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1 800 HURT 511

The Sanders Law Firm

What To Do After Colliding With A Truck

If you’ve driven next to a commercial truck or have seen a big truck crash into car, you may be worried what would happen if you had the misfortune of being such a collision. You’re not alone in your concerns. Injuries in an 18-wheeler crash can range in severity. You may suffer whiplash or forms of soreness, tightness, or stiffness. Severe crashes can lead to broken bones, disabling conditions, or even death.

If you feel pain after a truck accident, you should have a licensed medical professional assess your condition. Seeking prompt treatment can help you recover as quickly as possible. Depending on what the doctor sees, you may need to be referred to a specialist, such as an orthopedic doctor for disc injuries or neurologist for headaches or head injuries.  Without medical records documenting your symptoms and condition, it can become difficult to prove they are causally related to the wreck.

Immediately after the accident, police must be present at the scene. In most states, like New York, the law requires police to be called after an accident the culminates in any type of personal injury or property damage. The police will acquire statements from the involved parties and will need photos, and statements of any witness that may still be on the scene. Often, witnesses are left off of a police report, so if you’ve taken care to document the names of witnesses, your attorney can contact them for alternate version of events.

It is always beneficial to secure as much evidence as possible after a crash involving a semi-truck, so document as much as possible including witness information, pictures of the vehicles, pictures of your injuries, and any other relevant information. If you’ve sustained suffered visible bruising or skin tears photograph those areas immediately.

Assuming you can prove the other driver caused the accident, the focus shifts to damages. While most people injured in truck accidents simply wish they could turn back time to where the wreck never happened in the first place, we know that’s not possible. Instead, the form of recovery is monetary damages.

If you are hurt in a truck accident, you can recover compensatory damages designed to make you whole. Included in these damages are reimbursement for medical bills, prescriptions, medical devices like crutches, lost wages, property damage (car repairs, total loss, etc.), and out of pocket expenses. If you suffered a traumatic injury, your attorney may need to consult with expert witnesses to document future losses, such as medical bills and lost earnings.

Your disability settlement may be given to you in a lump sum. This is a one-time payment meant to cover treatment and lost time working. While it is a predetermined amount, you could instead receive the amount in installments, such as weekly or monthly payments. While the exact amount varies, you will most likely receive about two-thirds of your salary before your shoulder injury. Some states put a limit on how long you can receive workers’ compensation payments. For example, in New York, you can receive it for up to 525 weeks if you have lost all your earning capacity.

At HURT-511, our personal injury lawyers help injured workers recover the benefits to which they are entitled by law. For a free consultation with an experienced workers’ compensation lawyer, call us toll-free at 800-4878-511 or complete our online form. Our firm handles accident and injury claims throughout all five boroughs of New York.

HURT-511 operates in all boroughs of New York including all Bronx neighborhoods, namely: Bedford Park, Belmont, Fordham, Highbridge, Hunts Point, Jerome Park, Kingsbridge, Morris Park, Morrisania, Mott Haven, Parkchester, Riverdale, Spuyten Duyvil, Throgs Neck, University Heights and Woodlawn.

Driving In Bad Weather Conditions

At all times, drivers must exercise caution behind the wheel. This principle applies no matter what type of vehicle you are driving, no matter what day of the week, and no matter what time it is. Private citizens must also follow the rules of the road set forth by the city, county, and state within which the vehicle is being operated. 

Truck accidents in bad weather are often tied to negligence, especially when a driver does not react accordingly. Drivers should begin to slow down during the following weather conditions – snow, rain, ice, wet roads, reduced visibility due to fog. Further, drivers should slow down when approaching curves and travelling on uneven roads, gravel roads, or construction zones. Failing to drive safely during bad weather could force a truck driver to brake suddenly in order to come to a complete stop, for example. This activity could lead to a jackknife accident with another vehicle.

Accidents involving 18-wheelers can be complicated. These vehicles have become highly specialized in recent years, and drivers are supposed to go through proper training before being allowed to operate them on public roads. One such requirement is obtaining a valid Commercial Driver’s License (CDL).

In certain circumstances, special endorsements are required, such as for those who drive trucks with double trailers, triple trailers, tanks, trucks carrying hazardous materials, and passenger vehicles. Elevated standards are in place for commercial truck drivers because accidents involving them can produce catastrophic injuries like paralysis, brain trauma, spinal cord damage, and permanent scarring.

Big trucking companies know how much is at stake following a catastrophic accident. They are known to expend significant resources into defending such claims from the outset. If a victim cannot obtain the proof needed to establish liability, that person may end up uncompensated for medical bills, time off from work, and the cost of future surgeries and medical treatment. Thus, it is critical to conduct a thorough investigation.

Of course, the facts of a truck accident itself should be examined by obtaining the police report and reaching out to independent witnesses. However, it is necessary to dig deeper, and hiring an experienced truck accident attorney can go a long way in ensuring critical information is uncovered and identified.

At HURT-511, our personal injury lawyers help injured workers recover the benefits to which they are entitled by law. For a free consultation with an experienced workers’ compensation lawyer, call us toll-free at 800-4878-511 or complete our online form. Our firm handles accident and injury claims throughout all five boroughs of New York.

HURT-511 operates in all boroughs of New York including all Bronx neighborhoods, namely: Bedford Park, Belmont, Fordham, Highbridge, Hunts Point, Jerome Park, Kingsbridge, Morris Park, Morrisania, Mott Haven, Parkchester, Riverdale, Spuyten Duyvil, Throgs Neck, University Heights

Under-ride Automotive Accidents

An under-ride accident is when a car crashes into the rear or side of a semi-truck or tractor-trailer and ends up underneath. Trucking statistics show that over 200 people are killed in these types of wrecks each year. When a car slides underneath a trailer, sometimes the top of the vehicle is sheared off. If a victim is fortunate enough to survive the crash, that person may sustain serious and permanent injuries.

Many factors make big rigs dangerous to other drivers on the road. Trucks weigh much more than passenger vehicles, which makes braking slow. It may take 20 to 40 times longer for a big truck to come to a stop than a typical car. Large trucks cannot maneuver like smaller vehicles, and they have blind spots, even when they utilize mirrors. Drivers often work for many hours and drive long distances at a time, causing potential fatigue.

There may be multiple causes and contributing factors in large truck accidents. There are three main categories of accident causes, including human error, mechanical failure, and external conditions. The most common causes of accidents are human errors. These include such things as improper lane changes, speeding, tailgating, failure to yield, distracted driving, and impairment. Of these, distracted driving is one of the most common factors that contribute to all accidents, including big rig crashes.

Physical evidence from the truck and crash scene – A heavy-impact accident could cause disabling damage that requires the big rig to be towed to a local wrecking yard. After the accident, the trucking company could track down the vehicle and immediately pay to have it moved somewhere else or taken out of commission.

Before too much time passes, an attorney working on your behalf can send an investigator to inspect the vehicle and take necessary photos or measurements. The same can be said for the accident scene. An accident reconstruction expert can visit the scene, document the scene, take measurements, and look for skid marks and other physical evidence.

Trucking companies must maintain adequate records regarding employees hired. It is not difficult to imagine that some companies are more organized than others. A lawyer who gets involved in a case can immediately send a spoliation of evidence letter requesting that certain information be preserved, including the trucker’s application for employment, CDL, background check results from the hiring phase, complaint history, and mandatory drug and alcohol testing results.

At HURT-511, our personal injury lawyers help injured workers recover the benefits to which they are entitled by law. For a free consultation with an experienced workers’ compensation lawyer, call us toll-free at 800-4878-511 or complete our online form. Our firm handles accident and injury claims throughout all five boroughs of New York.

HURT-511 operates in all boroughs of New York including all Bronx neighborhoods, namely: Bedford Park, Belmont, Fordham, Highbridge, Hunts Point, Jerome Park, Kingsbridge, Morris Park, Morrisania, Mott Haven, Parkchester, Riverdale, Spuyten Duyvil, Throgs Neck, University Heights

Punitive Damages In Trucking Accidents

Truck crashes are among the most severe types of accidents. When a truck collides with a passenger vehicle, severe injuries and fatalities are common. When a truck driver or trucking company is negligent in a crash, they are responsible for all damages resulting from the collision. Your damages may include your medical expenses, money for pain and suffering, and reimbursement for lost wages. In New York, the law limits the amount of money you can recover in a personal injury case in a few situations.

Punitive damages are only awarded in cases where there was gross negligence. Punitive damages are meant to punish the offender and deter them from committing the action again in the future. In New York, the punitive damage award cannot exceed specific limitations. In general, the amount of punitive damages cannot be higher than two times the economic damages plus the amount of non-economic damages.

The total cannot exceed $750,000. In medical malpractice cases, you may sue for all your economic damages with a cap on non-economic damages. The total recoverable damages are $500,000. Claims against governmental entities have a limit of $100,000 per person and $300,000 in a single occurrence.

Every case is different and has a unique set of facts. Your attorney will review your accident to determine the best way to proceed. Many personal injury cases are settled before they go to trial. A truck accident attorney in Houston will work on your behalf to gather evidence and negotiate a fair settlement. Only if a settlement cannot be reached will the matter proceed to court.

After any motor vehicle accident involving a commercial truck, it is important to immediately begin taking steps to investigate the accident, prevent spoliation of evidence (including black box data and driving logs), interview witnesses, and identify all parties involved. Potential defendants in a truck accident case could include the driver, his or her employer, and either a parent company or subsidiary of the employer, depending on the facts conducting a thorough investigation will assist in developing the case and preparing a lawsuit, if necessary.

Accidents with big rigs often result in severe injuries to the other drivers and passengers. Some of the most common injuries include traumatic brain injuries, head and back injuries, whiplash, broken bones, cuts and bruises, burns, and puncture wounds. Some severe injuries may be life-threatening, and the recovery may be lengthy and painful. The driver or trucking company may be found negligent in causing the accident. If you were hurt due to the negligence of another, you might be entitled to compensation for your injuries. You may be owed money for your medical bills, lost wages, pain and suffering, and more.

At HURT-511, our personal injury lawyers help injured workers recover the benefits to which they are entitled by law. For a free consultation with an experienced workers’ compensation lawyer, call us toll-free at 800-4878-511 or complete our online form. Our firm handles accident and injury claims throughout all five boroughs of New York.

HURT-511 operates in all boroughs of New York including all Bronx neighborhoods, namely: Bedford Park, Belmont, Fordham, Highbridge, Hunts Point, Jerome Park, Kingsbridge, Morris Park, Morrisania, Mott Haven, Parkchester, Riverdale, Spuyten Duyvil, Throgs Neck, University Heights

Auto-Accidents FAQ

A car accident can be a very traumatic and often a life-altering experience for that leaves everyone involved, leaving its participants confused with many unanswered questions. If you have been in a car accident, either in a driver or a passenger capacity, call HURT-511 for a free consultation with any of our experienced automotive accident attorneys or read on for answers to the most common questions asked by car crash victims.

What should I do right after a car accident?

  • The urgency with which you proceed immediately after a car accident can and will affect how your claim is processed. The cardinal rule to remember is to never leave the scene of the accident if for no other reason than having to face criminal charges regardless of whether or not you were at fault.
  • The initial step is to call 911 if anyone involved in the accident has been hurt. Then call the police to the scene and file an accident report, but remember not to admit liability – that’ll be thoroughly investigated later. Get the names and contact information of everyone involved including all witnesses. Also, take as many picture of the scene, damage to all vehicles involved and bodily injuries as you can.

What information do I need to file a claim?

To successfully file a claim for a vehicular accident, it is imperative to gather as much information as possible, which usually includes

  • the contact information for everyone involved
  • the contact information for all witnesses
  • a thorough account of how the accident occurred,
  • photographs of the scene of and bodily injuries accident at the time of the accident

What to do if I was involved in a hit-and-run?

  • Just like you would in any other accident, first call the police to report being a victim of a hit-and-run, then collect the contact information of any witnesses, take photographs of the scene and seek medical attention.

What to do if the other driver is uninsured?

  • You can look for compensation from your insurance vendor under underinsured and uninsured motorist (UM or UIM) coverage policy. However, not every state requires the inclusion of UM or UIM in auto insurance policies, so the only remaining option may be filing a personal suit against the uninsured driver.

Note: UIM/UM coverage is usually very affordable and a reliable way to ensure your and your loved ones’ welling in the event of a serious accident.

At HURT-511, our personal injury lawyers help injured workers recover the benefits to which they are entitled by law. For a free consultation with an experienced workers’ compensation lawyer, call us toll-free at 800-4878-511 or complete our online form. Our firm handles accident and injury claims throughout all five boroughs of New York.

HURT-511 operates in all boroughs of New York including all Bronx neighborhoods, namely: Bedford Park, Belmont, Fordham, Highbridge, Hunts Point, Jerome Park, Kingsbridge, Morris Park, Morrisania, Mott Haven, Parkchester, Riverdale, Spuyten Duyvil, Throgs Neck, University Heights

Investigating Truck Accidents

Accidents involving 18-wheelers can be complicated. These vehicles have become highly specialized in recent years, and drivers are supposed to go through proper training before being allowed to operate them on public roads. One such requirement is obtaining a valid Commercial Driver’s License (CDL). In certain circumstances, special endorsements are required, such as for those who drive trucks with double trailers, triple trailers, tanks, trucks carrying hazardous materials, and passenger vehicles. Elevated standards are in place for commercial truck drivers because accidents involving them can produce catastrophic injuries like paralysis, brain trauma, spinal cord damage, and permanent scarring.

Big trucking companies know how much is at stake following a catastrophic accident. They are known to expend significant resources into defending such claims from the outset. If a victim cannot obtain the proof needed to establish liability, that person may end up uncompensated for medical bills, time off from work, and the cost of future surgeries and medical treatment. Thus, it is critical to conduct a thorough investigation.

Of course, the facts of a truck accident itself should be examined by obtaining the police report and reaching out to independent witnesses. However, it is necessary to dig deeper, and hiring an experienced truck accident attorney can go a long way in ensuring critical information is uncovered and identified. The following information could be revealed through an investigation and prove useful during the case:

Physical evidence from the truck and crash scene – A heavy-impact accident could cause disabling damage that requires the big rig to be towed to a local wrecking yard. After the accident, the trucking company could track down the vehicle and immediately pay to have it moved somewhere else or taken out of commission. Before too much time passes, an attorney working on your behalf can send an investigator to inspect the vehicle and take necessary photos or measurements. The same can be said for the accident scene. An accident reconstruction expert can visit the scene, document the scene, take measurements, and look for skid marks and other physical evidence.

The Federal Motor Carrier Safety Administration (FMCSA) requires interstate truck drivers to log their driving time via 49 CFR § 395.8. Drivers must list all stops made on their routes on a given trip. New laws allow this to be done electronically. Hours of service rules are in place to prevent truck driver fatigue, and analyzing a driver’s log could show that those rules were disregarded.

Trucking companies must maintain adequate records regarding employees hired. It is not difficult to imagine that some companies are more organized than others. A lawyer who gets involved in a case can immediately send a spoliation of evidence letter requesting that certain information be preserved, including the trucker’s application for employment, CDL, background check results from the hiring phase, complaint history, and mandatory drug and alcohol testing results.

Most refer to this as the truck’s “black box,” and most 18-wheelers will contain a “black box” or Electronic Control Module (ECM). This technology records data immediately before and during an accident. Time is of the essence in downloading and reviewing this data, as the time to conduct this inspection is before the truck is repaired or driven again. A qualified trucking expert can download this data and learn critical information about the truck’s speed, braking, and other contributing factors to the collision.

By thoroughly investigating an accident, you give yourself a much greater chance to recover full compensation for your vehicle damages and bodily injuries. At HURT-511, our personal injury lawyers help injured workers recover the benefits to which they are entitled by law. For a free consultation with an experienced workers’ compensation lawyer, call us toll-free at 800-4878-511 or complete our online form. Our firm handles accident and injury claims throughout all five boroughs of New York.

HURT-511 operates in all boroughs of New York including all Bronx neighborhoods, namely: Bedford Park, Belmont, Fordham, Highbridge, Hunts Point, Jerome Park, Kingsbridge, Morris Park, Morrisania, Mott Haven, Parkchester, Riverdale, Spuyten Duyvil, Throgs Neck, University Heights and Woodlawn.

Sharing the Road with Semitrucks

We hear about it almost every day, a crash involving a semitruck. On average, there is a large truck crash in New York more than 18 times per day according to recent statistics. Most people you talk to have a dreadful story to tell about an experience they have had with a semitruck on the highway and how they nearly avoided a serious accident or death by the carelessness of the truck driver.

Semitrucks often weigh in excess of 10,000 pounds. This means that injuries suffered when one hits you are much more critical than in a regular car accident. In 2017, 4,761 people were killed in crashes involving large trucks in the United States, according to National Center for Statistics and Analysis data. The National Highway Transportation Safety Administration says 72% of those who died in these crashes were in the other vehicles. These are scary statistics.

It is easy to blame untrained, inexperienced or fatigued semitruck drivers for these accidents. But in reality, many motorists simply are not aware of the possible dangers that occur when large and small vehicles share the road. While it is not possible to avoid sharing the road with semitrucks, there are things you can do to travel safer around these vehicles. What can you do to safely share the road with semitrucks?

Avoid blind spots Semitrucks have four large blind spots. These blind spot areas include: directly in front, directly behind and along each side — especially on the right side. A general rule of thumb is the larger the vehicle, the larger the blind spot. If you cannot see the driver’s face in his or her side mirror, he or she cannot see you either. Avoid driving in any of these blind spots at all times.

The largest blind spot is to the right of semitrucks. They can span multiple lanes. Therefore, always pass semitrucks on the left side. Always use your turn signal — they are there for a reason! Put your blinker on to let semitruck drivers know your intentions, even if no one is behind you. Take your time and do not rush the passing decision. Make sure that you have enough time to pass safely.

Do not cut a truck off and allow extra space It is very natural to want to get ahead of large semitrucks as soon as possible as they are often much slower moving. Keep in mind that you cannot do so in the same way you can a regular car. Large trucks and semis have worse visibility, and need extra space and time to turn, stop and slow down.

It takes a large truck 40% longer to stop than the average vehicle. Cutting directly in front of a truck puts you both at risk. Keep this in mind, wait until you can see both of the truck’s headlights in your rearview mirror before moving in front of a truck. Always maintain a safe distance and never tailgate. A safe following distance is a 10-car length gap.

Distracted driving is dangerous in any situation. However, it is an even more dangerous when trucks are involved. Do not text and drive or check your phone while the vehicle is moving. Accidents can be caused by things as simple as picking up an item that you dropped or reaching to grab something from the glovebox. Do not do anything, especially while around trucks, that causes you to take your hands off the wheel or eyes off the road. Remaining fully aware of what is going on around you is one or your best defenses to avoid accidents.

Accidents involving semitrucks can be very life-changing events. If your or a loved one is injured in an accident, hiring an experienced personal injury attorney to handle your case is key. Please contact the personal injury experts at Hupy and Abraham for a free, no-obligation consultation. At HURT-511, our personal injury lawyers help injured workers recover the benefits to which they are entitled by law. For a free consultation with an experienced workers’ compensation lawyer, call us toll-free at 800-4878-511 or complete our online form. Our firm handles accident and injury claims throughout all five boroughs of New York.

HURT-511 operates in all boroughs of New York including all Bronx neighborhoods, namely: Bedford Park, Belmont, Fordham, Highbridge, Hunts Point, Jerome Park, Kingsbridge, Morris Park, Morrisania, Mott Haven, Parkchester, Riverdale, Spuyten Duyvil, Throgs Neck, University Heights and Woodlawn.

Dangers of 18-Wheelers

Every day we share our roads with large commercial trucks. Houston is a hub for trucks that deliver goods across the country. Large trucks have a gross vehicle weight of 10,000 pounds or more, as defined by the Federal Motor Carrier Safety Administration (FMCSA). Many large 18-wheelers weigh as much as 80,000 pounds when filled with cargo, and easily outweigh passenger cars by 30 times. Large trucks are involved in an average of over 500,000 accidents a year across the country. Many of these accidents result in serious injuries or fatalities.

Many factors make big rigs dangerous to other drivers on the road. Trucks weigh much more than passenger vehicles, which makes braking slow. It may take 20 to 40 times longer for a big truck to come to a stop than a typical car. Large trucks cannot maneuver like smaller vehicles, and they have blind spots, even when they utilize mirrors. Drivers often work for many hours and drive long distances at a time, causing potential fatigue.

Fatigue can slow a driver’s response time considerably. Inexperienced drivers may have difficulty controlling a big loaded rig. Shifting cargo can make it impossible for a driver to stop a big rig from an accident. Some trucks carry hazardous materials that can spill or leak in an accident, creating a dangerous situation. Drivers that make mistakes or have judgment errors on the road can cause chain-reaction accidents.

There may be multiple causes and contributing factors in large truck accidents. There are three main categories of accident causes, including human error, mechanical failure, and external conditions. The most common causes of accidents are human errors. These include such things as improper lane changes, speeding, tailgating, failure to yield, distracted driving, and impairment. Of these, distracted driving is one of the most common factors that contribute to all accidents, including big rig crashes.

Distracted driving consists of a variety of actions such as eating or drinking, cell phone use, texting, and others. Truck drivers may be susceptible to distracted driving, especially when they travel for long periods on large highways. Drivers must adhere to laws that limit them to 11 hours of driving at a time. Mechanical failures can cause semi-truck crashes. The most common mechanical failures are brake malfunctions and tire blowouts. Road conditions such as heavy rain, fog, and road debris may make it more challenging to maneuver on the highway. Truck drivers must be especially careful to drive defensively and pay attention to other drivers and issues that could cause accidents.

Accidents with big rigs often result in severe injuries to the other drivers and passengers. Some of the most common injuries include traumatic brain injuries, head and back injuries, whiplash, broken bones, cuts and bruises, burns, and puncture wounds. Some severe injuries may be life-threatening, and the recovery may be lengthy and painful. The driver or trucking company may be found negligent in causing the accident. If you were hurt due to the negligence of another, you might be entitled to compensation for your injuries. You may be owed money for your medical bills, lost wages, pain and suffering, and more.

At HURT-511, our personal injury lawyers help injured workers recover the benefits to which they are entitled by law. For a free consultation with an experienced workers’ compensation lawyer, call us toll-free at 800-4878-511 or complete our online form. Our firm handles accident and injury claims throughout all five boroughs of New York.

HURT-511 operates in all boroughs of New York including all Bronx neighborhoods, namely: Bedford Park, Belmont, Fordham, Highbridge, Hunts Point, Jerome Park, Kingsbridge, Morris Park, Morrisania, Mott Haven, Parkchester, Riverdale, Spuyten Duyvil, Throgs Neck, University Heights and Woodlawn.

Monetary Limits in Truck Crashes

 

Truck crashes are among the most severe types of accidents. When a truck collides with a passenger vehicle, severe injuries and fatalities are common. When a truck driver or trucking company is negligent in a crash, they are responsible for all damages resulting from the collision. Your damages may include your medical expenses, money for pain and suffering, and reimbursement for lost wages. In New York, the law limits the amount of money you can recover in a personal injury case in a few situations.

Punitive damages are only awarded in cases where there was gross negligence. Punitive damages are meant to punish the offender and deter them from committing the action again in the future. In regular negligence cases, the negligent party is responsible for damages. Gross negligence means that the party’s actions were beyond negligent. Punitive damages are not associated with economic reimbursement for expenses such as medical costs or lost wages. Punitive damages are also called exemplary damages.

In New York, the punitive damage award cannot exceed specific limitations. In general, the amount of punitive damages cannot be higher than two times the economic damages plus the amount of non-economic damages. The total cannot exceed $750,000. In medical malpractice cases, you may sue for all your economic damages with a cap on non-economic damages. The total recoverable damages are $500,000. Claims against governmental entities have a limit of $100,000 per person and $300,000 in a single occurrence.

Punitive damage limits are in place to deter people from recklessly endangering the public and committing extremely dangerous acts. When you are hurt due to the negligence of someone else, litigation is warranted, and damages are limited to compensatory damages.

Compensatory damages for a trucking accident would include such things as mental anguish, pain and suffering, medical expenses, and disability or disfigurement. You are entitled to receive compensation for damages that happened to you because of the negligent act.

Every case is different and has a unique set of facts. Your attorney will review your accident to determine the best way to proceed. Many personal injury cases are settled before they go to trial. A truck accident attorney in Houston will work on your behalf to gather evidence and negotiate a fair settlement. Only if a settlement cannot be reached will the matter proceed to court.

Your lawyer will work to get you the compensation you need for your economic and non-economic damages as well as provide proof of gross negligence where it applies. Injuries from truck accidents can be severe, and recovery can be a lengthy, ongoing process.

There may be information available to prove that the driver was grossly negligent or that the trucking company was extremely careless. Gross negligence in an 18 wheeler accident could be not correctly inspecting or maintaining their fleet when the dangerous condition was known and played a role in the crash.

At HURT-511, our personal injury lawyers help injured workers recover the benefits to which they are entitled by law. For a free consultation with an experienced workers’ compensation lawyer, call us toll-free at 800-4878-511 or complete our online form. Our firm handles accident and injury claims throughout all five boroughs of New York.

HURT-511 operates in all boroughs of New York including all Bronx neighborhoods, namely: Bedford Park, Belmont, Fordham, Highbridge, Hunts Point, Jerome Park, Kingsbridge, Morris Park, Morrisania, Mott Haven, Parkchester, Riverdale, Spuyten Duyvil, Throgs Neck, University Heights and Woodlawn.

How Intoxication Affects Truckers

A truck driver was arrested in late March 2017 after driving from the Bronx to Long Island in New York under the influence of cocaine, LSD, and crystal methamphetamine. The driver was caught by police outside of his truck at a gas station. Police noticed he was locked out of the truck, acting combative, and showing signs of drug use. He then admitted to police that he had used drugs. Police subsequently arrested the trucker.

All states, including New York, have laws prohibiting driving under the influence of alcohol or illegal drugs. The laws apply to all drivers, whether driving on the job or for personal use. In addition to state laws, commercial truck drivers must follow federal regulations adopted by the Federal Motor Carrier Safety Administration (FMCSA).

These rules expressly prohibit driving while intoxicated. They also address prescription medication. For example, a driver cannot take a controlled substance or prescription medication without a prescription written by a licensed doctor or medical practitioner. There are certain medications that will prohibit a driver from being able to operate a truck under any circumstance.

After a truck or 18 wheeler crash, truck drivers may be subject to drug testing. Local law enforcement, including the police, sheriff’s department, or highway patrol, may decide to conduct its own drug testing of the defendant. Truckers believed to be under the influence of alcohol or another drug may be arrested at the scene and face criminal charges for their actions. There may be a criminal investigation before the District Attorney formally brings charges in criminal court.

Negligent truckers may also face civil liability in a truck accident case if they injure another driver, passenger, or pedestrian in the accident. While criminal and civil charges are separate, information in the criminal case file can be useful in civil court. This information includes the police report, witness statements, the defendant truck driver’s toxicology report, and any arrest affidavits.

While an alcohol toxicology report may be easy to interpret by looking at the driver’s blood alcohol content (BAC) level, intoxication levels of other drugs that test positive may be more difficult to interpret. In those cases, it may be necessary to retain a toxicologist as an expert witness. Toxicology experts can review drug test results in detail and testify to the defendant’s level of intoxication at the time of the truck accident.

Research shows it is not uncommon at all for a truck driver to be under the influence of alcohol, stimulants, or other medication behind the wheel. Some truckers take stimulants to stay awake behind the wheel, especially during long shifts. Stimulants most often consumed for this reason are alcohol, amphetamines, cannabis, and cocaine, per a study published in 2015. Research further indicates that when under the influence, commercial truck drivers are more likely to fall asleep or take unnecessary risks on the road. Both of these lead to an increase in car accidents.

Medication usage can be dangerous if a trucker is in poor health.  In a 2017 study published by the University of Utah Health Sciences, researchers found that poor health of trucker drivers directly contributed to truck accidents.  Medical conditions linked to poor driving performance include heart disease, low back pain, and diabetes.

Drivers with multiple conditions like these will see their risk of getting into an accident noticeably increase. Per the study, truck drivers are susceptible to developing poor health because they sit for long periods of time while driving, have trouble finding nutritious meals while out on the road, and deal with less than ideal sleeping conditions.

At HURT-511, our personal injury lawyers help injured workers recover the benefits to which they are entitled by law. For a free consultation with an experienced workers’ compensation lawyer, call us toll-free at 800-4878-511 or complete our online form. Our firm handles accident and injury claims throughout all five boroughs of New York.

HURT-511 operates in all boroughs of New York including all Bronx neighborhoods, namely: Bedford Park, Belmont, Fordham, Highbridge, Hunts Point, Jerome Park, Kingsbridge, Morris Park, Morrisania, Mott Haven, Parkchester, Riverdale, Spuyten Duyvil, Throgs Neck, University Heights and Woodlawn.

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Stephanie De La Cruz
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I was an UBER passenger and the car got rear-ended by a utility van. I called 1-800-HURT-511 since a friend dealt with them before and I was glad I did. My attorney was extremely professional and aggressive when necessary. He was transparent from the start and didn’t complicate things unnecessarily.

Stephanie De La Cruz

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Serious team effort from the entire staff to get my work injury case resolved quickly. They built a strong case and kept me in the loop for the duration. This team also delivered on two previous occasions and did it in a very cost-effective way. A faithful customer for life thank you!

Jordan Barnes

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I highly recommend HURT-511! When the insurance companies turned me away after a scary scooter accident that nearly killed me, a lawyer at HURT-511 stayed and fought for me and recovered the entire policy! Their staff is well-informed and always available to answer my questions. They treated me like one of their own and I made the right decision to stick with them. Thank you so much!

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    104-70 Queens Blvd., #501
    Forest Hills NY 11375

  • BRONX OFFICE

    2932 Wilkinson Ave,
    The Bronx NY 10461

  • BROOKLYN OFFICE

    1733 Sheepshead Bay Rd, Suite 43
    Brooklyn NY 11235

  • LONG ISLAND OFFICE

    100 Herricks Road,
    Mineola NY 11501

    100 Garden City Plaza, Suite 500
    Garden City NY 11530

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