Brooklyn Truck Accident Lawyers

25+ Years’ Experience & Millions of Dollars Recovered in Brooklyn

Our Brooklyn truck accident lawyers at Koenigsberg & Associates Law Offices have a deep understanding of both federal and state commercial vehicle regulations, which we gained from more than 25 years of experience protecting the rights of truck accident victims.

If you were hit by a reckless or negligent truck driver, then we should be the first legal team you call for help. We will fight tirelessly to win the maximum awards or settlements for victims of truck and commercial van accidents.

We handle truck accident cases involving the following and more:

Thousands of people across the country are hit by trucks every year – but not all of them get the compensation they need. Don’t get stuck in that statistic! Our truck accident attorneys in Brooklyn, New York are ready to fight for you and every cent that you’re owed.

Hear from Someone We’ve Helped

Pursuing Maximum Damages for Injured Clients

It is essential that 18-wheeler accident cases be handled promptly to preserve evidence, properly investigate the accident in question, and enable physicians and other expert witnesses to evaluate injuries thoroughly. We understand that your pain and suffering as a result of a truck or van accident is not to be underestimated.

One of the many notable settlements we have achieved is a $2.65 million award to a driver who suffered neck and back injuries when his car was struck by a truck. We also secured a million-dollar settlement for a driver struck by a commercial van.

Our Brooklyn truck accident attorneys can pursue damages for the following:

  • Pain and suffering
  • Medical bills
  • Permanent disabilities
  • Lost wages and earning potential
  • Physical and emotional injuries
  • Vehicle repair and replacement

Our truck accident attorneys in Brooklyn, New York should be contacted as soon after the accident as possible. Even as you are undergoing medical treatment in the hospital, important evidence may be lost or destroyed.

Also, because of the limits imposed by statutes of limitations, it’s vital to act quickly to pursue a suitable award.

Common Causes of Truck Accidents

Trailers that aren’t loaded correctly can drastically increase the chance of a truck accident. Uneven weight distribution can increase the chance that the trailer will roll over or jackknife. Loading too much weight into a trailer can cause braking issues and may result in broken axles and tire blowouts.

Unsecured cargo can become loose inside the trailer, causing weight distribution problems or potentially even causing cargo to fly out of the back of the trailer into oncoming traffic.

In addition to being tired, distracted truck drivers can also cause accidents. Distractions such as eating, texting or talking on the phone, and checking their GPS can all cause the driver to take their eyes off the road. Even a split second can make a difference, especially with such a large vehicle.

Some of the most common causes of truck accidents include:

  • Fatigued driving. Truck drivers often drive in long stretches day in and day out. Although the Federal Motor Carrier Safety Administration (FMCSA) has established Hours of Service Regulations limiting the amount of time a driver may drive in one shift and how frequently they are required to take breaks, some drivers ignore these rules in an effort to deliver product faster and make more money.
  • Speeding. The heavier a vehicle is, the more distance is needed in order to bring it to a complete stop. Trailers can weigh up to 80,000 pounds, so the faster the truck drives, the more difficult it will be to stop it quickly enough to avoid a collision. Speeding is an even greater problem in adverse weather, such as when rain makes the roads slippery.
  • Drunk or drugged driving. It is unfortunately not uncommon for truck drivers to use illegal stimulants to keep themselves awake while driving long distances. Drowsy truck drivers who drive while under the influence of illegal drugs, or who have been drinking, pose a serious accident risk to other drivers.
  • Maintenance failures. Because trucks cover many thousands of miles on a regular basis, frequent maintenance is essential. Failing to maintain the engine, tires, brakes, or other critical systems and components could cause a malfunction that leads to an accident.
  • Improper loading of cargo. Trailers have a weight limit and must be loaded evenly and securely. Any imbalance or loose items in the trailer could increase the chances of a jackknife accident or rollover accident.
  • Negligent hiring. Trucking companies may be held liable for a truck accident if they hired someone who wasn’t qualified. Examples of unqualified drivers include drivers without valid CDLs or who have had a number of past citations or accidents.

Truck accident injuries are often severe or catastrophic and result in substantial damages. If you have been injured or have suffered the loss of a loved one in a serious truck accident, you may be entitled to compensation for costs related to the accident, including medical bills, rehabilitation costs, lost wages, lost earning capacity, and more. You may also be eligible for compensation for your pain and suffering and other non-economic damages. Let our firm represent you during this difficult time.

Truck Accidents Caused by Fatigue

The Federal Motor Carrier Safety Administration (FMCSA) has created hours of service regulations that limit how long a trucker is allowed to drive per shift and how often and for how long to take rest breaks. The rules were designed to curb the number of truck accidents caused by tired truck drivers who fall asleep behind the wheel or who are too tired to drive safely.

Prominent hours of service regulations from the FMCSA are:

  • Truck drivers must not work more than 14 hours a day.
  • Truck drivers must spend at least 3 hours each shift not behind the wheel and on break.
  • Truck drivers must not work more than 70 hours a week.
  • Truck drivers must have at least 10 consecutive hours off-duty before beginning a new 11+ hour shift.

You might feel like working for 14 hours, even with 3 hours of break time, is too much, and you would be correct. Many truck accidents can still be correlated to truck driver exhaustion because their shifts are so long.

To make things worse, some truckers are technically exempt from these rules due to wrinkles in the law.

For example, some truckers who travel within 150 air miles of their starting daily location can work any number of hours per day and week. Furthermore, there are truck drivers who want to increase their paychecks by completing more deliveries per day, so they break these regulations and forge their service logs.

Who is Liable for a Truck Accident?

Unlike car accidents, where the liability is generally limited to the driver or the car manufacturer, truck crashes may be caused by a host of factors. This means many different parties may be held liable.

Who may be responsible for a commercial truck wreck?

  • Truck driver
  • Trucking company
  • Cargo loader
  • Truck manufacturer
  • Truck maintenance company

A thorough investigation will need to be conducted to determine what caused the crash and who is responsible. The truck driver and trucking company must inspect all vehicles before departing, and they must abide by federal and state trucking laws. Failing to comply can increase their liability and make your truck accident claim more likely to succeed.

On the other hand, if a mechanical failure caused the big rig accident, or the cargo was not loaded properly, you may be able to file a claim against the manufacturer or loading company. Some trucking companies also hire third parties to perform maintenance of the vehicles.

If the investigation shows that the maintenance crew made a mistake or acted negligently and caused the accident, they may be held liable in court for your injuries and property damage.

What is the average settlement for a truck accident case?

The injuries associated with trucking accidents are often catastrophic and require long-term medical care and assistance, which can add up to be a heavy financial burden. Because settlement amounts can vary depending on a wide range of factors, it’s difficult to estimate an exact amount for settlements. When determining a settlement amount, things such as the severity of the injury, pain and suffering, and medical expenses are taken into an account.

Should you give the trucking company’s insurer a statement?

No, you do not owe the trucking company’s insurer a recorded statement, so you should not give them one. Before you talk to them, you should talk with a truck accident attorney first to discuss what to say and what not to say. You can even instruct your attorney to talk to the insurance company on your behalf.

Does insurance cover everything?

No, insurance policies do not cover everything or all types of damages you might incur after a truck accident. It should cover economic and non-economic damages as much as possible, but punitive damages are not included. A punitive damage is an additional damage ordered by the court to further penalize the defendant, but insurance companies don’t pay that money. It has to be paid by the defendant directly, so courts don’t often approve punitive damages.

Do I need a truck accident lawyer?

There is no legal requirement for you to have an attorney when pursuing a personal injury or wrongful death case, but there is ample reason to have one. First and foremost, having a Brooklyn truck accident lawyer by your side can ensure you have the counsel and guidance needed to navigate the complex legal process while you focus on your physical recovery.

It can also help you avoid mistakes like communicating with insurers. Because trucking companies and their insurance providers are more concerned with profits than people, it is important to remember that compensation is never guaranteed. These parties want to pay you as little as possible. A qualified truck crash attorney can level the playing field.

How do I prove fault and liability?

Proving fault and liability is the focal point of any personal injury or wrongful death case, and it is not always an easy matter. This is especially true in truck wreck cases, where there may be a number of potential causes and where powerful insurance companies and their insurance providers work aggressively to deny, dispute, and underpay victims’ claims.

By working with a proven lawyer who has experience handling truck accident cases, you can benefit from support and resources that can initiate independent investigations and work with experts in order to clearly illustrate how a defendant was negligent and how their negligence more likely than not led to preventable injuries and damages.

How long do you have to file a claim?

New York allows a three-year statute of limitations for truck accident claims, which begins on the date of the collision. If three years pass and you have not filed a claim against the liable parties, then the court will not hear any claims you bring afterward.

Koenigsberg & Associates Law Offices Is Ready to Help

With trucks weighing up to 80,000 pounds, the damage to vehicles, property, and people can be catastrophic. Truck and van accidents not only result in physical injuries or death, but can also be the cause of lost wages, enormous medical bills, and significant emotional trauma.

This is why victims of truck accidents demand the attention of the Brooklyn truck accident lawyers at Koenigsberg & Associates Law Offices to champion their rights and help them obtain the maximum money awards or settlements they are entitled to.

Ready to take action? Request a free initial consultation online or over the phone: (718) 690-3132.