New York Truck Accident Lawyer
Thousands of commercial big rigs, moving vans, delivery trucks, and produce trucks operate on state roads daily. New York’s residents depend on these vehicles to transport goods and services to them.
Many people travel between New York City and their ultimate destination on the East Coast while going through New York State. The freeways and highways in the region are frequently clogged by these trucks, which is especially bad given that they cause significant and deadly collisions every year.
In June 2020 alone, at least 574 truck accidents happened throughout the five boroughs.
Have you or a family member been in an automobile accident caused by a truck? You may be eligible to receive compensation for medical expenses, missed income, and pain and suffering. We can assist you with any legal battles necessary to obtain all of the money you require and deserve.
We offer a free consultation, so contact our personal injury lawyers in our NYC law office.
Can I sue someone personally after a truck accident?
Occasionally, a third motorist is to blame for the accident rather than the truck driver. This might happen if another vehicle swerved or made a sudden turn in front of the truck, causing the truck driver to swerve to avoid hitting the third person. Instead, you may be struck by the truck driver.
If the other vehicle’s driving caused the accident, you have a right to file a personal injury claim against that driver. Begin by filing a claim with the insurance of that other driver. Hopefully, the police will be able to locate the third driver.
How can a New York truck accident lawyer help me after an accident?
Our attorneys are fighting for injured accident victims and their rights across the state, from Albany to Brooklyn and everywhere in between. Insurance companies and large trucking firms have capable legal teams that know how to use the law against inexperienced crash victims and their families.
Who’s liable for a NY truck accident? Our Injury Attorneys Will Investigate
As soon as possible, an investigation into your crash must be started by legal teams who know what to look for in negligence cases.
We will investigate your accident to determine the liability party
After an accident, trucking businesses have many ways to try and limit legal exposure. That is why you should hire an experienced truck accident lawyer. Our personal injury lawyers are knowledgeable about industrial rules and can discover whether any were broken that might have caused your accident.
An investigation into a serious truck accident can involve the following:
- Analyzing the accident scene
- Working with accident reconstruction specialists who can provide expert testimony about what likely caused the crash
- Obtaining the trucking company’s maintenance and inspection records
- Obtaining documents that detail how the trucking business hires supervises, and trains its drivers
- Obtaining the driver’s records, including records of hours spent on the roads
- A black box recording device can provide information about what was happening at the time of the accident. This includes truck speeds and how safety systems were functioning.
- Interviewing witnesses
- Analyzing the police reports and any other available accident reports
In truck accident cases, multiple parties may share responsibility for the crash
- Truck manufacturers
- Truck drivers
- Truck Maintenance Companies
- Trucking companies
- Cargo Loader
The State and Federal Laws for Truck Driver Conduct
The role of the New York Contributory Negligence Law
In New York, the law determines the degree to which the party involved was negligent. Simply put, plaintiffs in New York are not prevented from recovering damages in personal injury cases even if they are partially responsible, but the amount they recover will be lowered in proportion to the amount that they are at fault.
Citation: Section 1411
Employer’s Responsibility for Truck Driver Negligence
Section 388 of the New York Vehicle and Traffic Law (the “VTL”) provides that all owners and operators of most vehicles, including trucks and trailers, are “jointly and severally” responsible for a truck accident.
The principle of liability in Section 388 of the VTL is applied in the same way to a truck accident as it is to any vehicle accident. In most truck accident cases, the responsible parties under Section 388 of the VTL will include (i) the driver of the truck, (ii) the owner of the truck, and (iii) the owner of the cargo trailer attached to the truck.
Typically, a truck driver involved in a truck accident will have been operating the truck during his or her employment for a company. New York law says that the company that hired the truck driver is responsible for the driver’s actions if they cause an accident and someone gets hurt.
This “vicarious liability” rule applies even if the employer had nothing to do with causing the accident. This particular type of “vicarious liability” is known as respondeat superior under New York law, and is an important tool that our experienced New York truck accident lawyers will apply to your case to ensure that you are fully compensated if a truck driver’s negligence injures you.
Citation: Section 388
Your New York truck accident lawyer can help you calculate your damages
If you’ve been injured in a truck accident, you may be entitled to compensation for your damages and personal injuries, including:
- Current and future lost wages
- Current and future medical expenses
- Pain and suffering
- Reduced quality of life
Most New York Truck Accidents Are Driver Related
Driver error is one of the leading causes of truck accidents in New York. Truck drivers must follow a set of detailed state laws and federal safety guidelines to help prevent accidents from happening.
Truck drivers are also very stressed about fulfilling delivery schedules that may be impossible. As a result, they frequently break the rules and make errors. Most truck drivers overlook the restrictions on the number of hours they may drive before taking a break.
Even with the many federal regulations surrounding truck driver fatigue, many truck drivers are still working while drowsy. An FMCSA study revealed that about 13% of truck drivers who caused accidents suffered from fatigue during the crash.
- Distracted driving
- Drowsy driving
- Speeding or aggressive driving
- Unsafe lane changes
- Failure to properly inspect and maintain the truck
- Driving while under the influence of drugs or alcohol
- Brake problems
- Worn tires
- Defects in the vehicle itself
Sometimes several of the above factors combine to cause a truck accident.
Citations: Driver Fatigue, Map 21, DOT Proposes Use of Electronic Logbooks to Improve Efficiency, Safety in Commercial Bus & Truck Industries, Summary of Hours of Service Regulations, GOA report (GAO) study on the hours-of-service (HOS) changes implemented in 2013, Wikipedia, Large Trucks
Head-on And Rollover Accidents In New York
Many truck drivers spend a lot of time on highways and interstates transporting goods across the U.S. However, they have to do this under tight time restrictions, which can sometimes mean they have to drive when they are extremely tired.
In fact, most accidents involving semi-trucks and big rigs are caused by truck drivers falling asleep. This is a major problem because when a truck veers into another lane, it can be disastrous for the occupants of smaller vehicles.
In addition, truck drivers can be too fatigued to pay proper attention when they are turning at intersections. This can lead to head-on collisions between trucks and cars. Car drivers usually get severely injured in these accidents, while truck driver only gets minor injuries.
Some truck drivers carry very heavy loads or loads that are not evenly distributed. This can lead to the truck tipping over. Rollover accidents involving big rigs typically happen when a semi-truck is merging onto the interstate and speeding.
As the truck’s load shifts, the truck starts to tilt. The driver cannot control the load, and the big rig rolls over onto cars going by. This causes drivers and passengers to be trapped underneath tons of weight.
New York Delivery Truck Accidents
Delivery truck drivers need to be aware of their surroundings at all times. This includes being aware of what is behind them and to either side of them. If they don’t have mirrors in place and positioned correctly, they may not be able to see everything that is happening around them.
Double parking on narrow streets or parking in restricted areas can increase the chance of delivery truck drivers causing accidents.
Many delivery truck drivers do not operate their trucks responsibly, which can cause crashes that injure other drivers.
We could help you file a Wrongful Death Lawsuit if you lost a loved one
If you have lost a loved one in a tractor-trailer accident, you may also be eligible for compensation to help cover funeral expenses, lost financial support, and loss of care and companionship.
Citations: NY Wrongful Death Summary, NY Wrongful Death Damages
Truck Accident Lawyer NYC Near Me
Truck accident victims are often seriously injured and are unable to travel, so they might think the closest personal injury firm is the best option. Instead, they should choose an experienced truck accident law firm with a proven track record for maximum compensation.
Skilled legal teams know how hard it can be for the victims and will travel or make arrangements to best serve their clients. Our attorneys can file your truck accident lawsuit after they investigate the trucking companies involved.
With contingency fees, you do not pay unless you win your case. Do not let the stress of medical bills and lost wages add stress to your injuries.
Get a free consultation for your truck accident injury claim today. Contact us now.
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