(845) 802-0047While the instant cause of most trucking accidents may appear to be obvious such as a speeding truck driver or falling asleep at the wheel, there are other causes which may explain the risks taken by a truck driver which causes New York trucking accidents. Anytime there are 18 wheeler crashes due to speed or fatigue, an investigation needs to be conducted to determine whether unrealistic schedules caused the big rig crash. This is because some truck drivers are under immense pressure from trucking companies to complete deliveries as fast as possible.
This is because the trucking industry is built on speed. For instance, the faster a truck driver can complete deliveries, the faster that the truck driver gets paid. Essentially, the more deliveries, the more money. While this is a good business model in principle, trucking is inherently dangerous. This is because large commercial vehicles like semi-tractor trailers, double trailers, tankers, flatbeds, construction trucks, and other box truck are significantly more dangerous than smaller, passenger vehicles because of their sheer size and weight.
Federal Regulations Prohibiting Unrealistic Schedules
The Federal Motor Carrier Safety Administration (FMCSA) has promulgated regulations which prohibit trucking companies from requiring truck drivers to operate under unrealistic schedules. The purpose begins this regulatory scheme is because unrealistic schedules force truck drivers to take risks such as speeding, driving while fatigued, and even aggressively driving. These behaviors make a truck driver prone to causing New York trucking accidents.
Specifically, federal regulations provide under 49 CFR section 392.6 that “[n]o motor carrier shall schedule a run nor permit nor require the operation of any commercial motor vehicle between points in such period of time as would necessitate the commercial motor vehicle being operated at speeds greater than those prescribed by the jurisdictions in or through which the commercial motor vehicle is being operated.”
Liability for FMCSA Violations Causing New York Trucking Accidents
Victims of 18 wheeler wrecks due to unrealistic schedules may be able to prove liability premised on an FMCSA regulatory violation. The doctrine of negligence per se allows a victim to establish evidence of negligence when a truck driver violates a regulation that was meant to protect the victim from harm.
Therefore, the fact that a violation causes victim harm that the regulation meant to prevent, a victim could present a strong case of negligence against a truck driver and a trucking company. This is important because the doctrine of negligence per se allows a personal injury victim to have leverage over a trucking company.
Proving Unrealistic Schedules Which Cause 18 Wheeler Wrecks
It may be difficult at first glance to determine whether a New York trucking accident has been caused by a trucking company violating FMCSA regulations regarding unrealistic schedules. Fortunately, law enforcement will conduct an investigation for you to investigate whether a truck’s docket was unlawful. Law enforcement will also evaluate commercial vehicles EMC data, which is like a black box, to determine the speed and time that a truck has been operating. During this investigation, police will examine whether a truck’s start, end, and delivery time were unrealistic.
Once law enforcement completes its investigation, your New York trucking accident lawyer can FOIL or otherwise obtain the findings to help support your case. This information can then be provided to a trucking expert to further evaluate whether the schedule created by the trucking company was unrealistic, aggressive, and otherwise unlawful under FMCSA regulations. If it is determined by law enforcement or an expert that the trucking company forced a truck driver to operate under unrealistic schedules, that violation may be evidence of negligence under the doctrine of negligence per se.
Victims of New York Trucking Accidents Caused by Unrealistic Schedules is a Serious Problem
If you or a loved one were seriously injured in a semi tractor-trailer crash, or if a loved one was wrongfully killed, please call our New York trucking accident lawyer to learn how we can help investigate all of the causes of the crash to determine whether unrealistic schedules contributed to your injuries. Using this information may make it easier for victims to prove a personal injury action to recover damages for injuries, pain and suffering, medical bills, lost wages, and other damages.
Even if law enforcement determined that the trucking company did not impose unrealistic schedules, our law firm will hire leading industry experts with advanced degrees and significant experience to evaluate whether FMCSA violations caused your trucking accident. Contact our experienced and compassionate staff to schedule your FREE appointment today to learn how we can protect your rights and help your family.