Suing for Truck Accidents in New York
Everyone knows how devastating a truck accident can be. Unfortunately, you can do everything right and still have something go wrong. In the year 2014, there were over 11,000 reported truck accidents in the state of New York alone. Do you know who to pursue legal action against after a truck accident?
Commercial Trucking Companies
Many people believe that a truck accident is the same thing as a car accident. Because of this, your first instinct may be to sue the trucker. However, a truck accident claim is very 
different from a standard auto accident claim. If you are involved in a truck accident, then you will likely need to bring your case against a trucking company. Such cases can feel overwhelming, especially for those without a full and comprehensive understanding of the law. Working with an experienced New York truck accident lawyer can help.
Truck Accidents and New York Law
Still, truck accidents and car accidents do share some similarities. Both trucks and cars are subject to New York Vehicle & Traffic Law, more commonly known as the “rules of the road.” However, commercial trucks are also subject to the Federal Motor Carrier Safety Regulations (FMCSR). These regulations were adopted and codified in New York under Title 17, Section 820, and they apply to commercial drivers and their employers.
Among other things, the FMCSR requires commercial drivers to have eight days of prior logs available in the truck at all times, be properly licensed, and pass a physical exam. Furthermore, the FMCSR requires employers to perform an annual review of their drivers’ driving records and violations. They must also closely monitor and record the number of hours driven by their employees. Additionally, the FMCSR includes strict truck-maintenance, load-weight, and load-securing requirements.
Truckers and the trucking industry as a whole are subjected to more stringent laws than other drivers precisely because truck accidents are so dangerous. According to the Insurance Institute for Highway Safety (IIHS), trucks generally weigh 20 to 30 times more than passenger vehicles. They are also taller and have more ground clearance than passenger vehicles, making it easy for trucks to overpower anything in their path. The IIHS estimates that 68 percent of truck accident-related casualties in 2017 were passenger vehicle occupants—in stark contrast to truck occupants making up 17 percent of the deaths. Additionally, 97 percent of fatalities in two-vehicle crashes involving a passenger vehicle and a large truck were passenger vehicle occupants. Large truck crashes also accounted for 11 percent of all motor vehicle crash deaths in the year 2017.
Seeking Legal Help
Were you or a loved one recently injured in a truck accident? We at Gattuso & Ciottoli, PLLC may be able to help. Contact us today to schedule a free consultation with one of our experienced New York truck accident attorneys. We draw on over 50 years of combined legal experience to serve personal injury victims as best we can. We proudly serve the Central New York area, including Syracuse, Syracuse, Watertown, Binghamton, North Syracuse, Camillus, Liverpool, Cortland, and Auburn. Contact us at (315) 314-8000 for a free consultation.