(845) 802-0047No one enjoys getting their vehicles inspected. It is a hassle, usually requires us to take time off of work, and sometimes results in fees to repair nuisance things. But when you have a large commercial vehicle like an 18 wheeler, tanker, or other box truck, an inspection is a fact of life. It has to be because inspections are required by federal regulations. With so many moving parts and the heavy stresses of cargo on a commercial vehicle, lack of inspection can allow minor problems to go undiagnosed and become catastrophic failures. This could result in serious or deadly New York trucking accidents.
According to the Federal Motor Carrier Safety Administration (FMCSA) regulations, there should be no such thing as a lack of inspection. Truck drivers are required to inspect their vehicle before each time they start their engine. Trucking companies are required to keep their commercial motor vehicles in good repair and in compliance with federal and state laws or regulations. When cargo is placed on the bed of a truck, truck drivers have a repeated obligation to inspect their cargo multiple times and at different “landmarks” of the delivery to ensure no securement straps are failing or cargo is slipping.
How a New York Trucking Accident Could be Caused by a Lack of Inspection
While a lack of inspection sounds harmless, even properly maintained commercial trucks are dangerous. When they are not properly maintained due to a lack of inspection, they are downright dangerous or deadly. Here are some of the most common ways that a New York trucking accident could be caused by a lack of inspection:
- Brake failures;
- Steering column mishaps;
- Failing to connect air brakes properly;
- Headlight defects;
- Securement device weaknesses or failures;
- Unsecured mirrors;
- Tire failures;
- Axel defects;
- Air brake line damage;
- Rear lights, hazard flashers, or other illumination defects; and
- Other dangerous by preventable defects.
How to Prove a Lack of Inspection Caused a New York Trucking Accident
Since FMCSA regulations require both a truck driver and a trucking company to inspect their vehicle before operating the truck, and because New York statutory law requires all motorists to ensure their motor vehicle has properly working equipment, any equipment defects or failures that should have been caught on a routine inspection could be grounds for a personal injury action. Said differently, when a defect should have been caught in an inspection, the lack of inspection could be the proximate cause for the 18 wheeler wreck. This allows a victim to hold the truck driver and trucking company liable.
In addition, New York common law, or judge-made law, requires that all motorist keep their motor vehicles in proper working condition and free of dangerous defects. Therefore, even if a component or piece of equipment is not statutorily required by New York law or in a required regulation by the FMCSA, the common law may still find a truck driver negligence in the maintenance of his or her vehicle. This provides another avenue for an injured person to hold a truck driver or trucking company liable.
Damages for a Lack of Inspection Resulting in a New York Trucking Accident
When a victim establishes that a truck driver, trucking company, truck servicer/repair company, or another person or entity is liable for a lack of inspection which caused a semi tractor-trailer crash, a victim may be entitled to damages. In a personal injury action, damages are compensation in nature. The most common damages in an 18 wheeler wreck case include the following:
- Pain and suffering, both past pain and suffering and future pain and suffering;
- Lost wages from being out of work for the injuries caused by the crash;
- Medical bills from the crash;
- Lost future earnings if unable to return to the same work and have to take a pay cut;
- Future medical expenses;
- Modifications to one’s home or vehicle to make it more accessible, especially for victims with spinal cord injuries and paralysis of the legs;
- Loss of services, consortium, affection, and otherwise a relationship with their loved ones and dependents like spouses, children, parents, siblings, and others that rely on the victim for support;
- Property damage;
- Emotional damages or psychological damages; and
- Other damages that are related to the crash.
Injured by a Tractor Trailer That Crashed Due to a Lack of Inspection? We Can Help You Now
A lack of inspection can be a difficult case because there are so many elements to what could have caused a New York trucking accident. This includes truck driver error, rogue failure of parts, other motorists, or even “acts of God” like adverse and unpredictable weather (i.e., sudden gusts of wind). In addition, a truck carrier or insurance company will likely blame you for the big rig crash to claim you were the sole cause. This is why a New York trucking accident lawyer is needed to demonstrate what actually occurred and how to best present your case.
Sometimes a lack of inspection can be buried under lies and red herrings by a trucking company, whereas other times it could be obvious and in the logbook. But most victims of truck collisions will never see this without obtaining a lawyer, which is why you need to call our office to fight for your rights and investigate whether a lack of inspection resulted in your crash due to a preventable defect.