(845) 802-0047Distracted driving is one of the most dangerous things that a person could do. It is as dangerous if not more dangerous than drunk driving or drugged driving. New York, like most states, has taken legislative measures to prevent distracted driving. These laws prohibit motorists from using cell phones, tablets, computers, and other electronic devices while driving unless they are hands-free, could use only one finger to activate, or need to be used for an emergency. These laws apply to all motorists, including truck drivers of commercial vehicles like 18 wheelers or semi-tractor trailers—even if the truck driver is not from New York or delivering to New York. Any distracted driving by a truck driver which causes a New York trucking accident could be liable to victims injured under New York law.
In fact, distracted driving by truck drivers is also banned throughout the United States. The Federal Motor Carrier Safety Administration, FMCSA, has enacted regulations which apply to truck drivers of commercial vehicles no matter what state the trucking company is from, where the delivery starts, where the delivery ends, the residency of the truck driver, or where the crash occurs. These FMCSA regulations are the minimum standard that truck drivers must comply with while operating a commercial vehicle on any roadway in our country. These regulations, like New York law, prohibit a truck driver from operating a large commercial vehicle while using any electronic device other than for an emergency.
While there is some overlap between the FMCSA and New York law, the New York law is slightly more restrictive and a little different. There is also New York common law, or judge-made law, which places additional requirements on motorists that are premised on public sentiments, beliefs, and opinions of how motorists should operate a motor vehicle in New York. Nonetheless, a truck driver in New York must comply with both the FMCSA regulations and New York law at the same time—which is possible the way the regulations and laws are written. Therefore, if a truck driver causes a New York trucking accident due to distracted driving by a violation of an FMCSA regulation or New York law, that truck driver and trucking company may be liable for any personal injuries caused by the 18 wheeler wreck.
Examples of Distracted Driving causing a New York Trucking Accident
There are many ways that distracted driving could cause a New York trucking accident. While the first thought is cell phone use, which is probably the most common example, there are many more ways that a truck driver could engage in distracted driving and cause a catastrophic box truck crash. Some of the examples of distracted driving are statutorily prohibited by New York law or regulatorily prohibited by the FMCSA, but other examples are prohibited by New York common law which a reasonably prudent motorist would not do when using reasonable care under the circumstances in the use and operation of his or her vehicle.
Some of these common examples include the following:
- Text messaging;
- Making a cell phone telephone call;
- Checking e-mails;
- Playing a mobile game;
- Using a tablet;
- Using a GPS device, such as inputting information, checking data, and other information;
- Using a laptop computer;
- Playing with the music radio;
- Excessively using a handheld radio/trucker’s radio;
- Eating or drinking;
- Shaving;
- Putting on makeup or beauty supplies;
- Checking social media;
- Taking photographs with a phone, camera, or other devices;
- Reading;
- Talking to passengers or co-drivers, or jesting, horseplay, or other distracting conduct with a passenger or co-driver;
- Playing with a dog or pet in the cabin of a truck; or
- Other distracted driving.
Dangers of Distracted Driving Causing New York Trucking Accidents: Common Types of Crashes
The obvious danger of distracted driving is that a large commercial vehicle becomes an unguided missile on the roadway. With particularly fast-moving roadways like interstates, thruways, and other highways, distracted driving by a truck driver will simply cause fatal trucking crashes. The most common types of trucking collisions due to distracted driving include the following:
- Crossing the centerline median;
- Running a stop light;
- Rear-ending another vehicle;
- Head on collisions;
- Jumping the curb or hitting a parked vehicle, pedestrian, or cyclist on the side of the road;
- Drifting from one’s lane and colliding with another vehicle; and
- Other types of serious or fatal trucking crashes.
Distracted Driving Kills: Ask Our New York Trucking Accident Lawyer for Help
A truck driver that causes a New York trucking accident due to distracted driving may be liable to victims and their families under New York statutory law, New York common law, and FMCSA regulations. This is a complicated matrix of laws that most motor vehicle accident lawyers do not normally handle. This is why you need a lawyer focused on New York trucking accidents to help represent you and your family in serious 18 wheeler wrecks and fatal semi tractor-trailer crashes. Call our New York trucking accident lawyer to learn how we can help you and your family after a terrible box truck collision with a FREE appointment to hear your rights and how we can protect them.