Commercial trucks are a common sight in New York City and surrounding areas. Whether they are transporting goods or delivering materials to construction sites, these heavy vehicles are a threat to everyone around them. If you get in the way, you can suffer horrifying injuries that can take years to heal.
At Poltielov Law Firm P.C., our New York truck accident lawyers can meet for a free consultation to discuss these accidents. The trucking company already has a team working day and night to protect its rights. You need someone in your corner looking out just for you.
Types of Trucks
We have seen people injured in collisions with all sorts of trucks, including:
- Garbage trucks
- Fuel trucks
- Cement trucks
- 18-wheelers
- Semi-trucks
- Box trucks
- Moving vans
- Postal vehicles
These trucks all have something in common—they are large and difficult to drive safely. Unfortunately, smaller vehicles are often crunched in any collision, even at low speeds. Commercial vehicles like these require special licenses and training to operate. When truck drivers fail to follow safety rules, serious accidents can happen in seconds.
Common Causes of Truck Accidents in New York
An accident might be caused by any of the following:
- Driver fatigue
- Unsafe trucks
- Texting and driving
- Driver distraction
- Driver confusion
- Speeding
- Tailgating
- Driver inexperience
- Unbalanced or unsecured cargo
Trucking companies are supposed to properly train and supervise their employees. Federal regulations mandate physical exams and drug testing so that only safe drivers are put on the roads. Trucking companies should also perform necessary background checks and rule out drivers with a history of dangerous driving. Sadly, some companies overlook these steps, and innocent people get hurt.
Truck Driver Fatigue and Hours of Service Violations
Truck driver fatigue is one of the leading causes of truck accidents across the country. Federal rules limit how long drivers can stay behind the wheel without rest. However, some trucking companies pressure drivers to ignore these rules to meet tight deadlines. When a truck driver operates while exhausted, their reaction time slows down, and their judgment becomes impaired. This puts everyone on the road at risk.
Distracted Driving and Technology
Distracted driving has become a major problem in recent years. Truck drivers who text, check GPS devices, or eat while driving cannot focus on the road. Even a few seconds of distraction can lead to a truck collision with deadly consequences. Commercial truck operators have a responsibility to keep their eyes on the road at all times.
Defective Truck Components and Maintenance Issues
Sometimes truck accidents happen because of defective truck components or poor maintenance. Worn brake pads, faulty steering systems, and tire blowouts can cause a truck driver to lose control. Trucking companies must inspect their vehicles regularly and fix any problems right away. When they cut corners on maintenance, accident victims pay the price.
Understanding New York Truck Accident Laws
New York State has specific laws that apply to commercial truck accidents. These rules are designed to protect people who share the road with large trucks. Federal regulations also come into play because many trucking companies operate across state lines. State and federal laws set standards for driver qualifications, vehicle maintenance, and cargo loading.
A New York truck accident attorney understands how these rules work together. They know how to investigate whether a trucking company violated any regulations. This information can be critical when building a strong truck accident claim.
The Role of Federal Motor Carrier Safety Regulations
Federal rules govern the trucking industry through the Federal Motor Carrier Safety Administration. These regulations cover everything from driver training to vehicle inspections. When truck drivers or trucking companies break these rules, they can be held responsible for any accidents involving their vehicles. An experienced truck accident lawyer will review all applicable regulations when handling your case.
Types of Injuries from Truck Accidents
Truck accidents often result in severe injuries because of the size difference between commercial trucks and passenger cars. Truck accident victims may suffer from broken bones, head trauma, spinal cord damage, and internal organ injuries. Some people experience catastrophic injuries that change their lives forever.
Truck accident injury victims face long recovery periods and mounting medical expenses. Many need multiple surgeries, physical therapy, and ongoing care. The physical pain is only part of the problem. Accident victims also deal with emotional trauma and stress.
Serious Injuries Common in Tractor Trailer Accidents
Tractor-trailer crashes often cause serious injuries that require immediate medical attention. Neck injuries, back injuries, and traumatic brain injuries are common. Some truck accident victims suffer burns if hazardous materials are involved in the crash. Others experience crush injuries when trapped inside their vehicles.
The impact from a semi-truck can cause injuries that are not immediately obvious. Internal bleeding and organ damage might not show symptoms right away. This is why truck accident victims should always get checked by a doctor after a truck wreck, even if they feel okay at first.
Long-Term Effects and Catastrophic Injuries
Catastrophic injuries from truck accidents can affect every part of a person’s life. Paralysis, amputations, and severe brain damage may prevent someone from working again. These truck accident injury cases often involve large settlements because the losses are so great. Victims need money to cover future medical bills, home modifications, and lifelong care.
Compensation for a Truck Accident
Many collisions cause fractures, amputations, crush injuries, concussions, and spinal column injuries, to name only a few. Our clients should seek money to cover:
- Medical bills. The cost of medical care is through the roof, and many victims need diagnostic tests, surgery, rehab, and other treatment.
- Lost income or wages. Truck accident injuries are often so serious that people cannot work. Truck accident victims should receive money to make up for this lost income.
- Pain and suffering. Accidents cause physical pain, mental anguish, inconvenience, depression, and a reduced quality of life. These intangible losses deserve monetary compensation under New York law.
- Property damage. A large truck can completely total a smaller, lighter vehicle, which will probably need to be replaced or at least repaired.
- Other losses. Our clients have sought consequential damages for the cost of a rental car and other expenses stemming from a collision.
Economic Damages in Truck Accident Cases
Economic damages in truck accident cases include all the money you spent or lost because of the truck crash. This covers current and future medical expenses, prescription medications, and assistive devices like wheelchairs or walkers. Lost wages are another big part of economic damages. If your injuries prevent you from returning to work, you deserve compensation for that lost earning power.
Truck accident victims may also claim costs for home healthcare, transportation to medical appointments, and modifications to their homes. A truck accident attorney will calculate all these expenses to ensure you seek maximum compensation.
Non-Economic Damages and Pain and Suffering
Non-economic damages compensate truck accident victims for losses that do not have a clear dollar value. Pain and suffering, emotional distress, and loss of enjoyment of life all fall into this category. Some truck accident injury victims develop anxiety or post-traumatic stress disorder after a serious truck accident.
New York law allows accident victims to seek fair compensation for these intangible losses. The amount depends on the severity of your injuries and how they affect your daily life. An experienced truck accident lawyer knows how to present this evidence to insurance companies or a jury.
Why You Need a New York Truck Accident Attorney
Truck accidents are more complex than the run-of-the-mill car accident. For one thing, you could potentially sue multiple parties, including the truck driver or its employer, loading companies, mechanics, and truck manufacturers.
Evidence is also harder to obtain. Most trucks are outfitted with an electronic logging device, called “black boxes,” that records helpful information. A trucking company might also have records in its possession related to drug testing, supervision, and hiring. We can demand that a truck company preserve this information and then share it with us. Without a lawyer, it is difficult to gather the necessary evidence to establish that the truck driver or his employer was at fault.
Investigating the Accident Scene and Gathering Evidence
A thorough investigation of the accident scene is critical in truck accident cases. An experienced truck accident lawyer will visit the location, take photographs, and look for any traffic laws violations. They may also interview witnesses who saw what happened. Evidence collected right after the accident occurs can make or break your case.
Truck accident attorneys work with accident reconstruction experts to understand exactly how the truck crash happened. These professionals can determine vehicle speeds, points of impact, and whether the truck driver could have avoided the collision. This technical evidence helps prove who was at fault.
Dealing with Insurance Companies
Insurance companies often try to pay truck accident victims as little as possible. They may contact you soon after the truck accident and pressure you to accept a quick settlement. This offer is usually far less than what your case is worth. A New York truck accident lawyer knows the tactics insurance companies use and will fight back.
Your accident lawyer will handle all communication with the insurance companies so you can focus on healing. They will negotiate for fair compensation that covers all your losses. If the insurance company refuses to make a reasonable offer, your law firm can file a truck accident lawsuit and take the case to court.
Understanding Contingency Fee Agreements
Most truck accident lawyers work on a contingency fee basis. This means you do not pay any legal fees unless your attorney wins your case. The lawyer’s payment comes from a percentage of your settlement or court award. This arrangement allows truck accident victims to hire an experienced lawyer without worrying about upfront costs.
A contingency fee basis also motivates your legal team to recover compensation that truly reflects your losses. The more they win for you, the more they earn. This aligns your interests with those of your truck accident attorney.
Multiple Parties Who May Be Liable
Truck accident cases often involve multiple parties who share responsibility for what happened. The truck driver might be at fault for speeding or driving while tired. The trucking company could be liable for hiring an unqualified driver or failing to maintain the vehicle. A maintenance company might be responsible if poor repairs caused a mechanical failure.
In some cases, the manufacturer of a defective truck component can be sued if a faulty part caused the accident. Cargo loading companies may be liable if improperly secured loads shifted and caused the truck driver to lose control. A New York truck accident attorney will identify all parties who contributed to your truck accident injury and hold them accountable.
Employer Liability in Commercial Truck Crashes
Trucking companies can be held responsible for the actions of their employees under a legal concept called respondeat superior. This means if a truck driver causes a commercial truck accident while working, the employer may have to pay damages. Trucking companies try to avoid this liability by claiming drivers are independent contractors rather than employees.
An experienced truck accident lawyer knows how to challenge these arguments. They will examine the relationship between the truck driver and the trucking company to determine the true nature of their working arrangement. This can make a big difference in how much compensation you can recover.
Third-Party Liability in Truck Accidents
Sometimes other parties besides the truck driver and trucking company are responsible for truck accidents. A delivery truck company might be liable if they pushed drivers to meet impossible deadlines. A tow truck operator could be at fault if they improperly secured a vehicle being towed. Even New York City or other government entities can be sued if poor road conditions contributed to the truck crash.
Your truck accident lawyer will investigate all possible sources of compensation. Going after multiple parties can increase the total amount of money available to pay for your losses.
Common Types of Commercial Truck Accidents
Semi truck accidents come in many different forms. Jackknife accidents happen when the trailer swings out to form an angle with the cab. Rollover accidents occur when a truck driver takes a turn too fast or loses control. Underride crashes are especially dangerous because smaller vehicles slide underneath the tractor trailer.
Accidents involving large trucks also include rear-end collisions, head-on crashes, and side-impact accidents. Each type of truck accident presents unique challenges when determining fault and proving damages.
Jackknife and Rollover Accidents
Jackknife accidents are among the most dangerous types of truck accidents. When a semi-truck driver brakes suddenly or loses traction, the trailer can swing out and block multiple lanes of traffic. Other vehicles have no time to stop and crash into the jackknifed commercial truck. These serious truck accidents often involve many cars and cause severe injuries or even fatal accidents.
Rollover accidents happen when a truck driver takes a curve too quickly or when cargo shifts unexpectedly. The high center of gravity on large trucks makes them prone to tipping over. When a semi-truck rolls, it can crush nearby vehicles and spill hazardous materials onto the road.
Underride and Override Collisions
Underride collisions are particularly deadly for truck accident victims. These accidents occur when a smaller vehicle slides underneath a tractor-trailer. The top of the passenger car is often sheared off, causing catastrophic injuries or death to the occupants. Federal regulations require underride guards on commercial trucks, but these guards do not always work as intended.
Override collisions happen when a large truck rides up over a smaller vehicle in a rear-end crash. The weight of the commercial truck can crush the passenger car and trap accident victims inside. Both types of accidents involving underride and override carry a high risk of severe injuries and wrongful death.
Special Considerations for New York Truck Accidents
New York truck accidents present unique challenges because of the dense traffic and complex road systems in New York City and surrounding areas. The heavy volume of commercial vehicles moving through the area increases the chances of truck accidents. Narrow streets and congested highways make it harder for truck drivers to operate safely.
New York vehicle and traffic laws have specific rules for commercial trucks. Weight limits, route restrictions, and parking regulations all apply. When truck drivers or trucking companies violate these local rules, they can be held liable for any resulting accidents.
Urban Truck Accidents vs. Highway Crashes
Truck accidents in New York City often happen at lower speeds than highway crashes, but they can still cause serious injuries. Pedestrians and cyclists are at particular risk in urban areas where delivery trucks, garbage trucks, and fire trucks make frequent stops. Limited visibility and tight turns make it easy for truck drivers to overlook smaller vehicles or people on foot.
Highway truck accidents in New York State tend to involve higher speeds and more severe injuries. Tractor-trailer accidents on highways often result in multi-vehicle pileups when other drivers cannot stop in time. The trucking industry moves massive amounts of freight through New York on major routes like I-87, I-95, and I-90.
The Legal Process for Truck Accident Claims
Filing a truck accident claim involves several important steps. First, your New York truck accident attorney will investigate the crash and gather evidence. This includes obtaining the police report, medical records, and any video footage from the accident scene. Your lawyer will also request information from the trucking company, including driver logs, maintenance records, and hiring documents.
Next, your attorney will send a demand letter to the insurance companies explaining why their insured is liable and how much compensation you deserve. The insurance company will either accept, reject, or make a counteroffer. Most truck accident cases settle during negotiations, but some require filing a truck accident lawsuit in court.
Statute of Limitations for New York Truck Accident Cases
New York law sets strict deadlines for filing personal injury claims after motor vehicle accidents. Generally, you have three years from the date of the truck accident to file a lawsuit. However, some situations have shorter deadlines. If a government entity like New York City is potentially liable, you may need to file a notice of claim within 90 days.
Missing these deadlines can prevent you from recovering compensation altogether. This is why it is so important to contact a New York truck accident lawyer as soon as possible after your accident. An experienced lawyer will ensure all paperwork is filed on time.
Settlement vs. Trial in Truck Accident Lawsuits
Most truck accident lawsuits settle before going to trial. Settlement allows truck accident victims to receive financial recovery faster and avoid the stress of a trial. However, settlement also means accepting less money than you might win in court. Your truck accident attorney will advise you on whether a settlement offer is fair based on your truck accident injury and losses.
If the insurance companies refuse to offer fair compensation, your law firm will prepare your truck accident case for trial. A jury will hear evidence about how the truck accident happened and decide who was at fault. They will also determine how much money you should receive for your truck accident injury claim. While trials take longer, they sometimes result in larger awards for truck accident victims.
Frequently Asked Questions About New York Truck Accidents
What should I do immediately after a truck accident in New York?
First, check yourself and others for injuries and call 911 right away. Move to a safe location if possible, but do not leave the accident scene. Take photos of all vehicles involved, any property damage, and the surrounding area. Get contact information from the truck driver and any witnesses. Seek medical attention even if you feel fine, as some serious injuries do not show symptoms immediately. Contact a New York truck accident lawyer as soon as you can to protect your rights and preserve evidence.
How long do I have to file a truck accident claim in New York?
New York State law gives you three years from the date of the truck accident to file a personal injury claim. However, if a government entity might be responsible, you may need to file a notice of claim within just 90 days. These deadlines are strict, and missing them can prevent you from recovering compensation. An experienced truck accident lawyer will make sure all paperwork is filed on time so you do not lose your right to seek financial recovery.
How much does it cost to hire a truck accident attorney?
Most truck accident attorneys work on a contingency fee basis, which means you pay nothing upfront. Your lawyer only gets paid if they win your case, and their fee comes from a percentage of your settlement or court award. This arrangement lets truck accident victims afford quality legal representation without worrying about hourly rates or retainer fees. During your free consultation, your attorney will explain exactly how their fees work.
What types of compensation can I recover after a truck accident?
Truck accident victims can seek compensation for medical expenses, lost wages, pain and suffering, and property damage. If your injuries are severe, you may also recover compensation for future medical bills, lost earning capacity, and ongoing care needs. New York law allows accident victims to pursue both economic and non-economic damages. The total amount depends on the severity of your truck accident injury and how it affects your life. An experienced truck accident lawyer will calculate all your losses to seek maximum compensation.
Who can be held liable in a New York truck accident case?
Multiple parties may be responsible for truck accidents in New York. The truck driver can be liable for reckless driving, distracted driving, or truck driver fatigue. The trucking company may be responsible for hiring unqualified drivers, failing to maintain vehicles, or violating safety regulations. Manufacturers can be sued if a defective truck component caused the truck crash. Even cargo loading companies and maintenance providers might share liability. A New York truck accident attorney will investigate your truck accident case to identify everyone who contributed to your injuries.
Call Our New York Truck Accident Lawyer
Following a wreck, time is of the essence. Please call Poltielov Law Firm P.C. at 718-880-2911 or contact us here as soon as possible. We can review your case in a consultation and discuss how to recover compensation. Our legal team has handled countless New York truck accident cases and knows what it takes to win fair compensation for truck accident victims. Whether your truck accident involved a semi-truck, garbage truck, delivery truck, or any other commercial vehicle, we have the experience to help. Contact our law firm today for your free consultation and let us fight for the maximum compensation you deserve after your truck accident injury.