(845) 802-0047In traffic safety, the old adage is that speed kills. This cannot be more accurate with large commercial vehicles. Speeding reduces a driver’s reaction time while increasing the stopping distance of the vehicle. Speeding also generates more momentum and force in a collision which converts an ordinary collision into a devastating wreck. This is particularly true in speeding crashes with large commercial vehicles like 18 wheelers tankers, semi-tractor trailers, and other box trucks. When New York trucking accidents are caused by a speeding truck driver, innocent people are usually catastrophically injured or wrongfully killed.
Unfortunately, the trucking industry’s business model promotes speeding. This is because the trucking business is all about delivery times. The faster that a truck driver makes a delivery, the faster that the truck driver makes money. Simply put, faster deliveries mean bigger paychecks. Even though truck drivers and trucking companies know that speeding is very dangerous, especially in large commercial trucks, some truck drivers and trucking businesses think that the risk of a ticket is worth the extra paycheck. This, of course, puts your life at risk for their money.
Liability in New York Trucking Accidents Caused by Speeding
One of the basic rules of operating a motor vehicle is going the speed limit. Both New York law and federal regulations require motorists to comply with speed limitations and restrictions on a roadway. The federal regulations promulgated by the Federal Motor Carrier Safety Administration (FMCSA) defer to the state speed limits wherever the truck driver is operating at the time, not where the truck driver is from or where the truck is going. The federal regulations provide an added layer of liability when a truck driver violates speed restrictions because it would be a violation of both New York law and federal regulations.
This is important because a New York trucking accident caused by a speeding truck driver could result in liability merely for the statutory violation. This is known as the doctrine of negligence per se which provides that a defendant who violates a statute may automatically be liable for injuries caused to a person that the statute is meant to protect from those injuries. This is an important tool that a plaintiff can use in a personal injury action.
Therefore, any time an 18 wheeler wreck is caused by a speeding truck driver, any victims injured or wrongfully killed in that crash will likely be able to automatically prove liability by virtue of the fact that the truck driver violated the statute.
Truck Drivers Could be Liable for Speeding Even Under the Speed Limit
While it is obvious that a truck driver could be liable for a big rig crash because the truck driver was going above the speed limit, what most people do not know is that a truck driver could also be liable for speeding even if the truck driver is going less than the speed limit. This is because both New York law and FMCSA regulations require a truck driver to operate a truck at a speed that is reasonable for the conditions of the roadway such as weather conditions or traffic patterns.
Thus, even if a truck driver is driving under the speed limit, a court or jury may still determine that a truck driver was driving at an unreasonable speed for the weather or traffic conditions. This means that a truck driver could be liable for personal injuries or a wrongful death even below the speed limit.
In fact, FMCSA regulations even require a truck driver to stop operating a commercial truck if the weather conditions make it unsafe to continue to move or otherwise operate. This means that a trucking accident in icy, snowy, or heavy rain may result in liability against a truck driver and trucking company even if the truck driver was operating at incredibly slow speeds.
Injuries Caused by New York Trucking Accidents Caused by Speeding
Injuries caused by a speeding tractor-trailer are often devastating, debilitating, and permanent. These greater injuries are inherent to large commercial vehicles given their sheer size and weight.
Some of the most common injuries caused by large commercial trucks in New York trucking accidents caused by speeding include the following;
- Wrongful death;
- Traumatic brain injuries (TBIs);
- Spinal cord injuries including paralysis;
- Head injuries;
- Fractured bones and broken bones;
- Amputations;
- Organ injuries;
- Crushing damage to limbs;
- Nerve injuries;
- Significant disfigurement; and
- Other serious or fatal injuries.
Victims of New York Trucking Accidents Caused by Speeding Should Call Our Law Firm
Anytime a large commercial truck driver causes a serious or fatal 18 wheeler wreck due to excessive speed, victims and their families should call our New York trucking accident lawyer to protect their rights to compensation. The damages are usually more severe and more complicated to explain to a judge and jury, which means you need to have a competent lawyer who understands both the law and the medicine to ensure you obtain the compensation you deserve.
In addition, you will need to establish that the truck driver was speeding which requires either accident reconstruction or the collection of electronic truck information in the vehicle’s ECM (black box). Call our firm to schedule a FREE consultation to learn how we can do that for you to protect you and your family’s rights in any New York trucking accident caused by a speeding truck driver. We will fight hard to hold those responsible for your injuries, such as pain and suffering, medical bills, lost wages, and loss of affection from loved ones, liable in a court of law.