Trucks, rigs, buses, and other commercial carriers are all subject not only to state specific trucking laws but must also abide by federal FMSCA (Federal Motor Carrier Safety Administration) laws. The reason behind this is not very complicated.
It is simply because while large motor vehicles do payload hauling work, they are also potentially fatal if involved in an accident, which is why safety is the highest priority in trucking operations. These laws are designed and enforced to ensure that trucking operations are carried out as per the safety guidelines of the FMSCA.
Anyone involved in a Syracuse truck accident or any other city in New York, and who seeks compensation for damages, both economic and non-economic, ought to consult an extraordinary truck accident lawyer as soon as possible. Using the sight below, that is not that difficult to do.If you need your home painted, you call a painter. If you need electrical help, you call an electrician. If you are in a truck accident or a victim of one in the Syracuse region, you need a Syracuse truck accident lawyer on your side. This is your link: http://accident.usattorneys.com/new-york/.
Truck accidents cases and the theories of liability
It takes a lot of fact finding and groundwork to determine who is liable for a truck accident and the corresponding damages. Laws surrounding issues of liability are extensive and this makes it even more necessary for victims to work with a golden Syracuse, New York truck accident lawyer.
Gathering evidence and proving fault is much tougher than regular accidents involving smaller vehicles, which is best left in the hands of a legal representative with extensive knowledge of the trucking industry and laws.
According to Syracuse, NY truck accident attorneys, to determine if the trucking company is responsible for the actions of its employee (company driver), the jury or judge consider whether the employee was acting within or outside his scope of work and whether his actions were in furtherance to the interests of the company. For instance, if a truck driver was hauling a payload for the company and caused a rear accident because he failed to be vigilant, then the company is responsible.
On the other hand, if the driver picked up a hitch hiker and then proceeded to sexually assault the hitchhiker, the company would not be responsible since these actions do not benefit the company in any manner or form. In the case of passenger carriers it is different, as passenger carriers are responsible for the protection of their passengers.
It is common for truck owners to lease out their vehicle and sometimes their drivers to other private entities for business. However, FMSCA laws dictate that even though the rig was leased out to another company, the owner company should still maintain exclusive possession, control and use over the rig. Therefore, the owner company can and will be held responsible for an accident caused by a negligent leased truck driver and they will also have to pay in full for the damages therein caused.
Employer liability and lease liability are only a few of the common liability issues. There are several more such as negligent hiring, actions against insurers for negligent hiring, broker liability, negligent inspection (repair/service issues), and liability for violating FMSCA laws.
Some of the others include shipper liability, driver fatigue issues, driver licensing violations, destruction of evidence, and liability for punitive damages. As evident, the laws are vast and having a good New York truck accident lawyer to help is the only way to ensure that issues of liability are handled properly no matter how simple or complex your case may be.
There is a whole new reason you may want to, or even must, seek legal help. You may be eligible for worker’s compensation. There is more information on this digital resource center: http://workers-compensation.usattorneys.com/new-york/.