New York Truck Accident Lawyer

According to the New York City Department of Transportation (NYC DOT), a truck in New York is any vehicle or combination of vehicles that has:

• Six tires and two axles
• Three or more axles

Trucks that can be involved in a truck accident in New York include:

• Delivery vehicles
• Tanker trucks
• 18-wheeler tractor trailers
• Large freight trucks
• Garbage trucks
• Fire trucks
• Crane trucks
• Cement trucks

A truck accident in New York can be the result of: 

• Distracted or inattentive driving 
• Driving under the influence of drugs or alcohol 
• Unsafe speed 
• Improper lane use 
• Unsafe lane changing  
• Following too closely 
• Failure to yield the right-of-way 
• Pedestrian or bicyclist confusion 
• Severe weather conditions, such as snow or rain  
• Congested traffic conditions 
• Hazardous road conditions 
• Defective or malfunctioning trucks 
• Worn tires 
• Brake problems 
• An unsecured load 
• Being unfamiliar with the road 
• Poor training 

The most common types of truck accidents in New York extend to: 

• Head-on collisions, in which a truck collides head-first with another vehicle. Head-on collisions may be the result of failure to observe the proper right-of-way, driving under the influence of alcohol or drugs or losing control of the truck after a tire blowout. 
• Rear-end collisions, in which a truck crushes the rear part of another vehicle. The most common reason for rear-end collisions is failure to observe proper distance between vehicles. 
• Truck rollovers, in which a truck is rolled on one side, causing danger for anyone on the road. Truck rollovers can be the result of speeding, manufacturing defects, taking a turn sharply or driving while being distracted. 
• Jackknife accidents, in which the trailer of a large truck with articulated joints between the trailer and the tractor swings its pivot point and creates a folding jackknife shape. Jackknife accidents are typically caused by improper braking maneuvers or turns. The skidding trailer can hit vehicles nearby and push them a great distance, due to the truck’s weight. 
• T-bone accidents, also referred to as broadside crashes or side-impact crashes, in which a truck hits the side of another vehicle creating a T-shape. T-bone accidents can be caused by speeding, violating the proper right-of-way, running red lights or ignoring stop signs.  
• Sideswipe accidents, in which a truck hits another vehicle traveling in the same direction side-by-side. Sideswipe accidents can be the result of road obstacles, tire blowouts, distracted driving or entering the truck’s blind spots. 
• Wide turn accidents, in which a truck driver makes a right-hand turn by swinging the cab wide to the left and circling through the turn to escape the “right turn squeeze.” This maneuver can cause vehicles from neighboring lanes to crash into the trailer or even go under the truck. 

The most common injuries after a truck accident include: 

• Broken bones 
• Soft tissue injuries 
• Spinal cord damage 
• Brain injuries 
• Amputations 
• Paralysis 
• Back and neck injuries 
• Organ damage 
• Chest injuries 
• Burn injuries 
• Respiratory problems as a result of inhaled hazardous substances that a truck transports and spills after an accident 
• Wrongful death 

Following a truck accident, you can sue any party that contributed to the accident, including:

• Truck drivers
• Truck maintenance personnel
• Truck manufacturers
• Cargo shipping vendors
• Companies that leased a truck from the owner
• Other drivers on the road
• Government agencies in charge of overseeing, regulating and maintaining the roads
• Motorcyclists
• Bicyclists
• Pedestrians

After a truck accident:

• Seek medical attention, if your condition allows
• Call the police
• Do not leave the accident scene until the police arrive, unless your condition requires immediate transportation to the hospital
• Gather evidence, such as photos and videos of the accident scene, your injuries, property damage or vehicle position
• Ask witnesses for their contact information
• Do not post accident-related info on social media, as it can negatively affect your case and compensation
• Contact an experienced truck accident lawyer

After a truck accident in New York, you can seek compensation for: 

• Emergency room costs  
• Current and future medical expenses 
• Lost wages 
• Loss of your future earning capacity 
• Pain and suffering 
• Emotional distress 
• Physical therapy 
• Permanent disfigurement and scarring 
• Loss of enjoyment of life 
• Loss of consortium 

To support your truck accident claim, your lawyer can use: 

• The driver’s log book 
• A trip sheet 
• The driver’s route schedule 
• The driver’s time card 
• Inspection reports for up to 30 days before the accident 
• Inspection reports and checklists from the day of the accident 
• Inspection reports and checklists following the accident 

At Spar & Bernstein, we collect and thoroughly document every piece of evidence from your case, to help us secure a successful outcome. 

If you are blamed for a truck accident, you can still recover compensation. New York is a comparative negligence state, which means that the damages you claim will be reduced by the percentage of your fault.  

This means you can pursue compensation even if you are 99% responsible for the accident. 

What does this mean in figures?  

Let’s say, for example, the accident caused damages amounting to $30,000. If you are found 90% responsible for the accident, your compensation will be reduced by 90%.  This means the amount you are rewarded will decrease by $27,000 while the recovery of the other responsible party will be decreased by $3,000. 

You should contact an experienced truck accident lawyer as soon as possible after an accident because a lawyer will evaluate your liability, collect evidence, represent you, manage communication and conduct negotiations on your behalf. 

At Spar & Bernstein, we will ensure all documentation is collected and filed on time and your interests are protected, so you can concentrate on your recovery. 

At Spar & Bernstein, you pay for our representation only once your truck accident case is successfully resolved. The fee amounts to a contingency, i.e. a percentage of the negotiated compensation.  

The free initial consultation we offer allows you to share the details of your truck accident and your concerns, get to know our knowledgeable team and learn how we can help you reach a fair settlement. 

Contact us to set up a free consultation. 

You should file a truck accident claim within three years, starting from the date of the accident. 

If your loved one died in an accident and you want to file a wrongful death claim, you have two years to file a claim. 

Failure to meet these deadlines can cause your case to be denied. 

The people who can file a wrongful death claim after a truck accident include: 

• Partner or spouse 
• Child 
• Sibling 
• Other financially dependent persons 

Truck accidents are more likely to result in serious injuries and fatalities, compared to average passenger vehicle accidents, due to the size and weight of a truck.  

While the weight of an average passenger automobile is approximately 3,000 pounds, the weight of a large, fully-loaded commercial truck can exceed 80,000 pounds. 

According to the National Highway Traffic Safety Administration (NHTSA), there were 121 truck accident-related fatalities in the state of New York in 2017.