On Monday, June 8, Route 3 west through Rutherford, New Jersey was closed for hours for the investigation of a tractor trailer accident that has killed a New York resident. The accident occurred when a truck carrying a large shipping container on a flatbed miscalculated the clearance of the West Orient Way overpass, and struck the overpass. The shipping container flew off of the flatbed trailer as a result of its impact with the overpass, spinning out of control and striking the car of James Hart III, 39, of Bronxville, New York. Hart’s car was crushed.

Fitness of Commercial Drivers Regulated

State and federal laws aim for strict regulation of commercial motor vehicles in an effort to keep highways and other roads safe and prevent tragic accidents like this one. Many regulations govern employers’ determinations of the fitness of commercial drivers in general, and heavily regulate the safety practices that employers must follow when engaging in transportation services involving the use of commercial motor vehicles. For example, under 49 CFR 395, limitations cap how many hours a commercial driver is allowed to spend operating a commercial vehicle without breaks. This federal law also dictates specific requirements for special circumstances such as difficult driving conditions and emergencies. Federal regulations also govern how many hours must be taken off in between lengths of driving time. Under 49 CFR 40 and 49 CFR 382, drug and alcohol testing of commercial drivers is also required. 49 CFR 380 further dictates that employers must follow certain guidelines in order to properly train the commercial drivers who work for them. Carriers are also required to follow certain safety fitness procedures under 49 CFR 385, and must be able to show that they have adequate safety rules and procedures in place. Although it is unclear in this case whether the driver or the carrier for whom he worked had violated any of these applicable laws, it is all too common in today’s business world for carriers and drivers to cut corners on applicable safety rule and regulations, which can often result in tragedies like this unfortunate accident and untimely death.

New Jersey Accident Lawyer

Although no price can fully compensate for the severe injuries or loss of life that all too often result from trucking accidents, our skilled attorneys can assist you in navigating the legal process to make sure you receive the damages you are entitled to in such tragic cases. If you or a loved one have been injured or killed as the result of a trucking accident, please call us to discuss your options for seeking damages to compensate for your loss or injury.