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A truck accident is inherently more dangerous than a typical passenger vehicle accident, often resulting in serious injuries that may significantly alter the quality of your life. If you or a loved one has been seriously injured in a commercial truck accident, you may be eligible for significant compensation. Contact the law offices of Rosenberg, Minc, Falkoff, and Wolff, LLP to explore your legal options for maximum recovery. Our team of New York truck accident attorneys have the skills and experience that can make a difference in your case.

How To Choose The Best Truck Accident Lawyer in NYC

If you’re looking for the best truck accident lawyer New York, it might be hard to determine which personal injury law firm is right for you. Truck accidents often cause significant damages and catastrophic injuries. And thus, truck accident victims should be appropriately represented so they can be fully compensated. 

Our skilled and experienced personal injury attorneys have a full understanding of all relevant laws and regulations such as the:

  • New York State Department of Transportation Regulations 
  • New York Vehicle & Traffic Law and the 
  • Federal Motor Carrier Safety Administration Regulations

For instance, the Federal Motor Carrier Safety Administration (FMCSA) is part of the USDT or the United States Department of Transportation. Its duty is to enforce safety regulations for commercial truckers and companies.

Moreover, countless safety regulations apply and this depends on the type of truck involved. Likewise, there are numerous regulations involving drivers including:

  • limits on hours per shift
  • drug testing
  • mandatory medical examinations, etc.

If you or a loved one were injured or killed in a New York truck accident, you need the assistance of the best truck accident attorney near you who has the experience and has in-depth knowledge of all relevant regulations and laws.

Why Choose Us for Your Truck Accident Case?

  • We have achieved some of the most significant outcomes in personal injury cases in the state and significant experience handling truck cases.
  • Our attorneys have recovered over $1 billion dollars in compensation for over 30,000 injured New Yorkers.
  • We handle truck accident cases on a contingency fee basis – you do not pay any fees until we win.
  • We understand the complexity of the federal regulations motor carriers and truck drivers are bound by. And as well as how complicated commercial truck accidents can be.
  • We will handle every facet of your claim after you get hurt in a commercial truck accident.
  • We retain professionals such as investigators and financial professionals to assist our NYC truck accident lawyers in conducting a comprehensive analysis of your accident and injuries.
  • We will fight aggressively to collect maximum damages for all your losses. 

We Handle All New York Truck Accident Cases

Some New York personal injury law firms won’t agree to take your truck accident case unless you suffered serious injuries. At Rosenberg, Minc, Falkoff, and Wolff, LLP, we know that an injury, whether big or small, can disrupt your life forever. That’s why our New York truck accident lawyers are here to help you in recovering full compensation for all of the injuries you sustained from a truck accident including:

Can’t make it into our personal injury law offices in New York to learn more about your truck accident case? We’d be happy to come to you and discuss your case whether you’re at home, at work, or in the hospital recovering from your injuries. Request a free consultation today.

How We Can Help

There are few more complex and catastrophic injury cases than those involving commercial trucks and they often involve large companies.  The trucking industry is heavily regulated at the federal level, but the regulations are often violated. All issues that may be relevant to your claim or lawsuit must be investigated in filing a claim or lawsuit to recover compensation – and seek justice for you or your loved ones.  Trucking companies will always have a team of attorneys ready to investigate the collision and do everything in their power to protect their interests.  An experienced personal injury lawyer is highly recommended in order to protect yours.  We are here to guide those we represent through the process, and we handle all of the critical details, from start to finish.

Seeking compensation for your injuries from a commercial truck accident is always a smart move. However, demanding money from at-fault parties and their insurers won’t be easy. Other parties will deny your claim and might even try to shift the blame on you. 

Hiring a truck accident lawyer in New York gives you time to get better while advancing in a position that allows you to recover maximum compensation.

At Rosenberg, Minc, Falkoff, and Wolff, LLP, we have tirelessly represented truck injury victims for more than 90 years. Our personal injury law firm has recovered more than $1 Billion in settlements and verdicts. If you or a loved one have been involved in a New York truck accident, we’ll fight for you, too.

Here are some of the ways we can help you. We will:

  • Look into your truck accident case to find out why it happened and who’s at fault,
  • Demand money from all liable parties including government agencies, insurance companies, and not just truck drivers and their employers,
  • Do everything we can to minimize your role in the accident if other parties attempt to shift the blame on you,
  • Seek advice from accident experts to determine precisely what your case is worth, and
  • Face insurance companies on your behalf and fight to hold them and their clients (who caused your injuries) accountable. 

Our New York truck accident lawyers will look after all the details of your truck accident case. We will work hard to collect the damages you need and deserve. You can focus on yourself and recover from your injuries while we fight for your case. Contact us today to schedule a FREE consultation. 

We Understand How Complicated NYC Truck Accident Cases Can Be

A truck accident case can be extremely complicated compared to a passenger car accident. This is why injured truck accident victims should always seek help from a New York personal injury lawyer experienced in handling these types of claims.

Here are reasons why truck accident cases can be more complicated:

  • Commercial trucks are huge vehicles. They can weigh around 10,000 pounds when empty and around 80,000 pounds when loaded with cargo.
  • Most truck drivers have employers ready to back them up in the event of a crash. They have investigators and legal teams that protect their company from the financial consequences of an accident.
  • There might be additional parties involved that are also liable for your truck accident case. Professional investigation can help identify these parties in which you can then file a lawsuit to recover fair compensation. 
  • A deep understanding of federal regulations is required in investigating a truck accident. It covers all facets of the trucking industry, which may include reports and records truckers and motor carriers must maintain.

Our New York truck accident attorneys are quick to respond after an accident to make sure all evidence and records are preserved. We will seek court orders so we can demand trucking companies to turn over “black boxes” or Event Data Recorders (EDRs) of trucks involved in the crash. And as well as access to the scene of the accident.

Likewise, we will also conduct interviews with employees of all trucking companies and third parties involved. Our independent investigation may help shed light on the neglectful operations of truck companies that contributed to the accident. 

In special cases where the wreckage is complex, we retain forensic analysts and crash construction consultants to help us determine how and why the accident happened. 

Further, these professionals can provide expert witness testimony and not just produce principles of engineering and physics-based detailed reports.

Contact us today to schedule your FREE consultation. 

Filing a Truck Accident Injury Claim or Lawsuit

The first step in seeking full compensation for damages is to identify the negligent parties – and in a truck accident case, there may be several parties named. These parties may include:

  • Truck driver
  • Trucking firm
  • Truck manufacturer
  • Truck maintenance company
  • Other parties

The accident may have been caused by the driver. Some common forms of driver negligence include:

  • Tired truck drivers
  • Drunk truck drivers
  • Drug-impaired truck drivers
  • Truck drivers texting while driving
  • Cell phone use
  • Driving too fast for conditions
  • Uneven load
  • Speeding or other unsafe driving conduct

Types of Commercial Trucks Commonly Involved in  Accidents

Due to the variety of types of commercial trucks, there can be various types of accidents that occur:

  • Box truck accidents: Box trucks are one of the most common types of delivery vehicle in the city, used for moving goods from location to location when a larger truck is not needed. Often used to deliver food goods, furniture, appliances, and a range of other goods. These trucks may be owned by a trucking firm, manufacturers or distributors of various consumer goods, or others. They have limited visibility and a high profile, and a driver who makes an error in judgment can leave an innocent person suffering serious or fatal injuries.
  • Semi-tractor trailer accidents: Semi-tractors, or “semi-trucks” are some of the heaviest and most dangerous vehicles sharing the streets and highways. When fully loaded, they weigh in at about 80,000 lbs. When in a collision with a regular passenger vehicle, the truck driver is rarely injured – it is the other driver and their passengers who pay the price. A semi-truck has wide turns, requires far more distance to come to a stop, and if drifting out of a lane, making an unsafe turn, speeding, or other negligent act, can lead to serious or fatal injuries to others sharing the roadways.
  • Jackknifed tractor-trailer accidents: If a truck driver is operating the vehicle at a speed too fast for road and weather conditions, a jackknife can occur. This is a situation created by a driver, in many cases. As the driver realizes the roadway may pose a danger due to rain or snow, he or she locks the brakes, but the truck cannot stop, continuing to travel. The trailer is then no longer under control, swinging to the side, often wiping out other vehicles, and then overturning onto the roadway.
  • Pickup truck accidents: There are many pickups moving throughout the boroughs of New York, whether owned by a private party or a company. Work trucks, moving trucks, construction trucks – these trucks are used for countless actions throughout the city, posing a risk to other drivers. Pickups have a high center of gravity, take a longer distance to stop, and when driven by an aggressive or inattentive driver, can lead to a pickup truck accident that leaves innocent people with serious or fatal injuries.
  • Stake truck accidents: Stake trucks are often used by haulers and as work trucks in New York City. These trucks are often heavily loaded with equipment, furniture, tools, boxes, or countless other items. A driver who fails to operate a stake truck with care, whether speeding, texting, driving under the influence of drugs or alcohol, or recklessly, puts others at high risk of injury or death.
  • Flatbed truck accidents: A flatbed truck is typically a tractor-trailer pulling a flat, open bed upon which equipment or materials are loaded for transport. Truck accidents involving flatbed trucks are not uncommon in New York City. As the load is not contained within a trailer, it can more easily shift if the cargo is not properly secured. A flatbed truck has a high center of gravity, made worse when heavy loads shift. When things go wrong due to negligent truck driving or failure to correctly secure a load, a dangerous or deadly collision can lead to serious or fatal injuries.
  • Dump trucks: Some of the streets and highways in New York City roads bad state of repair, and the city does it all can to stay on top of it. Filling potholes, resurfacing streets and other repairs involve the use of dump trucks – not an uncommon sight in our city. These are very heavy vehicles, and when loaded even more so. Should a dump truck driver fail to exercise reasonable care, another driver may be hurt or killed in a collision.

Upsurge of Truck Accidents in The U.S. And New York

According to a 2015 report by the New York Times, more people have been killed in truck accidents than those killed in airline crashes over the last five decades. In a 2013 review of trucking accidents by the Federal Motor Carrier Safety Administration, 98,000 people were injured or killed. 

In the state of New York, there were over 5,000 people injured or killed by large trucks in 2014 according to the New York State Department of Motor Vehicles.

Common Causes of NYC Truck Accidents

New York truck accidents happen for a lot of different reasons. Still, some factors cause these accidents more often than others, which includes:

  • Aggressive driving
  • Speeding
  • Fatigued driving
  • Making illegal or unsafe turns
  • Following too closely or tailgating 
  • Distracted driving
  • Severe rain or snow 
  • Failure to maintain lane
  • Hazardous road conditions
  • Congested traffic conditions
  • Defective, or unsafe vehicles, and
  • Driving under the influence of alcohol or drugs.

Truck drivers not only have to abide by the strict federal regulations, but they also have to obtain a special license to drive a semi-truck. These rules maintain a time limit for drivers to log behind the wheel and control certain behaviors. 

If drivers break these rules, the risk of truck accidents increases significantly. When these accidents happen, truck drivers and their employers might be held responsible for any resulting injury. 

Accidents Involving Intoxicated Truck Drivers

Truck drivers under substance use are held to the same safety expectations as other motorists on the road. If they choose to drive while intoxicated, for whatever reason, they may put themselves in danger and anyone else on the road. 

Accidents involving large trucks and smaller vehicles in traffic can prove devastating. Often, motorists in smaller vehicles are left with catastrophic injuries that may need immediate medical care.

Intoxicated driving is a serious crime that endangers innocent people on the road. Truck drivers who choose to get behind the wheel while intoxicated should be held liable for their irresponsible actions. And because truck accident victims sustain catastrophic injuries and significant damages, drunk truck drivers can be penalized severely, and deservedly so. 

Truck Malfunction/ Defect

Mechanical defects in large commercial trucks while on the road often leaves the driver unable to quickly respond in preventing an accident from happening. These accidents often result in serious consequences, as semi-truck and 18-wheelers dominate all other vehicles on the road.

In cases where a defective truck component caused injury to another motorist, the designer or manufacturer of the defective auto part may be held accountable for the costs of those injuries.

Our tenacious team of New York truck accident attorneys will aggressively pursue compensation if you or a loved one were injured in an accident caused by any of the following:

  • Tire Defects
  • Brake Malfunction 
  • Trailer Malfunction
  • Insufficient Underride Protection

Remember, it is not your obligation to cover the costs of the injuries you sustained from an accident caused by a truck malfunction. Instead, the manufacturer or the designer of the defective auto part should be obligated to cover your medical bills, lost wages, and other damages.  

Trucking Company Negligence

Making sure that drivers and vehicles are safe is the responsibility of trucking companies. This will, in turn, protect other motorists on the road. 

Mistakes made by trucking companies during the hiring process may lead to assigning drivers who are incapable of safely operating a powerful 18-wheeler truck. Also, failure to properly inspect and perform maintenance on their fleet of vehicles may lead to releasing unsafe trucks on the road. 

Any of the aforementioned negligent actions often lead to causing extreme and long-lasting harm to innocent parties. The common mistakes trucking companies make are:

  • Negligent hiring
  • Inadequate training
  • Failure to inspect vehicles and 
  • Hours of Service violations

Consequently, trucking companies have the responsibility of preparing both driver and vehicle for an often lengthy journey on the road. Failure to do so means putting truck drivers at risk of colliding with other motorists. Thereby threatening the health and safety of innocent parties in the process.

Truck Driver Error / Negligence

All drivers are expected to act responsively on the road. This is especially crucial for those who operate semi-trucks and 18-wheelers. Because of their tremendous size and power, commercial trucks cause catastrophic accidents that lead to serious injuries if drivers act irresponsibly on the road.

The high-volume traffic in New York can make commercial truck accidents caused by driver error even more catastrophic. Truck accident victims must file a lawsuit against negligent truck drivers to deter this unsafe behavior in the future.

Commercial truck drivers should know how to safely operate their vehicles while following traffic rules. When you operate large and potentially dangerous vehicles, driver error is inexcusable. Truck drivers who are unwilling or unable to put safety first may be held liable for mishaps caused by:

  • Aggressive Driving
  • Failing to Signal Turns
  • Driving with Overweight Load
  • Driving in Adverse Conditions

Drivers who caused truck accidents because they failed to maintain basic safety expectations may be held accountable for damages and injuries as a result of their negligent behavior. 

No-Zone Accidents

Semi-trucks and 18-wheelers are huge pieces of machinery. Drivers of these vehicles find it almost impossible to see around the bulk of the trailers. Thus, drivers have to deal with the 4 main areas around the vehicles that have large blind spots. These no-zones are the:

  • Large area behind the trailer
  • Small area in front of the truck
  • Left side of the vehicle 
  • Right side of the vehicle  

Truck drivers who fail to cautiously check these 4 blind spots are at a higher risk of collision with other vehicles that may lead to devastating accidents.

Garbage Truck Accidents

In New York, some of the largest vehicles operating on city roads are garbage trucks. They are also more likely to cause catastrophic injuries once they are involved in a devastating accident. 

Garbage trucks are potentially dangerous vehicles. And road accident victims of these large trucks often need extensive medical treatment for their recovery. In most cases, victims find it difficult to get their lives back together. And in New York State, it is often difficult for garbage truck accident victims to successfully collect damages since these vehicles are operated by municipalities. 

While municipalities are the main garbage operators who service residential trash collection in New York, private companies are also competing for commercial business. And whoever collects the fastest makes the most money. 

However, a speedy method of collecting garbage often jeopardizes safety. And this leads to the steady rise of garbage truck-related accidents in New York.  

You don’t have to bear the burden of another party’s negligence. A successful personal injury lawsuit may help you recover the compensation you need to cover your medical bills, lost wages, and other losses. Reach out to us if you have been involved in a truck accident in New York. 

Compensation for Damages in a Truck Accident Case

The types of compensation that may be pursued in a truck accident claim or lawsuit include both economic and non-economic damages. The compensation pursued may include, but is not limited to:

  • Medical bills
  • Hospital bills
  • Costs of rehabilitation
  • Lost wages
  • Lost earning capacity
  • Loss of quality of life
  • Pain and suffering
  • Emotional anguish

Determining what level of compensation is available to pursue is thorough, complex, and often confusing. At Rosenberg, Minc, Falkoff & Wolff, LLP, we have professional resources to manage every detail of your case, including an accident investigation team, medical experts, and financial experts to value the losses you or your loved one has experienced as a result of the truck accident.

Truck Accident Injury Cases: The Investigation Process

All large commercial truck accidents will involve an investigation by the New York police, and the NTSB (National Transportation Safety Board). We don’t count on the investigation performed by these agencies as our sole source of supporting evidence, but go further, including seeking cellphone records and other data that could reveal the actions of the driver, along with drug and alcohol test results performed after the collision. We will thoroughly investigate the cause of the collision, including collecting data from the truck’s “black box,” a system in large commercial trucks that records speed and other data – this data must be preserved and evaluated.

Establishing Negligence: The Pivotal Factor in a Truck Accident

In any personal injury case, the fact of negligence must be established. It may be proven that a truck driver engaged in dangerous or reckless driving behavior, was texting while driving, under the influence, or violated the Hours of Service regulations for property-carrying drivers from the FMCSA (Federal Motor Carrier Safety Administration). The truck manufacturer, maintenance company, parts manufacturer or other party be found negligent cases in which a vital safety system failed, contributing to the collision. Every case requires extensive research.

Frequently Asked Questions 

At Rosenberg, Minc, Falkoff, and Wolff, LLP, our New York truck accident lawyers are dedicated to protecting the rights of every New Yorker who has been harmed by negligent truck drivers and their companies. We have gathered a list of the most asked questions (and their answers) for our clients and potential clients to review. 

If you have questions other than the ones on our list or would like to talk about these topics further, you can complete our online form to schedule a FREE consultation.

1. What will I have to do for my truck accident case?

All you need to do is to focus on yourself and get better. Make sure you can make it to all of your doctor’s appointments and follow his or her orders. Be sure to record or document how your everyday life is affected by your injuries, both physically and mentally. 

Equally important is to take the necessary steps to protect your privacy. Don’t talk to anyone about your case except your personal injury attorney. And take a break from social media.

2. What will my personal injury attorney handle for me? 

The New York truck accident lawyers of our full-service personal injury law firm will manage all aspects of your personal injury lawsuit. This may include:

  • filing your property damage claim
  • communicating with the insurance company and 
  • keeping track of your medical records

We will also conduct an independent investigation to determine the cause of your accident to discover every possible at-fault party as additional sources of compensation. Furthermore, we will retain financial professionals and medical experts to help assess your claim. This will help us determine precisely what your case is worth. 

3. How Long Do You Need to File a New York Truck Accident Lawsuit? 

Generally, the statute of limitations or the time limit to file a personal injury lawsuit is 3 years. You have to file a personal injury claim within 3 years from the day you were involved in a commercial truck accident. 

The specifics of your case can influence if you have more or less time to act. However, waiting too long to file a lawsuit could result in not getting any compensation at all.

We understand that a catastrophic accident can take weeks or months for victims to get back on their feet. Worse, they may even face a lifelong disability. 

But if you are in such a situation, it’s crucial that you immediately assert your right to demand compensation after your truck accident. If you hesitate, you could lose out on valuable money.

4. How long will my personal injury case take?

Every lawsuit takes time to resolve. And it will be up to you to decide how you want it to proceed. How long will it take your case to resolve depends on a few factors.

First, it is crucial that you take time in getting better. Once you have fully recovered from your injuries, it is by then we can estimate how much damage you have sustained.

Second, understand that it is you who decides when you should let your lawsuit commence. Keep in mind that you only have 3 years to sue at-fault parties for your injuries. 

Our New York truck accident lawyers will introduce you to every settlement offer and explain whether you can get additional compensation. When necessary, we will aggressively negotiate for your case and fight tooth and nail to take your claim before a judge and jury.

5. How much compensation will I recover for my injuries after a truck accident?

There is no definitive answer to this question as it depends on your situation. Generally, punitive and compensatory are two types of damages that people seek. It is most likely that you are seeking the latter. 

Compensatory damages are when liable parties are asked to pay for the costs acquired because of the victim’s injury or when the victim is recovering from injury. These are usually cut-and-clear costs such as lost wages or how much the victim owes a hospital. But it can also include the cost of pain and suffering, which can be difficult to calculate. 

On the other hand, punitive damages are meant as punishment for responsible parties rather than as compensation for the victims. For this reason, punitive damages are not included in most personal injury lawsuits.

Trial Lawyers for Commercial Truck Accident Cases in New York

At Rosenberg, Minc, Falkoff & Wolff, LLP,  our attorneys have the experience and knowledge to secure the compensation you deserve after a truck accident. We are well-versed in negotiations with insurance companies, and if it is necessary to take your case to court, we have significant experience in trial preparation and presentation.

Contact our New York commercial truck accident lawyers at Rosenberg, Minc, Falkoff & Wolff, LLP today for assistance. We have a success rate of over 95 percent and charge no fees unless we win for you. Schedule a free consultation today.

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