New York Truck Accident Lawyer | Gregory Spektor Law

City truckers are definitely responsible for the truck accident and should be held accountable for their negligence of law.

Our New York truck accident attorneys have represented truck accident victims in various conditions, which include:

Driver Fatigue: When it comes to driving commercial trucks, it is a commonly heard complaint that the trucking agency is forcing drivers to extend their shifts beyond the legally mandated maximum in order to always make sure it to the delivery location on time. Driving a large commercial truck is exhausting work, especially when the driver is behind the wheel for more than 8-10 hours at a time. If the trucker opts to extend his shift which is also against the rules, this can also cause serious fatigue. Without rests and breaks, a truck operator can become extremely tired and not be able to drive as well as usual. This often leads to a serious truck accident involving other automobiles on the road.
Improper Truck Loading: One of the worst things for tractor trailers to be is unsteady on the road because of an improper load. If the cargo was not strapped down correctly or using the right kinds of straps or if the truck was haphazardly loaded, it can present a serious danger on the road, especially if that truck is carrying hazardous materials. When the motorist goes up a hill or takes a turn, a poorly loaded truck could load some of its cargo and cause severe other commercial truck accidents.

Overloaded Trucks: Depending on the type and size of the truck, there are certain weight limits that must be followed. If the weight limit is not followed and there is more cargo on the truck than it can handle, dangerous large garbage truck accidents may occur and cause severe truck accident injuries.

Bad Weather: Obviously, the state of the weather is beyond the control of an individual truck operator, but it is up to the drivers of commercial automobiles to pull over in inclement weather in order to avoid a potential truck accident. Driving through a terrible storm with very low visibility is not worth the risk of causing a large commercial truck accident just to get the cargo to its destination on time.

Improperly Maintained Trucks: It is the duty of the drivers of commercial trucks to ensure that their vehicles are properly maintained and checked prior to their departure. Ignoring the maintenance requirements and industry standards can be the cause of a truck accident and serious injuries as a result.

Truck Malfunctions: There are occasions when the truck itself malfunctions unexpectedly, and the trucker and truck manufacturer may not be able to respond and correct the issue before it causes a serious truck accident. If a defective truck component results in unsafe vehicles on the road, the manufacturer or designer may be held liable for the injuries as well as medical expenses (and even future medical expenses) of the victims. Things such as brake malfunctions and tire defects can have disastrous effects on the road.

Intentional Recklessness of the Truck Driver: Each motorist on the road (trucks, motor machine, SUVs, etc.) is responsible for following the basic rules of the road. When a semi-truck driver disobeys traffic laws by speeding, aggressive driving, changing lanes improperly, not signaling, tailgating, and other rules, it can have serious repercussions on that driver as well as those around the truck

Driving Under the Influence of Drugs or Alcohol: NYC Truckers are held to the exact same standard as every other driver on the road when it comes to intoxicated driving. If a semi-truck operator is operating his or her motor machine under the influence of drugs or alcohol and causes a serious truck accident, there may be severe penalties that accompany those actions. Not only can the driver be held liable for the injuries caused by the truck accident, but also legal ramifications for the crime of drunk driving.

If you or a loved one was involved in a serious trucking accident in New York City and sustained severe injuries or losses, you may be eligible to file a truck accident case against the trucker or the trucking corporation. You deserve to fight for compensation for your injuries from the parties most responsible for the tractor-trailer accident, with your rights left unchanged.

Contact our New York City truck accident lawyers at Gregory Spektor & Associates to find out more about filing a lawsuit and for a free case evaluation to understand the law leading to favorable case results.

Do not let the injuries from serious truck accidents go uncompensated by the careless or negligent truck operators who caused them or the trucking companies responsible for the drivers of their large trucks. It’s crucial to be aware of the statute of limitations, so act promptly to protect your legal rights.

What Are Some Common Types of New York Truck Accidents?

In the cases of passenger automobiles, there may only be so many ways that they can crash into one another. For big rigs and other large trucks, their size and cargo may present a variety of other accident types that you would not be able to get with other vehicles.

These are some of the most common types of tractor-trailer accidents in New York City that our lawyers at Gregory Spektor & Associates have dealt with:

Jackknife
Underride (when a vehicle ends up lodged underneath a truck)
Unsecured cargo
Roll-over
Blindspots
Tire blowout
Wide turn
Rear-end
Pedestrian accident
Garbage truck accident
Bicycle accident
Bus accidents
City Truck Accident

While some of them are certainly possible with other vehicles, others are specific to semi-trucks and have the potential to cause serious, often fatal, injuries to the victims in other automobiles injuries to pedestrians. If you have been involved in a serious truck accident in New York City, contact Gregory Spektor & Associates to discuss your case in a free consultation.

Steps to Take after a Big Rig NYC Truck Accident Has Occurred

Those who have been involved in a serious truck accident in New York, NY need to follow certain steps at the accident scene after the accident occurs. Here are some basic steps to follow:

Call for medical attention and the police immediately
File a truck accident report with the police
Exchange insurance information but DO NOT make a statement to the trucking corporation’s insurance adjusters
Document the scene with photos and videos of the property damage to support your case
Talk to witnesses and obtain statements if you can
Contact your insurance company to report the truck accident
Stay away from social media
Contact an experienced truck accident legal team of lawyers in New York state to fight for justice and compensation for your injuries and losses.

When you follow these basic steps, you are working to ensure that your case has the best possible chance.

Proving liability can be a challenging task, especially when statements are given to insurance companies or fault was admitted at the scene. It is also important that you only speak to your truck accident lawyer in New York City during the process and leave the rest to the legal team.

If a New York truck driver causes an accident that results in serious, life-altering injuries to the drivers and passengers of another motor machine, that driver and the agency he or she represents need to be held responsible for those actions.

Call us at Gregory Spektor & Associates in New York City for a free consultation to discuss your case and determine if you may be eligible to file a claim for truck accident against the driver and/or the trucking corporation.

Types of Injuries Sustained in New York Truck Accidents

When it comes to involvement in a NYC tractor-trailer accident, the resulting injuries and losses can be potentially just as big as the automobiles themselves.

Some of the most common injuries resulting from truck accident cases caused by a driver’s inattention include:

Whiplash
Burn Injuries
Neck Injuries
Permanent Disfigurement
Broken Bones
Internal Organ Injuries
Amputation
Back and Spinal Cord Injuries
Brain Injuries and Head Trauma
Death

When a truck accident has occurred in New York and there are catastrophic injuries, losses, and even deaths as a result, the victims and their families deserve to fight for compensation for the punitive damages.

The attorneys at Gregory Spektor & Associates in New York will work tirelessly to ensure the best possible outcome for your truck accident lawsuit as they understand the law properly.

Your attorney will determine if the truck operator and/or the trucking corporation is at fault, and our New York truck accident attorney will be available to form a legal strategy based on their knowledge of the law that keeps your best interest at the forefront.

From medical bills to lost wages and everything in between that applies to your truck crash case, our NYC lawyers will fight for the compensation you deserve.

What Needs to Be Proven in Truck Accident Cases?

Essentially, in truck accident lawsuits, the key question is “what damages” with the focus on the need to prove who was at fault for the accident. In the case review of an accident in New York involving a tractor-trailer, your attorney will need to demonstrate that the oversight of the truckers, trucking companies, and/or manufacturers was directly responsible for the tractor-trailer accident and there was a violation of laws.

In addition to the obligation to prove negligence, your New York truck accident lawyer must also prove that certain criteria were met in order to file a valid truck accident lawsuit.

These criteria include:

Duty of Care: This refers to the legal obligation that one party has to another party when acting in a certain way. In order to refrain from causing harm, parties cannot be negligent or reckless. For truck accident cases, this relates to the idea that all motorists on the road have a duty of care to act responsibly and refrain from causing harm to their automobiles.

Breach of the Duty of Care: Once the duty of care is established, then the truck accidents law firm will have to show that it was a failure on the part of the truck driver, company, or manufacturer to complete that duty. Disobeying traffic laws or driving under the influence can help to prove these criteria.

Negligence Caused Injuries: The mere existence of inattention does not prove without a doubt that it was the cause of the injuries. An experienced lawyer must be able to demonstrate that the oversight established in the case was the direct cause of the accident.

Damages and Losses Were Suffered: If oversight led to a motor machine accident but no economic (your financial strain such as medical bills) or non-economic damages (pain and suffering) were incurred, then victims may not have grounds for a lawsuit. Insurance companies, especially, need to see that the accidents with truck involvement caused compensatory damages to the victim in order to provide compensation.

Those victims of serious truck accidents deserve to fight for compensation from the negligent drivers or companies responsible for the truck accidents.

It is in the best interests of victims of truck accidents to entrust their cases to New York City truck accident attorneys with years of experience with tractor-trailer accidents and fighting against the trucking industry for maximum compensation.

At Gregory Spektor & Associates, our office attorneys know how to deal with tractor-trailer accidents and are willing to go the extra mile to get you the compensation you deserve when you were injured in a New York truck accident. Contact us for expert legal representation service in your truck accident case in New York.

Which Parties Are Liable for Truck Wrecks?

Accidents that involve commercial trucks, such as big-rig or 18-wheelers, could be complicated as liability may be imputed to multiple parties. Some of the parties that may found to be liable for the accident are as follows:

Trucking Firm: Trucking companies may be deemed at fault if, for example, they hire a new driver that lacks experience. It is essential to prevent serious truck accidents that truck drivers receive extensive training, and abide by all rules and regulations. Additionally, a trucking company may be found liable due to inadequate maintenance of the truck.
Truck Manufacturing Company: Truck crashes may happen when a part of a truck is defective or it malfunctions. Where an accident is the result of a defect, an attorney may bring a case under the doctrine of product liability. In such cases, liability for a defective truck may be attributed to the manufacturer or car company. These parties are held to a standard of strict liability, meaning the party may be found at fault regardless of knowledge or intent.
Other drivers: Accidents may happen due to another driver’s negligence. Examples of negligent driving include speeding, driving under the influence, and distracted driving.
Those maintaining the vehicle: If the trucking company employed a driver whose negligence caused an accident, the trucking company could be found liable and required to pay damages. The trucking company will likely have liability insurance to cover this. However, fault may be attributed to the driver if they are found to be an independent contractor of the trucking company rather than an employee. Some of the factors courts look to in determining whether an individual is an independent contractor are (1) control over the work performed by the individual, which includes the manner and means by which the work is accomplished; (2) financial control, which includes the opportunity for profit and loss based on their investment in equipment,managerial skill; (3) whether there is a written contract and a preexisting relationship between the parties; (4) method of payment; etc.

An experienced attorney will look at the particular facts and circumstances of each case and evaluate all the details that caused the truck collision. They will identify the liable party or parties who caused the accident and will help to file a truck accident lawsuit.

Is the Truck Driver or the Trucking Company the Responsible Party?

When it comes to New York truck accidents, the liability will typically rest on both the trucker and the trucking company. Because the trucker is operating on behalf of the trucking company to transport goods, New York laws state that the company is vicariously liable for any actions that the trucker takes when he or she is operating the truck during the course of employment.

Trucking companies often have far more insurance coverage than any regular automobile driver would have or need to ensure that any type of truck accident is more likely covered and the medical bills of the victims can be paid.

The insurance held by the trucking company will cover the owner of the company as well as the assets of the company itself. Many large companies have insurance policies of $10 million dollars or more.

The insurance company will be the entity that actually ends up paying for the compensation of the victims as long as the victims’ truck accident lawyers in NYC can prove inattention and causation by the drivers of the tractor-trailers.

NYC Truck Accident Injury Data

Countless car accidents take place every year across New York City causing injuries, property damage, fatalities, and severe mental anguish. On October 26, 2023, a seven-year old boy and his mother were hit by a tow truck in NYC, causing them to sustain serious injuries due to the massive size of the truck. Sources indicate that during the first nine months of 2023, the total number of deaths due to truck collisions was 183.

According to New York Vehicle and Traffic Law Section 1146(a), all drivers must abide by all traffic laws and take preventive measures to avoid hitting animals, pedestrians, and cyclists in NYC.

According to a report by the Truck Safety Coalition on truck crash fatalities, in 2021 the number of truck crashes increased by 13% in comparison to 2020. According to the National Highway Traffic Safety Administration (NHTSA), 5,610 people died in truck accidents in the US in 2021. The number of truck crash fatalities is 52% higher than it was in 2010.

Why Should Truck Accident Victims Hire a New York City Truck Accident Lawyer?

There are a variety of reasons why victims of Truck accidents should hire a truck accident attorney to handle their cases.

First and foremost, these types of cases can become very complicated, especially when the insurance company gets involved, and many different proofs of negligence need to be demonstrated.

An experienced NYC truck accident lawyer will be able to gather all of the required evidence, develop a clear strategy, and implement that plan in court to hopefully get the best possible outcome in trial. Knowing the laws that govern truck accidents across the state of New York is also essential so that the burden of proof is met according to the legal system.

The second reason that victims should entrust their truck injury claim to their legal counsel is because these lawyers can help victims to focus on the healing process.

Passenger ride accidents that involve large trucks, not just another passenger automobile, have the potential to cause serious, catastrophic injuries.

There is no reason why a victim should have to contend with the legal system, insurance companies, and the trucking industry while also attempting to be able to recover and move past the injuries. The stress of a court battle to pay for medical expenses and cost can be detrimental to the healing process.

When truck crashes result in the death of a loved one, that person’s family should be focused on the grieving process. In addition to making funeral arrangements, family members must be able to work through their grief and mourn their loss without the stress of legal proceedings and a fight from insurance companies or large trucking companies.

While the families should seek compensation for their loss, they should leave that fight up to professionals like New York Truck Accident Attorneys so that they can grieve and work to accept their losses.

How Much Does It Cost to Hire a New York Truck Accident Attorney?

As with any service, the cost of hiring a New York City lawyer who has experience handling truck accident cases depends on the years of experience of the attorney in question, the novelty and complexity of the case, and the time and labor required. In practice, almost all NYC truck accident lawyers operate on a contingency fee basis. To operate on a contingency fee basis means that the attorney will only be compensated if the attorney is able to obtain money for the client by way of settlement with the Insurance company or through obtaining an award at trial or arbitration.

When a client retains an attorney, they will typically sign a retainer agreement which outlines the terms of payment, which is based on a percentage of your compensation, and which is limited to 33% in most cases. It is crucial to read this agreement to make sure you understand your rights and duties as a client, and to ensure that you understand what percentage is going to the attorney.

If you have been injured in a truck accident, you should consider scheduling a free consultation with our law firm, during which we can discuss your case and answer any questions that you may have.

Contact Our Experienced New York Truck Accident Attorneys

If you or a loved one was involved in a NYC accident with a large truck and/or other passenger motor machine and sustained serious injuries, it is highly recommended to contact Gregory Spektor & Associates in New York for legal advice and representation.

Our NYC team has represented clients injured in all types of accidents, including rollover truck accidents and jackknife situations. We understand the challenges of dealing with trucking companies and insurance agencies when you are a victim.

It’s important to know the laws that apply to truck accidents in New York City to meet the legal burden of proof. Allow our experience to work in your favor! Explore our client reviews to learn about our successful track record.

FAQs on truck accident in New York

1. What if I think I may be partially responsible for a truck collision?
Accidents that involve trucks may be complex. If you believe you may be partially responsible for a truck wreck, it is crucial to hire an attorney right away. An attorney will be able to guide you through the legal process and determine the most reasonable course of action.

New York follows a modified comparative negligence system for cases involving personal injuries and other torts. This means that the plaintiff may recover damages, provided their fault does not reach or exceed 50%. It also means that plaintiff’s damages awards that plaintiff receives are reduced equal to their share of fault for the incident.

2. Should I talk to the insurance company after a truck accident?
You must not give any recorded statement to the insurance company without consulting with your lawyer. However, you must cooperate with the insurance company’s investigation of your accident claim. Legal advice is essential to save you from the insurance company’s bad-faith tactics.

3. How much time do I have to bring a lawsuit?
In New York, the statute of limitations for filing a truck accident claim is three years from the date of the accident. If you have been in a truck accident, you should consider filing a lawsuit by consulting with a legal professional who can guide you in the right direction.

New York City Truck Accident Lawyer

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