Commercial vehicles are a regular part of traffic in Astoria. Delivery trucks, box trucks, work vehicles, tractor-trailers, and other large vehicles share neighborhood streets with cars, cyclists, and pedestrians. When one of these vehicles causes a collision, the claim can become more complicated than a typical crash between two passenger cars.
Poltielov Law Firm P.C. represents people injured in commercial vehicle collisions in Astoria and throughout Queens. We investigate the driver, company, vehicle, insurance coverage, and other factors that may have contributed to the crash.
If you were injured, call 718-880-2911 for a free consultation with an Astoria truck accident lawyer.
Commercial Vehicles Create Different Risks on Astoria Streets
Large commercial vehicles need more room to turn, stop, and move safely through traffic. That can create problems on busy neighborhood streets where trucks must operate alongside parked cars, pedestrians, cyclists, and other vehicles.
Areas around Astoria Boulevard, Steinway Street, and connections to the Grand Central Parkway can involve very different traffic conditions. A commercial driver may move between major routes and tighter local streets during the same trip.
The size of the vehicle is only one factor in a collision. Driver behavior, visibility, traffic conditions, vehicle maintenance, loading, and the reason the vehicle was on the road can all become relevant during an investigation.
Delivery and Box Truck Crashes May Involve an Employer
Not every commercial vehicle collision involves a tractor-trailer. Delivery vans, box trucks, utility vehicles, moving trucks, and other work vehicles can cause serious injuries as well.
One important question is whether the driver was working when the collision occurred. Depending on the circumstances, an employer or business may have legal responsibility in addition to the individual driver.
Records can help determine what the driver was doing at the time. Delivery information, work schedules, company records, electronic data, and other evidence may help establish the relationship between the driver and business.
Rear-End Truck Collisions Require a Closer Look
Being struck from behind by a large commercial vehicle can cause significant injuries even when the vehicles do not appear heavily damaged afterward. The force involved and differences in vehicle size can affect the people inside the smaller vehicle.
A detailed investigation may examine the driver’s speed, following distance, attention, braking, and reaction before impact. Distracted driving, fatigue, or other forms of negligence may also need to be considered.
Evidence from the vehicles and accident scene can help explain how the collision happened. Photographs, video, witness statements, vehicle damage, roadway evidence, and available electronic information can all become useful.
Truck Accident Claims Can Involve More Than One Party
Determining fault does not always end with the person behind the wheel. Depending on the type of commercial vehicle and how it was being operated, other parties may need to be investigated.
A business or trucking company may be responsible for its own conduct involving hiring, supervision, maintenance, or other aspects of the vehicle’s operation. Maintenance providers, contractors, vehicle owners, or other companies could also become relevant depending on the facts.
Identifying the parties involved can also help determine which insurance policies may apply. This is one reason a commercial vehicle claim can follow a different process from an ordinary passenger-car case.
Evidence Controlled by a Company May Need to Be Preserved
Some of the most useful evidence after a commercial vehicle collision may not be in the injured person’s possession. A business or trucking company may control records concerning the driver, vehicle, route, maintenance, or work being performed.
Depending on the vehicle and company, evidence could include driver qualification records, maintenance and inspection records, electronic vehicle data, employment records, dispatch information, or other company documents.
Some records and electronic information may not remain available indefinitely. When appropriate, legal steps can be taken to request that potentially relevant evidence be preserved while the claim is investigated.
Mechanical Problems Can Contribute to a Collision
Driver error is not the only possible cause of a commercial vehicle crash. Mechanical failures involving brakes, tires, steering, lights, or other vehicle systems can contribute to a collision.
Maintenance and inspection records can help determine whether a problem had previously been identified. They may also show when the vehicle was last serviced and what work was performed.
If a mechanical issue played a role, the investigation may extend beyond the driver. The vehicle owner, employer, maintenance provider, or another party may need to be examined depending on who had responsibility for keeping the vehicle safe.
Federal Trucking Rules May Apply to Some Commercial Vehicles
Certain commercial carriers and drivers are subject to federal safety regulations. Depending on the vehicle and operation involved, these rules can address issues such as driver qualifications, hours of service, inspections, maintenance, and recordkeeping.
Not every delivery truck or commercial vehicle operating in Astoria is governed by the same federal requirements. The type of vehicle, its use, and the company operating it must be considered before determining which rules apply.
Our broader Queens truck accident lawyer page explains commercial trucking issues in greater detail. For an individual collision, the investigation should focus on the regulations and evidence that actually apply to that vehicle and driver.
The Accident Scene Can Provide Important Evidence
If it is safe to do so, photographs and video after a collision can preserve information that disappears once vehicles are moved and traffic resumes. Document the vehicles, damage, roadway, traffic controls, debris, skid marks, and surrounding conditions.
Witness information can also be valuable. A person who saw the collision may remember the movement of the vehicles, traffic signal, driver’s actions, or other details that are difficult to establish later.
Police reports can provide additional information, but they are only one part of the evidence. Vehicle records, medical documentation, photographs, video, witness accounts, and company information may all contribute to determining what happened.
Insurance Companies May Dispute the Value of a Claim
Commercial vehicle claims can involve insurance policies different from those found in ordinary passenger-car crashes. In some cases, more than one company or policy may need to be identified.
An insurance company may dispute fault, argue that an injury was caused by something else, or challenge the amount of compensation being requested. An early settlement offer does not necessarily account for ongoing treatment, future medical needs, or the full financial effect of an injury.
Before resolving a claim, it is important to understand the injuries and resulting losses. Once a settlement is finalized, an injured person generally cannot return later and demand additional compensation because treatment became more expensive than expected.
Medical Treatment Helps Document the Effects of a Crash
Truck collisions can cause head injuries, fractures, back and neck injuries, soft-tissue damage, and other medical problems. Symptoms may be obvious immediately, while others can become more noticeable after the initial shock of the crash wears off.
Seeking appropriate medical attention protects your health and creates documentation of your condition. Follow-up treatment can also show whether an injury improved, required physical therapy or surgery, or created lasting limitations.
Medical records can become important evidence when an insurer disputes the severity or cause of an injury.
Compensation Depends on the Losses Caused by the Collision
A person injured because of another party’s negligence may be able to pursue compensation for losses resulting from the crash. The amount and types of damages depend on the circumstances.
Economic losses can include medical expenses, future treatment costs, lost income, and reduced earning ability. Non-economic damages can include pain and suffering and other effects that do not have a simple dollar value.
The available compensation depends on the injuries, evidence, insurance coverage, fault, medical treatment, and other facts. No lawyer can determine the value of a case from the type of collision alone.
New York’s Comparative Negligence Rule Can Affect Recovery
More than one person can share fault for a collision. A commercial driver may have acted negligently while another driver also contributed to what happened.
New York follows a pure comparative negligence system. An injured person may still recover compensation when partly at fault, but the recovery can be reduced according to that person’s percentage of responsibility.
Evidence becomes particularly important when fault is disputed. Vehicle positions, video, witness statements, electronic data, roadway evidence, and other information may help establish how the collision occurred.
New York Generally Gives Injured People Three Years to File
New York generally has a three-year statute of limitations for personal injury lawsuits arising from motor vehicle collisions. Different deadlines and requirements can apply in certain circumstances, particularly when a government entity is involved.
Waiting until the deadline approaches can also create evidence problems. Video can disappear, witnesses can become difficult to locate, vehicles can be repaired, and electronic or company records may no longer be readily available.
Starting an investigation earlier can provide more time to determine fault, identify responsible parties, preserve evidence, and evaluate legal options.
Frequently Asked Questions About Astoria Truck Accidents
How Is a Truck Accident Different From a Car Accident?
A commercial vehicle collision may involve an employer, vehicle owner, trucking company, contractor, or other party in addition to the driver. It can also involve company records and commercial insurance policies that would not normally exist in a passenger-car claim. Some commercial carriers are also subject to federal safety regulations.
What Evidence Should Be Saved After a Truck Accident?
Save photographs, video, witness information, medical records, bills, employment records, insurance correspondence, and other documents related to the collision. Evidence held by a business may include maintenance records, driver information, electronic vehicle data, dispatch records, or employment documents. The evidence available depends on the vehicle and company involved.
Who Can Be Responsible for a Commercial Truck Collision?
The driver may be responsible if negligent driving caused the crash. Depending on the circumstances, an employer, trucking company, vehicle owner, maintenance provider, contractor, or another business may also bear responsibility. A detailed investigation is needed to determine which parties should be included in a claim.
What If the Insurance Company Already Offered Me a Settlement?
You are not required to assume that the first offer represents fair compensation for your losses. Before accepting a settlement, consider whether the full extent of your medical treatment, lost income, and other damages is known. Resolving a claim too early can be a problem if additional treatment or long-term limitations develop later.
What Damages Can Be Recovered After a Truck Accident?
Depending on the case, recoverable damages may include medical expenses, lost income, reduced earning capacity, future treatment costs, and pain and suffering. Both economic and non-economic damages may be available. The value of a claim depends on the evidence and individual circumstances rather than an average truck accident settlement.
What If I Was Partly at Fault for the Collision?
Being partially responsible does not automatically prevent recovery under New York’s comparative negligence rules. Compensation can be reduced based on the percentage of fault assigned to you. Evidence about how the collision occurred is important when responsibility is disputed.
How Long Do I Have to File a Truck Accident Lawsuit in New York?
New York generally allows three years to bring a personal injury lawsuit arising from a motor vehicle collision. Exceptions and shorter requirements can apply in certain cases, including some claims involving government entities. It is also helpful to investigate sooner because important evidence may disappear long before the legal deadline.
Talk With an Astoria Truck Accident Lawyer
If you were injured in a collision involving a commercial vehicle in Astoria, Poltielov Law Firm P.C. can investigate what happened and explain your legal options.
Our legal team examines the driver, vehicle, company relationships, insurance coverage, evidence, injuries, and other factors that can affect truck accident claims. When appropriate, we can also take steps to preserve evidence held by a commercial driver or company.
Call 718-880-2911 for a free consultation.