Rosenbaum & Rosenbaum, P.C. | December 28, 2018 | Truck Accidents
The pressure to perform well at work is very real. Yet while you might feel it in your job, you may not automatically assign it to other professions in New York. Yet practitioners in all fields (including jobs that impact you both directly and indirectly) often feel compelled to do all that they can to please their employers (even pushing themselves and their resources beyond reasonable safety limits).
Take truck drivers, for example. Their performance is gauged on their ability to be reliable in the completion of their routes. Part of that is making deliveries in a timely manner. Sometimes speeding may be required to do that. Yet when a speeding truck driver hits you, then you may justly want to know why they would engage in such an action. Semi-trucks are already difficult enough to control due to their massive size; throwing excessive speed into the mix may only make them more dangerous.
The question then becomes why was the trucker speeding? If it was to make up for time lost due to their own errors (e.g., getting a late start, having to stop and reposition improperly placed freight), then the issue of liability is clear. Yet what if they felt pressured to do so?
Motor carriers may have every incentive to look the other way when their drivers are speeding (or to openly encourage such action), as faster trucks equates to faster deliveries. Yet their policies cannot endanger you and other motorists on the road. Indeed, Section 392.6 of the Code of Federal Regulations states that motor carriers’ transport policies must comply with the posted speed limits in the areas through which their trucks travel. Directly or indirectly encouraging speeding (such as guaranteeing delivery times that would require drivers to speed) opens them up to liability.