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Truck Accidents Due to Driver Exhaustion

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Bronx Attorneys Fighting for Injured Victims of Motor Vehicle Collisions

Truck driving is hard work. Drivers spend endless hours behind the wheel, vacillating between the boredom of being alone in a confined space for most of their workday and the frustration of dealing with traffic jams, construction, and poor weather. While any job can leave a worker fatigued, a truck driver’s exhaustion can put others at an especially high risk of harm. At Jesse Minc Personal Injury Law, our Bronx truck accident lawyers have seen the issue of fatigue-related trucking accidents grow to staggering levels in recent years. Working together with accident reconstructionists and industry professionals, we have been successful in proving liability and winning fair compensation for many people injured in and around New York City due to truck driver exhaustion. We recognize the importance of following state and federal laws regarding rest periods, maximum work hours, and other important safety principles.

Truck Accidents Due to Driver Exhaustion Can Cause Serious Injuries

The issue of driver fatigue among truckers is so prevalent that it has been addressed directly by the Federal Motor Carrier Safety Administration, as well as by the state of New York. While it is common sense to get enough sleep before getting behind the wheel and avoid medication that may induce drowsiness, federal and state rules and regulations are much more specific and can be used as a basis for truck accident liability if violations are proven. Commercial motor vehicle operators must comply with hours of service laws that limit the amount of time that a driver may spend behind the wheel during a given time period and the amount of time that is required for mandatory rest between shifts.

Not every trucker follows these regulations or other special rules for truckers, of course, and many trucking companies either ignore the law or give their drivers incentives to violate important rules aimed at protecting public safety. Professional truck drivers who break hours of service rules can be held liable for the harm caused to an accident victim if the trucker’s fatigue contributed to the crash in which the victim sustained injuries. Through the doctrine of respondeat superior, moreover, the truck driver’s employer can also be held liable in a negligence lawsuit brought by an injured motorist (or passenger) in many instances. This requires proving that the driver was an employee of the company and was on the job when the accident happened.

Additionally, a trucking company may be held liable for its own negligence in situations in which the company acted in a way that was not reasonably prudent under the circumstances. This can happen when a company encourages drivers to falsify the logbooks that record their time behind the wheel, when a company fails to discipline drivers whom it knows to have falsified their logbooks, or fails to properly screen its truck drivers who may have a history of violating these important trucking safety rules.

Regardless of whether an action is brought against the driver of the truck, the trucking company that employed the driver, or both, the New York statute of limitations for personal injury or wrongful death claims must be carefully heeded, or an accident victim risks the dismissal of their case on procedural grounds. Generally, truck accident statutes of limitation are three years from the date of the truck accident. Wrongful death claims have a substantially shorter statute of limitations than normal personal injury claims in New York, and require that an action be started within two years of the truck accident that caused the death of the victim.

In determining the amount of compensation to which the victim may be entitled, there are several considerations, including the nature and extent of their injuries, the amount of medical expenses that are reasonable and necessary in order to treat their injuries, any loss of wages or benefits (such as social security or health insurance benefits) caused by the accident, and the victim’s pain and suffering, disfigurement, and disability resulting from the crash. Punitive damages sometimes are available, but only in cases in which the defendant’s conduct was especially egregious and exhibited a pattern of careless and reckless conduct that subjected the public to undue risks of harm.

Seek Guidance from a Truck Accident Lawyer in the Bronx

At Jesse Minc Personal Injury Law, we represent victims of semi-truck accidents and other accidents involving commercial vehicles and help them obtain full and fair compensation for all aspects of their injuries. Our clients come from throughout New York City, including the Bronx, Brooklyn, Queens, and Manhattan, as well as Nassau, Suffolk, and Westchester Counties. We offer a free, confidential case evaluation with a no-fee guarantee: You do not owe us one cent of fees or expenses unless we win your case. Call us at (718) 354-8000 or contact us online to schedule your free consultation. We have many years of experience handling the issues that arise in truck accident cases, including with respect to insurance issues, spoliation and destruction of evidence by negligent trucking companies, and identifying all of the appropriate defendants who were responsible for a truck accident

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Eric JonesEric Jones
22:43 22 Mar 23
Jesse Minc is the best personal injury law attorney I have ever worked with. From our first meeting, he explained everything to me in terms I could easily understand and was always very responsive when I had questions outside of our meetings. Jesse Minc exceeded all of my expectations. Once the case settled I was very very happy and surprised at the settlement amount Jesse was able to get for me. I can now live knowing my future is set.If anyone is looking for a great, smart, knowledgeable attorney please go to Jesse Minc
Sarah WeissSarah Weiss
13:52 17 Mar 22
I can't recommend Jesse enough. He made a difficult process so seamless. He was extremely caring, knowledgeable, diligent and forthcoming throughout this journey for me. I will be recommending him to all my friends and family if they are ever in need.
Chloe HarligChloe Harlig
22:05 16 Sep 21
You never imagine that you'll need to find a personal injury attorney – there are so many options out there and the process can be overwhelming. Jesse was the obvious choice for me as he approaches every situation with empathy, optimism, and reassurance. His clear communication style made me feel knowledge about the process and his perseverance resulted in a successful case. I can't recommend Jesse enough and while I hope I'll never need his services again, he's the only person I'll recommend to friends and family.
Xavier BasabeXavier Basabe
23:36 11 Jun 20
When you are in financial distress and physical pain it is difficult to think clearly and make good decisions . That, in addition to not understanding a legal process complicates matters even more. Jesse Minc explained the law, outlined in clear language the steps in the process that where needed to be done. He was reassuring, articulate, knowable and effective. Jesse made the process so much easier and gave me peace of mind in a stressful time. Jesse Minc and his firm tried my case to a verdict and negotiated a successful settlement for me and my wife. He is “The best of the best.” I am grateful to him and his father Dan for all they did.
alex malex m
01:36 16 Jan 19
Excellent lawyers they helped me alot with my case i really recommend this firm. Thanks to Jessy minc and his team for helping me.
Donna SantiagoDonna Santiago
17:29 20 Dec 17
Jesse Minc is a wonderful and professional attorney who does outstanding work. Jesse worked with me in the beginning of my case which I won and also finished my case which I won. I can’t be happier to have had him because he knows his job well. He goes above and beyond for you and I couldn’t be happier. Jesse I just want to say thank you so much for all your hard work and getting me the money I deserve. I will highly recommend you to anyone who needs an attorney. Thank you once again.
WENDY IlboudoWENDY Ilboudo
14:12 01 Jun 17
Jesse Minc is very professional and trustworthy. I met few bad lawyers before getting to know him and I wish I have known him before. Jesse went above and beyond to fight for me, and I highly recommend him. As a nurse and a professional in human, I will tell you that Jesse has a strong and one personality, he cares for his clients. If you give him your case, he will make it his. He will communicate with you and keep you updated at all times. His good communication skills add a lot of values to his professionalism, and that makes him the best lawyer in New York. I will always go back to Jesse. Thank you so much because you replace my tears into joy and put back a smile on my lips and face.Jessy is #1.Because of you I'm happy again. God bless Jesse Mink.
Eric LeventhalEric Leventhal
16:19 15 Jun 16
Although Jesse Minc has never personally assisted me as my attorney, I have known Jesse Minc professionally for several years and would strongly recommend him to anyone whose fortunes have sadly left them in need of a principled, zealous personal injury or medical malpractice attorney. Jesse is honest, warm, kind and open-minded, and it's easy to see why so many clients place their trust in him. As a courtroom advocate, Jesse is confident, sincere and persuasive, and a true warrior for legal justice. I hope I never need to use him, but if I ever do, I'm certain Jesse Minc would be my pick.
Adam GreensteinAdam Greenstein
13:35 15 Jun 16
Simpy put, Jesse is a an amazing lawyer, and I am very grateful to have met him. He will do everything within his power to advocate on your behalf. I was impressed by how thorough and responsive he was throughout my case. He helped explained everything to me, he was patient, and he truly cared. I would recommend Mr. Minc to anybody who needs a personal injury lawyer.
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