Truck Accidents

New York City Truck Accident Lawyer

25+ Years' Experience & Millions of Dollars Recovered

Our New York City semi-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 NYC are ready to fight for you and every cent that you’re owed.

Call (718) 690-3132 to get started with a free consultation.

Click on any of the topics below to jump to that section on the page:

Pursuing Maximum Damages for Injured Clients

It is essential that truck 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 NYC 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 semi-truck accident attorneys 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.

Overworked and tired truck drivers are also a common cause of truck accidents. Truckers have long hours, but they also do have to follow federal regulations in an attempt to reduce the number of accidents caused by drowsy driving.

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.

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 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.

Truck Accident FAQ

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.
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.
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.
Can a truck driver be fired for an accident?
A truck driver can be fired for an accident if they are an at-will employee. Technically, at-will workers can be fired for any nondiscriminatory reason. The truck driver might keep their job if they are contracted, and that contract doesn’t have a clause to allow the employer to fire them for a crash. However, you shouldn’t worry about the trucker’s job. Worry about your health and finances first.

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 New York City 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.

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