(845) 802-0047The ability to steer and direct your motor vehicle is imperative to safe operation. This is true no matter what you are driving, whether it is a passenger car or 18 wheeler, or even just a bicycle, being able to direct your vehicle is the most important part of operating a vehicle. Thus, a steering failure could be catastrophic and lead to permanent, debilitating, and life-changing personal injuries. This is particularly true with large commercial vehicles like semi-tractor trailers, double trailers, tankers, flatbeds, and other large vehicles. When there is a steering failure for these large vehicles, it could turn a commercial vehicle into an unguided battering ram on the highway, which could cause fatal New York trucking accidents.
It is important to note that steering in large commercial vehicles steering is inherently difficult for several reasons, even when the steering is properly working. First, there is a larger apparatus to manage (the bed or box truck) which makes an 18 wheeler more difficult to maneuver. Second, trucks inherently need more space to turn and cannot turn “on a dime.” Third, because of the length of the trailer, a truck driver needs to create a wider turning radius by initially steering in the opposite direction to compromise space and turn back in the direction he or she is intending. Fourth, the wheel is larger to handle and there is more resistant in turning a vehicle, particularly one with a heavy load or on a tighter turn. But these are just when there is no steering failure. Even minor errors, defects, and other steering failures could make this process significantly more difficult and downright dangerous.
Potential Causes of a Steering Failure
There are many potential causes for a steering failure in a large commercial vehicle like an 18 wheeler, box truck, semi tractor-trailer, or other large box truck. Most of the time these are completely avoidable and should be detected and repaired without issue. Unfortunately, this is not always the case. The trucking industry is all about profits, and time is money. This means the longer that it takes to inspect and check for steering issues, the less money that a truck driver and trucking company will earn—even if this prevents a deadly New York trucking accident.
As such, the most common causes of a steering failure resulting in an 18 wheeler wreck include the following:
- Lack of inspection;
- Hastily inspections, incomplete inspections, or gloss overs;
- Inspections by unqualified individuals (like office staff, interns, or non-mechanical individuals);
- Improper servicing;
- Failure to check the steering column;
- Product defects;
- Misuse or abuse of a steering column;
- General lack of maintenance;
- Fluid leaks;
- Broken steering belt;
- Damage to the steering column and its components; and
- Many other causes.
Liability under New York Law and Federal Regulations for a Steering Failure
When a steering failure results in a New York trucking accident, it could result in serious personal injuries or the wrongful death of an innocent person. This is why both New York statutory (legislatively-made law), New York common law (judge-made law), and Federal Motor Carrier Safety Administration (FMCSA) regulations all require truck drivers and trucking companies to have properly installed and working equipment. This includes the steering column which must be in proper working order.
A victim who is injured in an 18 wheeler wreck caused by a steering failure may be entitled to compensation under several different theories of recovery. These include the following avenues:
New York Statutory Violations – the strongest attack by a victim of a motor vehicle crash in New York is to use a statutory violation to prove liability. This is because the doctrine of negligence per se allows a victim of a motor vehicle accident to automatically establish liability if the following elements are met:
- The statute was violated by the truck driver or trucking company;
- The victim was a person protected by the statute; and
- The statement meant to prevent harm to the protected person.
If a person injured can prove these elements, he or she is going to have a strong case against a truck driver or trucking company that has violated one of New York’s statutory laws.
Federal Regulations – The second strongest is the violation of an FMCSA regulation by again using the doctrine of negligence per se. However, this time the violation of a regulation is the only evidence of negligence, not an automatic finding. This means that the victim will still have to establish liability against the truck driver and trucking company, but there will be a strong case of negligence.
New York Common Law – While the least strong means of proving liability in a New York trucking accident, it is the most common way and it is still very potent. New York common law requires that all motorist exercise reasonable care under the circumstances in the use and operation of his or her motor vehicle. This includes a wide range of conduct that a truck driver must comply with, otherwise, he or she may be said to have breached his or her duty of care and be liable.
Victims of a New York Trucking Accident Caused by a Steering Failure Should Have a Lawyer That Uses All Three Grounds
When a truck driver causes a catastrophic 18 wheeler wreck or a deadly big rig crash, a victim and his or her family must use every single tool possible in his or her arsenal. This includes retaining a New York trucking accident lawyer that knows how to use violations of New York statutes, federal regulations, and New York common law as a sword against a negligent truck driver and trucking company. If you have been injured in any type of commercial vehicle crash in New York, please call to schedule a FREE appointment to learn what we can do today to ensure your rights are preserved.