violation which was meant to protect that person from that harm to automatically hold the violator negligent as a matter of law. However, in the case of a regulation, a violation of the regulation is the only evidence of negligence. Whereas the violation of a statute is negligence. This is an important difference, but both can be used in a headlight defects case.
Common Injuries in a New York Trucking Accident Caused by Headlight Defects
When a person is injured by a large commercial vehicle like an 18 wheeler, tanker, flatbed, semi tractor-trailer, or other large box truck due to headlight defects, it is unfortunately very likely that the victim will be catastrophically injured. This is because most times other motorists do not see the big rig coming before the collision due to the headlight defects. As a result, injuries are usually devastating and fatal.
Some of the most common injuries in a New York trucking accident case involving large commercial vehicles include the following:
- Traumatic brain injuries (TBIs);
- Amputations;
- Spinal cord injuries;
- Paralysis, including paraplegia or quadriplegia;
- Broken bones;
- Nerve injuries, including brachial plexus nerve injuries or facial nerve injuries;
- Significant burns, either fire burns or chemical burns;
- Organ ruptures or organ damage, including the need to remove portions or an entire organ;
- Hypoxic injuries due to excessive bleeding;
- Neck and back injuries, including the need for spinal fusions; and
- Many other types of catastrophic injuries.
In addition, a victim may succumb to his or her injuries due to the negligence of a truck driver or trucking company. This may give rise to a New York wrongful death action. It is often said that wrongful death is the ultimate personal injury, and families of victims of a box truck crash with trucks that have headlight defects may be entitled to compensation for funeral costs, burial expenses, and loss of income by dependents.
Hurt in a New York Trucking Accident With a Large Truck that had Headlight Defects? Ask Us For Help
If you or a loved one have been involved in a New York trucking accident involving a commercial vehicle that had headlight defects, you have important rights to protect. Both federal regulations and New York law require all motor vehicles to have properly working headlights. If there is a trucking collision caused by headlight defects, call our New York trucking accident lawyer to learn how we can help you today.