Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf is a New York Plaintiff's personal injury law firm specializing in automobile accidents, construction accidents, medical malpractice, products liability, police misconduct and all types of New York personal injury litigation.

Articles Posted in Truck Accidents

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If a car, a motorcycle or a small truck is defective, the manufacturer has to initiate a recall campaign to correct the defect by repairing or replacing the vehicle or by offering a refund to the consumer. Despite the manufacturer’s efforts, recall campaigns are not always successful especially when the cars, motorcycles and trucks being recalled are older and are likely to have been resold at least once. Too many vehicles owners are not aware of recalls and continue to drive unrepaired cars, trucks or motorcycles unknowingly exposing themselves, their passengers and other road users to potential accidents, damages or injuries.

Starting next year every owner or potential buyer of a car, a motorcycle or a small truck will be able to check if all recalls related to their vehicle were addressed. The U.S. Department of Transportation’s National Highway Traffic Safety Administration (NHTSA) just announced its plans to require automakers and motorcycle manufacturers to provide consumers with a free online tool that will enable them to search recall information by Vehicle Identification Number (VIN). Consumers will be able to instantly check if their vehicle is safe and address any defect related issue if necessary.

This new measure is a step ahead to protect consumers from the harm and property damage that can be caused by a vehicle with a serious safety defect.

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One passenger died, five passengers suffered severe injury and 10 including the bus driver suffered minor injuries in this horrible collision between a school bus and a truck that happened near Chesterfield in New Jersey in February 2012. Last week the National Transportation safety Board released a synopsis from the Safety Board’s report that shows negligence by the school bus driver, the commercial license medical examiner, the truck driver, the truck company and the truck manufacturer.

According to the report the crash was due to the school bus driver failing to see the truck approaching the intersection. The bus driver was suffering from sleep deprivation because of a medical condition and alcohol use. He also was using prescription medication with a sedative effect. The school bus driver lied about his medical history when getting his commercial drivers license and the medical examiner did not thoroughly evaluate the school bus driver for medical conditions that could have disqualified him from becoming a school bus driver.

The truck was overloaded, had a deficient braking system and the truck driver was speeding.

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truck%20inspection.jpgTo prevent truck accidents and protect public safety, truck drivers are required by law to conduct pre and post trip inspections and to file a Driver Vehicle Inspection Report (DVIR) after each inspection whether or not an issue requiring repairs is identified. The US Department of Transportation wants to change this rule and have truck drivers required to file a DVIR only if a defect or issue is found during the inspection.

DVIRs are daily lengthy paperwork for truck drivers and only 5% of them are reporting an issue. The Obama administration believes that a defect-only reporting system may lead to $1.7 billion in savings annually while not adversely impacting safety.

What do you think? Would truck drivers continue to diligently inspect their truck before and after a trip if they wouldn’t have to file a report or would this new proposal open the door to negligent behavior and increase truck accidents?

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Reducing the number of truck and bus accidents related to driver fatigue is one of the priorities of the U.S. Department of Transportation’s Federal Motor Carrier Safety Administration (FMCSA).

After launching new hours-of-service rules at the begining of the month, Anne S. Ferro, Administrator of the FMCSA joined forces with Lisa Raitt, the Canadian Minister of Transport to announce the launch of the The North American Fatigue Management Program (NAFMP). The NAFMP is a comprehensive interactive program for commercial truck and bus drivers, their spouse and family as well as motor carrier executives and managers, safety managers and trainers, dispatchers and drivers managers, freight shippers and receivers.

The program aims at developing a corporate culture that facilitates reduced driver fatigue and at providing fatigue management education, information on sleep disorders screening and treatment, driver and trip scheduling as well as fatigue management technologies.

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Last Monday a woman died when she was struck by a truck and fell underneath the rear wheels of the tractor-trailer as it was turning onto onto Prospect Expressway in Kensington, Broolyn, New York. The intersection that once again proved to be very dangerous for pedestrians has been waiting for New York Department of Transportation to install a pedestrian island on Ocean Parkway near Church Ave at the entrance of the expressway.

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A 68 year old man was riding his bike on Sixth Ave in Bay Ridge, Brooklyn, New York when he was hit by a truck. After the accident, the driver stepped out of his truck and looked around and drove away from the scene leaving the victim to die according to the New York Daily News. The driver told the police that he didn’t know that he hit anyone and that he had stopped to ask directions.

Brooklyn is New York’s deadliest place for fatal traffic accidents. In 2011 (most recent statistics available), 79 people died in car crashes in Brooklyn compared to 45 in Manhattan, 65 in the Bronx and 67 in Queens.

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In an Upstate New York truck accident that happened several days ago, a trailer disconnected from the rig that was pulling it and crashed into a minivan killing 7. Investigation will determine if the cause of the accident was mechanical failure or driver action.

According to the Federal Motor Carrier Safety Administration, mechanical failures are the cause of only 1% of fatal accidents involving large trucks and among mechanical failures, the truck’s couplings, hitches or chains are the cause of 1 in a thousand fatal accidents.

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In New York City, some 70,000 motor vehicle crashes are reported every year and among them 250 are fatal crashes, 3000 crashes lead to serious personal injury . 10,000 crashes involved pedestrians struck by a car or another vehicle such as a bus or a truck.

Slow%20Zone.jpgIn order to reduce the frequency and the severity of these crashes the New York City Department of Transport has been running a Community based Neighborhood Slow Zone Program. Last year a dozen neighborhoods in the city had their application accepted and a speed limit of 20 mph with signage, gateways as well as speed bumps is being implemented this year. New Applications can now be filed by communities until the end of this month.

Many cities in Europe are already running this type of program. In London Slow Zone program saw a reduction a more that 40 % of fatal and severe injury crashes and the average speed in theses area will now be reduced to 9 mph. In the Netherlands crashes dropped by 25% in slow zones and in Barcelona by 27%. Similar results are expected in New York City’s newly created Slow Zones.

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Car accidents as well as truck and bus accidents, are a common cause of cervical disc herniation especially those during which an abrupt change of speed ocurrs. Seat belts and airbags in cars are designed to prevent this type of personal injury. During a vehicle collision, the weight of the head being moved quickly or violently forward and/or backward produces tremendous pressure on the cervical vertebrae (neck) and can cause the disc to bulge or herniate.

Basically each intervertebral disc has two parts, the annulus fibrosus and the nucleus pulposus. The annulus fibrosus is made up of layers of fibrous tissue. It surrounds the nucleus pulposus and serves as a retaining sheath of dense fibrous tissue which keep the nucleus under pressure. The nucleus pulposus which is retained within the annulus fibrosus has a mucoid character and consistency similar to grissle and acts like a fluid. Herniation occurs when the nucleus pulposus protrudes or ruptures through the surrounding annulus fibrosus.

In this video, Dr Nabil Ebraheim, Professor and Chair of Orthopedic Surgery at The University of Toledo, explains what a disc herniation is and how it affects other parts of the upper body.