Truck Accidents

New York City Truck Accident Lawyer

Commercial truck accidents in New York, NY are devastating for truck accident victims who are forever changed after their serious injuries. Fatal truck accidents are traumatic to families who are only left with their grief and pain. Truck accident victims and their families deserve compassion from an attorney who is aggressive when standing up to the insurance company and any liable parties. 

If you’ve been injured in NYC and want to file a truck accident lawsuit, then call 1-866-496-1943 to schedule your risk-free, no-obligation case evaluation with an attorney from Rosenberg, Minc, Falkoff & Wolff, LLP. The truck accident lawyers from our law firm stand up to motor carriers of all sizes and have helped others just like you to recover compensation for their injury claims.

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The Most Common Causes of NYC Truck Accidents

New York, NY car accident caused by a tractor-trailer or truck can occur due to the following causes:

Driving While Fatigued

The Federal Motor Carrier Safety Administration (FMCSA) sets rules about the hours truck drivers are allowed to work In in order to prevent fatigue that could lead to tractor-trailer accident cases. Drivers of large trucks are obligated to follow these Hours of Service Regulations:

  • Property-carrying truck drivers may drive a maximum of 11 hours after ten consecutive hours off-duty. Passenger-carrying drivers can drive a maximum of 10 hours after eight consecutive hours off duty.
  • Truck drivers are required to take a 30-minute break when they have driven for eight cumulative hours without at least a 30-minute interruption.
  • Drivers of semi-trucks are forbidden from driving more than 60 hours in seven consecutive days or 70 hours in eight consecutive days.

Sometimes the reason for a car accident is that trucking companies are notorious for asking drivers to work extra hours without recording their actual times in their logbooks. They do this because the faster they ship a product, the happier their client, even if it puts other road users at risk of an NYC truck accident. 

Impaired Driving

Our law offices will work hard to get you the compensation you deserve if your New York truck accident was caused by a drunk driver or a driver who was using illegal or recreational drugs. A truck driver can also be held liable for your truck accident even if they were using prescription pills at the time of the accident if it has warnings not to operate heavy machinery or drive while taking them.

Distracted Driving

According to the NYPD, driver inattention or distraction was the cause of 1,965 car accidents in NYC as of February 2022. Truck drivers spend long hours on the road traveling across the country, bringing products to and from New York City. Like anybody else, they get bored, and want something to keep them mentally stimulated while behind the wheel, such as listening to music or podcasts. Unfortunately, there are many dangers when trying too hard to stay entertained. Distracted driving is broken down into three types:

  • Visual: distractions that take your eyes off the road
  • Manual: distractions that take your hands off the wheel
  • Mental: distractions to take your mind off driving

Visual distractions include cell phones, GPS systems, and even looking at the radio to change the dials. Manual distractions can be anything from changing the radio to eating while driving or trying to grab something from the passenger seat. As fatigue wears in after a long day of driving, truck drivers become more susceptible to mental distractions as their thoughts wander.

Speeding

Speeding is dangerous and one of the most common causes of trucking accidents; the laws of physics can explain why. The law of inertia states that an object in motion will stay in motion until another force acts on it. The amount of force that needs to be applied is proportional to the mass and speed of the object. The greater the mass, the more force needs to be applied to stop it. 

Commercial trucks have more mass than passenger vehicles. Therefore, it takes a large force to slow down or stop a large truck. When truck drivers speed in big rigs, they need more time and physical space on the road to slow down or come to a complete stop. They are less able to respond to changing road conditions, thus increasing the chances of causing a trucking accident. All of the force of the truck’s velocity and mass is projected onto the passenger vehicle hit by the truck driver, leading to severe injuries.

Cargo Problems

When cargo is not loaded onto large trucks properly or is adequately secured, then it will slide or tumble around in the trailer. This leads to weight balance issues that affect the truck’s steering, brake system, and cruise control. The bed can either be too heavy on one side, in front, or in the back, putting too much or too little weight on the steering axle, which affects the tires’ traction. As a result of this weight imbalance affecting the vehicle’s performance, the truck driver can lose control of the vehicle more easily.

Types of Truck Accidents

A truck accident lawyer from Rosenberg, Minc, Falkoff & Wolff, LLP can help you get the financial compensation you deserve if you have been involved in any of these types of truck accidents.

Head-On Collisions

Head-on accidents occur when two vehicles traveling in opposite directions strike each other. The majority of these accidents are due to distracted driving, when one driver veers out of their lane and hits oncoming traffic, or when a driver turns the wrong way on a one-way road in New York City. The resultant injuries are usually life-threatening, such as severe traumatic brain injuries.

Jackknife Accidents

Jackknifing refers to the shape of a truck when the cab pivots into the trailer at a 90 degree angle. As the trailer swings out, it creates a shape resembling a folding knife. Jackknife accidents are usually the result of improper braking, inexperienced drivers, inadequate truck maintenance, speeding, inclement weather, or taking a turn too quickly. 

Rear-End Accidents

Rear-end accidents occur when the front of one vehicle strikes the back of the vehicle in front of it. This is usually because the rear driver was speeding or tailgating and didn’t give themself enough space to brake. The problem with a truck hitting a passenger vehicle is that its mass and force push the much smaller passenger vehicle into other cars, off the road, or into another precarious situation. 

Rollover Accidents

The FMCSA’s Large Truck Crash Causation Study found that rollover truck accidents account for four to five percent of truck accidents annually. Rollover accidents occur when a vehicle rolls onto its side or roof, on or off the road. One of the causes of rollover accidents is a high center of gravity. When trucks try to take turns too quickly, it can throw off their balance and cause them to fall over to the side. Rollover accidents also occur due to abrupt counter-steering, misjudgment of the sharpness of a turn, and improper loading or securing of cargo.

Underride Accidents

When a smaller vehicle and a truck collide, the smaller vehicle might get stuck underneath the truck, which is called an underride accident. They are almost always fatal or leave victims with debilitating injuries.

Compensation for Damages in a Truck Accident Case

Your medical bills are piling up, and debt collectors are likely already harassing you. Rosenberg, Minc, Falkoff & Wolff, LLP will lead a thorough investigation to determine who is at fault for your New York truck accident and seek compensation from the liable party. If you can’t work anymore, you deserve to be compensated for your lost wages, and future lost earning potential if your serious injury prevents you from returning to the same career you had before the truck crash. 

Our law firm has recovered billions of dollars for victims injured in crashes involving commercial trucks in New York, and we are ready and eager to help you, too. We fight hard for you to receive the maximum compensation for your New York, NY truck crash.

Truck Accident Statistics

According to the New York State Department of Health, motor vehicle traffic injuries are the fourth leading cause of injury-related wrongful death in New York. As of February 2022, there were 577 large commercial vehicles that were involved in trucking accidents in New York City, according to the NYPD:

  • 122 of those vehicles were in Manhattan
  • 134 were in the Bronx
  • 178 were in Brooklyn 
  • 130 were in Queens

There has been a 52% increase in truck accidents since 2009, with most accidents occurring between noon and 3 PM. 68% of fatalities from truck accidents are the occupants in passenger vehicles. Approximately 4% of large trucks involved in fatal collisions were carrying hazardous materials such as flammable liquids. Additionally, the Insurance Institute for Highway Safety and the Highway Loss Data Institute report that 3,852 people died in large truck crashes in 2015. They also report that drivers over age 60 are more likely to be involved in a crash and made up 72% of the crash-involved drivers in their study.

Truck Crash Fatalities
Source: https://trucksafety.org/truck-crash-fatalities-united-states-european-union-2009-2015/

What are the damages in a truck accident case?

Compensation is paid by the insurance company of the liable party, which could be the trucking company, a manufacturer of commercial vehicles, or the truck driver. After it has been established who is liable for the New York City automobile accident, the next question is about compensation. 

Compensation is meant to help you recover financially so that you can be in the same financial spot that you would’ve been in had the New York City truck accident not happened. Economic damages are your medical expenses, lost income, future lost wages, car repairs or replacement, and out-of-pocket expenses. Non-economic damages compensate are your physical pain and suffering, your emotional distress, and other emotional or psychological problems. 

Wrongful death damages are for the family members or estate of the victim of a fatal New York City truck accident. Our truck accident attorneys will fight for you so that you can recover compensation for:

  • Funeral expenses and burial costs
  • Medical care the deceased received before they succumbed to their injuries
  • Lost prospect of inheritance
  • Loss of services
  • Loss of consortium

A NYC truck accident lawyer from Rosenberg, Minc, Falkoff & Wolff, LLP can provide you the legal guidance you deserve if you have been injured in a truck accident and want justice.

Frequently Asked Questions

The information provided below does not replace scheduling a personalized consultation with a truck accident lawyer. With law offices in NYC, Queens, Brooklyn, and the Bronx, we are available to all victims of truck accidents in New York, NY.

What should I do after a truck accident?

Your personal injury case starts when your truck accident happens, so it’s important to follow the right steps to help your case. First, check yourself and any passengers in your vehicle for injuries. Truck accident injuries are usually severe because of the weight and mass difference between large trucks, their tractor-trailers, and cars. You should call 911 and request that an ambulance and police be sent to the scene of the New York truck accident.

Exchange information with the truck driver including your names, addresses, email addresses, phone numbers, and auto insurance information. Make sure to get the truck driver’s employer information. You may also find identifying information on the truck, such as a vehicle number.

Take pictures of the scene of the accident. These will be vital later on when trying to prove fault in your accident. Capturing video can also visually depict what happened. The best way to document the scene is to take photos from different angles, from far away and up close.

Go immediately to the nearest emergency room so that you can be assessed for injuries. If you are concerned about paying for your medical costs and want the liable party to be responsible for them, then you should call an attorney as soon as you are released from the hospital.

You should not wait to speak to an NYC truck accident lawyer about your motor vehicle accident because you don’t want time to run out on your case. The statute of limitations for personal injury lawsuits in the state of New York is three years from the truck accident, so you want to speak to an attorney much sooner than that. If you have rising medical debt that you are struggling to pay, then you should speak to an attorney immediately about getting the maximum compensation for your medical expenses.

When you file a personal injury lawsuit after a truck accident, you could be up against a large truck company, their auto insurer and the attorneys from the insurance company. You need an attorney who will fight aggressively for the highest settlement possible and advise you of your rights.

Most personal injury attorneys work on a contingency-fee-basis, which means that you don’t pay a dime unless they win for you, so there’s no risk in reaching out to a truck accident attorney about your accident.

Who is liable for my truck accident in NYC?

All accident claims are different. One of the main jobs of an attorney in personal injury cases is to determine who is at fault for the accident so accident victims can recover compensation from the liable party:

  • The trucking company may be liable for your New York City accident if the truck driver’s negligence caused the accident.
  • The manufacturer can be held liable if a faulty part or design caused your accident.
  • The cargo loaders can be held liable if an unbalanced load caused the accident.

Our law offices use our abundant resources to prove liability in New York City accident cases. 

What are the most common injuries after truck accidents?

Because semi-trucks are so much larger than passenger vehicles, the injuries are usually severe and sometimes fatal. They include the following:

Why Choose Our Lawyers for Your Truck Accident Case?

The New York City truck accident attorneys from Rosenberg, Minc, Falkoff & Wolff, LLP are ready to help. One of the most important reasons why you need to speak with a truck accident lawyer is that you deserve to have someone to fight for you who will ensure that you get what you need while you heal. Our truck accident lawyers handle cases on behalf of our New York City clients to get them compensation for their medical expenses, lost wages, damaged property, out-of-pocket expenses, and pain and suffering.

There is never a fee unless we win your case for you. We start by setting up a free consultation with you to learn more about what happened and advise you of your rights. We advise you to bring documents and proof that can be useful in your personal injury claim, such as:

  • The police report from the responding officer at the scene of the accident
  • Your medical records from the emergency room
  • Your medical records from the physician who continued treating you, as well as any specialist or doctors you saw for follow-up visits
  • Your medical bills and expenses
  • Journal entries documenting your daily symptoms and pain 
  • Photos and video of the scene of the accident. The photos should show where the accident happened, the direction that you and the driver were traveling and other details such as street signs and traffic lights

We Speak To The Insurance Companies For You

Let our truck accident lawyers talk to the insurance companies for you. Trucking companies are major international corporations that transport billions of dollars worth of cargo across the nation. They take out large insurance policies because they know that the likelihood of death or serious injury in a truck accident is extremely high. The last thing that they want is a highly publicized truck accident lawsuit that affects their reputation among their valued customers. 

So they hire intrepid attorneys from some of the best law firms to help protect their reputation and profits. There is no way for any individual to represent themselves in front of these powerful litigators. Rosenberg, Minc, Falkoff & Wolff, LLP has won billions of dollars for accident injury victims. We negotiate every day and are far more experienced than the average person.