(845) 802-0047Although the trucking and logistics business is an interstate business, meaning it goes across many state boundaries, all truck drivers and trucking companies must comply with New York law when operating a commercial vehicle within New York. State compliance is mandatory anytime a commercial vehicle operates on New York roadways, interstates, thruways, and highways. When a New York trucking accident occurs because of a truck driver or trucking company’s failure to comply with the statutes, laws, regulations, and other requirements of New York, that truck driver or trucking company could receive a citation/ticket. Further, when the state compliance failures result in a New York trucking accident causing serious personal injuries or wrongful death, that truck driver and the trucking company may be liable for damages to the victim and his or her family.
New York’s vehicle and traffic law largely aims to protect against New York trucking accidents that may cause serious personal injuries or wrongful death. Many of the statutory sections govern safety equipment, warning devices, and rules of the road. State compliance of these statutes is important to the safe and orderly operation of a motor vehicle. But many truck drivers and trucking companies may neglect to learn these laws or simply not care about New York law. They may attempt to hide behind other law from where they are originating from or going to. But when a New York trucking accident occurs on a New York roadway, state compliance is mandatory and the failure to do so may result in an automatic finding of liability.
How to Hold a Truck Driver or Trucking Company Automatically Liable for a New York Trucking Accident Due to State Compliance Failures
One of the most daunting tasks for a victim of a New York trucking accident who has sustained a serious personal injury or for a family has lost a loved one in a wrongful death crash is how to hold the defendant truck driver and trucking company liable for their mistakes. When a New York statute is violated, a victim and his or her family may use the doctrine of negligence per se to automatically hold a truck driver and trucking company liable for personal injuries or wrongful death.
The doctrine of negligence per se generally requires three things to automatically hold a defendant liable for a New York trucking accident, which is the following:
- The defendant violated the statute;
- The statute is meant to protect a certain class of person (like other drivers, passengers, or people around the roadway);
- The statute is meant to prevent a certain class of harms that the violation caused (like personal injuries, property damage, or wrongful death).
If an individual harmed in an 18 wheeler wreck can prove these three elements, it is possible that a truck driver and trucking company may be found automatically liable for the semi tractor-trailer crash.
What are Common State Compliance Statutes that Commercial Vehicles Must Comply With?
There are many New York statutes that require state compliance to avoid a New York trucking accident. The most important and common sections of New York law include the following:
- Appropriate and working lamps, signaling devices, and reflectors;
- Working steering columns and wheels, tires, and braking systems;
- Not leaving the scene of an incident without reporting (hit and runs);
- Obeying speed limits;
- Reducing speed as necessary in inclement weather;
- Failing to yield to the right-of-way of other vehicles, including at yield signs, stop signs, flashing yellow lights, and when entering the roadway;
- Staying on the right side of the road/not crossing the centerline median;
- Not using alcohol or drugs while operating a motor vehicle;
- Safe left turns and other turning maneuvers;
- Using turning signals and indicators;
- Not using cellphones while operating a commercial vehicle, except for emergency purposes;
- Not using other electronic devices while operating a commercial vehicle, except as permitted; and
- Other important laws.
State Compliance of the Vehicle and Traffic Law is Required to Prevent a New York Trucking Accident
If a truck driver or trucking company has failed to comply with New York laws or regulations, both may be at fault for a New York trucking accident caused by the violation. Victims may be entitled to a wide-array of damages to help pay for their medical expenses both past and future, lost wages both past and future, and for the pain, suffering, and grieve they endured due to the careless, reckless, and negligent conduct of a defendant. State compliance failures can be used as a sword for victims in these types of case. Call our New York trucking accident lawyer to learn how we can help protect your rights today.