Truck Accidents
New York City Experienced Truck Accident Attorneys
Truck Accident Lawyers New York
Carmen "Jack" Giordano
Approximately 49 truck accidents occur daily in New York City. With a population of over 8 million people, there are a multitude of large trucks on the road that deliver packages, groceries, and goods to New Yorkers everyday.
2023 New York Truck Accident Crash Data
In the first nine months of 2023, there were 2,947 Truck and Bus Accidents in New York according to the Federal Motor Carrier Safety Administration. Tragically, 59 people died in the first nine months of 2023 due to catastrophic New York truck accidents and bus accidents. Further: 3,748 people were critically injured in 2023 as a result of accidents involving 18 wheelers, buses, and large trucks on the road in New York. Distracted and unsafe driving was a major contributing factor to these trucking accidents.
New York Large Delivery Vehicle, Garbage Truck, Bus, 18 Wheeler Accidents
In addition to these delivery vehicles, there are garbage trucks, buses, 18-wheelers, and all other large private, commercial, and government vehicles that maneuver the congested streets of NYC constantly. The potential for a truck accident is unfortunately always there. Truck accidents are especially dangerous due to the large size and weight of the vehicle. If you are a truck accident victim, it is important to seek out medical and legal expertise as soon as you can after your accident. In need of a personal injury attorney who handles New York truck accidents? Giordano Law Offices Personal Injury & Employment Lawyers is here to help. Our award-winning attorneys are adept at tackling every angle of your New York City truck accident claim, and you are never charged for an initial consultation. Call our office today to schedule a free consultation: (646) 217-0749.
Institute for Traffic Safety Management & Research
In the USA, every 15 minutes, a person is killed or injured in a commercial truck accident caused by a tractor-trailer, big rig, or semi-truck. Out of 500,000 trucking accidents across the USA every year, 5000 collisions result in death. According to the New York Institute for Traffic Safety Management and Research, in 2022, in New York, there were 126 large truck and bus accident fatalities, making up 11% of the total number of fatalities. This is an increase from 2017, when 93 people were killed in truck accidents. Of the 12,838 truck accidents in New York in 2017, 93 were fatal accidents, 4,096 were non-fatal truck accidents, 199 were large truck pedestrian crashes, 75 were large truck/bicycle crashes, and 50 were large trucks/motorcycle crashes. Most fatalities were caused by the truck driver’s negligence (driver distraction, failure to keep right, speeding, failure to yield right-of-way, bicyclist confusion).
Naturally, as the largest city in the nation, New York City has a disproportionately high number of accidents involving semi trucks, buses, delivery trucks, and other large commercial vehicles. If you’re one of the many truck accident victims in this city, contact a New York truck accident lawyer to discuss your claim in a free, no-obligation consultation.
Important Steps To Take After A Truck Accident in NYC
- If you have been involved in a trucking accident in New York City, there are important next steps to take to ensure that you can get coverage for medical bills, lost wages, emotional trauma, physical trauma, and other financial setbacks that your injury directly contributed to. Oftentimes, truck accident injuries can take time to fully manifest, so it is important to call an experienced truck accident attorney as soon as possible after your accident to ensure your best chance of financial recovery. New York truck accidents have the potential to cause serious injuries like broken bones, brain damage, spinal cord injury, concussions, lacerations, loss of mobility, and death. Competent New York City truck accident attorneys are imperative to ensuring that you obtain the best possible financial recovery because it is in the best interest of insurance companies to challenge who caused the accident, question your credibility, and minimize the seriousness of your injury so that their net payout is less. Without proper and skilled legal representation from a New York truck accident lawyer, you could walk away with far less than you deserve, and worse, you could end up having to pay for medical bills and other financial losses caused by the truck accident. Our New York trucking accident legal team routinely does the following for our New York truck accident clients:
- Conduct a comprehensive and thorough investigation of your truck accident. This is inclusive of canvassing the site for available cameras that may have captured your accident (we have a team of video experts)
- Collect witness testimony and other corroborating evidence that can support your account of the truck accident
- Build a strong legal case that supports your personal injury claim and efforts to obtain a financial recovery
- Prove who is truly at fault — the truck driver, the truck maintenance company, the fleet owner, etc.
- Effectively advocate on your behalf with commercial insurance companies
- Properly evaluate and present your injuries with our team of medical experts to ensure that you receive the maximum compensation for your truck accident claim.
Truck Accident Experts That Advocate For You Against Insurance Companies
When a trucking accident occurs, an insurance company reviews your claim to determine if they are going to pay and, if so, how much that amount is. In New York, depending on the type of accident you have been involved in, there may be a maximum recovery amount. New York City truck accident attorneys at Giordano Law Offices Personal Injury & Employment Lawyers will help to advise you on the recovery amount that you can expect depending on your injuries and the types of vehicles that were involved in your car crash. When you communicate with insurance companies, it is important to do so with legal counsel, as insurance companies have experienced and skilled lawyers that work to protect their financial interests, which typically means a lesser payout for you. If you have been involved in a New York City truck accident, you deserve lawyers that protect your interests! Giordano Law Offices Personal Injury & Employment Lawyers never charges you a penny for an initial consultation, and all motor vehicle accident cases are done on a contingency fee basis which means that you don’t pay us anything unless we are successful and obtain a recovery for you. Giordano Law Offices Personal Injury & Employment Lawyers New York truck accident attorneys aggressively advocate on your behalf and seek the maximum compensation for past and future accident-related medical bills, pain and suffering, lost wages, and other forms of financial relief. Call Giordano Law Firm anytime at: (646) 217-0749.
Common Causes of Truck Accidents
Large commercial trucks have the ability to cause catastrophic injuries and are some of the most dangerous vehicles on our roadways. The Giordano Law Offices Personal Injury & Employment Lawyers truck accident legal team regularly represents individuals involved in trucking accidents like the below:
Accidents Involving Truck Drivers Driving Under the Influence of Drugs and/or Alcohol: Truck drivers must adhere to the same laws and safety expectations as other drivers on the road. If a truck driver goes behind the wheel of an 18-wheeler or another large vehicle while under the influence of drugs and/or alcohol, the repercussions can be devastating and catastrophic. If you have been involved in an accident where the driver was under the influence of drugs and/or alcohol, our attorneys can help you to determine the important next steps to take.
Truck Defect or Malfunction: Unfortunately, some of the largest vehicles on the road can suffer from the same defects that all motor vehicles face – when this defect causes a truck accident, the manufacturer or creator of the auto part may be held responsible for the resultant accident and injuries caused. Here are some common types of truck defects and/or malfunctions:
Brake Malfunction: If the truck driver and/or trucking company has failed to properly maintain the brakes of their trucks by failing to get regular maintenance, the brakes can overheat and malfunction in other ways that can cause an accident on the road. New York State Law requires that trucks pass extensive brake inspections every 12 months, and guidelines on the proper maintenance of brakes are dependent on how many miles the truck in question drives per month.
Tire Defects: New York truck collisions caused by tire failure can cause the truck to roll over, swerve into oncoming traffic, or go off the road. If you have been involved in a serious truck accident caused by tire failure, a truck accident attorney from our New York City law firm may be able to recover compensation to cover your medical costs, pain and suffering, lost wages, and other present and future costs that are due to your injuries from a truck accident. Call today for a free consultation.
Insufficient Underride Protection: An underride guard is an attachment of steel bars to the back or side of a semi-trailer truck or trailer truck. An under-ride guard is designed to prevent a car or small pickup truck from driving under the truck in the event of a collision. Federal law mandates that all tractor-trailers have under-ride guards installed. If the truck in your collision did not have an under-ride guard or if the under-ride guard did not sufficiently prevent your car from going underneath the truck involved in your accident, we may be able to get a financial recovery for you.
Trailer Malfunction: Truck collisions can occur when the trailer becomes disconnected due to broken hitches, a defect in the support chains for the trailer, and because doors and locks are not properly secured
Related: How To Avoid Truck Accidents
Determining Who Is At Fault For Truck Accidents
If you have been involved in a trucking accident, our New York truck accident legal staff is here to help you in your time of need. We have won millions for accident victims like yourself that have been injured due to the negligence of others. Depending on the circumstances of your New York City truck accident, the manufacturer or creator of a defective auto part, the trucking company, and/or the driver of the truck in the accident may be obligated to cover the cost of your current and future medical bills, lost wages, and other damages.
Trucking Company Negligence
Negligent Hiring: Trucking companies have an obligation to hire individuals to drive their commercial vehicles that are qualified and responsible drivers. If someone under their employ has an expired license, has a history of DUI or DWI offenses, previous driving infractions, or a history of driving tickets and/or other driving-related infractions, the company could also be at fault for your accident.
Inadequate training: Truck driving companies have an obligation to ensure that the drivers that they hire pass truck road tests, understand all applicable safety standards and regulations, have training on how to properly handle and transport specialized materials, and that they have the wherewithal and ability to fully handle the commercial truck that they are operating.
Hours of Service Violations: Truck drivers that drive long distances are required to take regular breaks because driver fatigue can cause serious and sometimes fatal accidents. Truck drivers are prohibited from driving over 60 hours over a period of 7 days and must take mandatory breaks after driving 14 hours at a time. If your driver fell asleep at the wheel or if your accident was due to the fatigue of the truck driver, we may be able to get a recovery for you.
Inspection Failures: Trucking companies have an obligation to properly maintain their vehicles. New York state law requires that all trucks on the road pass regular vehicle inspection. Proper maintenance can also include regular maintenance like oil changes, tire rotations, break inspections after large amounts of miles have been traveled.
Truck Driver Error/Negligence: In congested places like New York City, roads are highly trafficked with a multitude of different types of motor vehicles. Roads are often blocked by delivery vehicles, alternate-side-parking mandated double parked cars, garbage trucks, taxicabs picking up people, pedestrians, and more. Large vehicle operators should be alert, properly trained, and have the proper licensing necessary to operate a commercial truck. When truck drivers drive in New York, they should follow all city and state motor vehicle laws and their vehicle should have up-to-date motor vehicle inspection certification. Unfortunately, truck collisions caused by driver error and negligence are a daily occurrence in New York. Some of the different causes of truck accidents due to driver error/negligence are:
Aggressive Driving: Aggressive driving tactics like tailgating, weaving in and out of traffic (excessive lane changing), speeding, and/or not defensively driving have the potential to cause harm to others especially while driving a truck in New York.
Adverse Driving Conditions: New York truck collisions can occur when drivers drive when weather conditions reduce adequate visibility, impede their ability to brake suddenly, or otherwise make it difficult to safely drive a truck.
Overweight Load: Strict federal and New York State laws prohibit trucks from overloading their trucks with amounts that are higher than regulations allow. If you have been in an accident with a truck that was overloaded past the legal limit, it could have impacted the driver’s ability to properly stop and maneuver the vehicle.
Failure To Signal A Turn or Lane Change: The truck driver is in violation of New York driving regulations if they failed to signal a lane change. Additionally, the trucking company may also be at fault if the driver was hired by the trucking company despite a history of driving-related tickets and infractions.
No-Zone or Blind-spot Accidents: Large trucks have known blind spots and while drivers are warned of these “no zones,” which are typically found directly behind the trailer, directly in front of the truck, and on both the drivers and passengers’ sides of the vehicle.
Proving Liability in a New York City Truck Accident Case
When you meet with a New York truck accident lawyer at Giordano Law Offices Personal Injury & Employment Lawyers for your initial free consultation, they will review the details of your case to determine whether or not you have a viable legal claim. In order to successfully pursue damages in a commercial truck accident, our experienced truck accident attorneys will need to establish the following four elements:
1. Duty of Care
New York City truck drivers have a responsibility to operate their vehicles safely. Furthermore, trucking companies in New York and elsewhere have a legal obligation to ensure that their fleet is well maintained and that their truck drivers are complying with federal and state laws. A New York truck accident lawyer will verify that the defendant had a duty of care for their client at the time of the accident.
2. Breach of Duty
The second element of a truck accident lawsuit is that the defendant somehow breached their duty of care. When it comes to semi-truck crashes, this can be complicated. Both the driver and the truck company may be partially responsible for the accident. For example, if the truck company was aware that one of the drivers was abusing drugs or alcohol and continued to allow them to drive, both parties share responsibility. New York truck accident attorneys work with accident reconstruction experts and investigators to determine which parties violated their duty of care.
3. Causation
Truck accident attorneys must also show that the breach of duty caused the accident. In some cases, this is easy to demonstrate. For example, a semi-truck driver takes a turn too quickly and hits a car, causing serious injury to the other driver. In other types of accidents, causation may not be as obvious. That’s why it’s in your best interest to hire an NYC truck accident lawyer who is experienced with all types of truck accident cases.
4. Damages
If you sustained injuries in a tractor-trailer accident, you have damages, even if you haven’t spent any money on your medical care or vehicle damage yet.
If you are uncertain that your New York City truck accident meets the above criteria, contact the Giordano Law Offices Personal Injury & Employment Lawyers for a free consultation with one of our experienced truck accident lawyers. If your case does meet these legal standards, we will help you recover compensation on a contingency basis.
How Do Attorneys Investigate Truck Accidents?
Garbage Truck Accident Lawyers In New York
Speak With An NYC Truck Accident Lawyer Today
At Giordano Law Offices Personal Injury & Employment Lawyers PLLC, we provide experienced and skilled representation to truck accident victims. If you or a loved one has sustained injuries from a truck collision, our New York attorneys can help. Truck Accident and Injury Attorneys at Giordano Law Offices Personal Injury & Employment Lawyers have been ranked in the top 5% in the country by Thomson Reuters Super Lawyers. Platforms like Expertise, Avvo, and Lawyers.com have recognized Giordano Law Offices Personal Injury & Employment Lawyers lawyers with 5 star reviews across the board. When you call Giordano Law Offices Personal Injury & Employment Lawyers after you or your loved one has been injured or has tragically died, you are treated with personal care. You speak directly with attorneys who have successfully won millions for truck accident injury clients. Oftentimes, you are given the personal cell phone number of our leading lawyers that make themselves available to you around the clock. With Giordano Law Offices Personal Injury & Employment Lawyers, we take pride in our customer service and you are treated like an extension of our family. Call us anytime for a free consultation: (646) 217-0749. Additionally, you can email us: Info@Gio-Law.com, or contact us online to schedule a consultation. We look forward to hearing from you soon.
Frequently Asked Questions
Statutes of limitations govern the time limits for filing a lawsuit. These limitation periods are very important, missing the statute of limitations means you are forever prohibited from bringing a lawsuit. Always make sure to consult a competent attorney about your particular case and how long you have to bring it. While every case is different, in New York, you generally have 3 years from the date of an accident or negligence to file a claim against a private party. If your crash involved a government entity, you typically only have 90 days to file a notice of claim and thereafter, you have 1 year and 90 days from the date of the accident to commence the action. It is very important to consult our truck accident legal staff because in each case there are exceptions. For truck accidents, it is also important to note that in both types of claims there are 30 days to file your no-fault application.
In New York, the no-fault truck & car insurance system dictates that after an accident, your personal insurance covers the cost of your medical treatment and out-of-pocket losses. Under New York State Law, if you have sustained severe injuries that limit normal body functions, you can go outside the no-fault system and file a claim.
Every case is unique, when you call our truck accident lawyers, an experienced attorney will listen to the details of your case and from there, we can advise you how long your case will take to litigate. Giordano Law Offices Personal Injury & Employment Lawyers attorneys are award-winning trial attorneys that are prepared to take your case to trial if necessary. While most cases are settled prior to going to trial, our firm is always prepared to aggressively litigate your case in the courtroom.
In some cases, a federal employment discrimination case resolves internally or at the administrative agency level. However, there are situations when a victim needs to pursue a lawsuit or demand arbitration for their discrimination claim.
- New York State Supreme Court. The first instinct of most truck accident victims is to file a complaint with administrative agencies. However, when you first file a complaint with the NYC Human Rights Commission the State Division of Human Rights, you have to wait for the administrative determination before you may be able to file a lawsuit. Filing a lawsuit in New York State Supreme Court or federal court may be the best idea.
- Choose where to file a complaint. Your choice broadens now that you know you can file a lawsuit directly to the N.Y. Supreme court or federal court. You may opt to submit your case to the CHR or DHR first, or you may file a lawsuit with the supreme court. Seeking the counsel of an experienced New York truck accident lawyer is highly crucial in this situation. They can help you choose the best option for your situation.
- Federal court. The majority of discrimination attorneys file discrimination cases in federal court while utilizing federal and state law. This way, the lawyer can help you maximize your compensatory damages. A New York truck accident lawyer can bring discrimination cases to both federal and state courts in most instances.
- File with EEOC first. It’s essential to obtain a Notice of Right to Sue from the EEOC before filing a discrimination claim in court.
- Statute of limitations. Another vital statute of limitations to remember is the one you need when filing a lawsuit for a federal discrimination case. Once you receive the Notice of Right to Sue from the EEOC, you have until 90 days to formally file a lawsuit.
According to the State or City law, a victim doesn’t need to file a complaint with administrative agencies (i.e., CHRS and DHR) before pursuing a lawsuit.
Giordano Law Offices Personal Injury & Employment Lawyers never charges you for an initial consultation and all truck accident cases are done on a contingency fee basis which means you do not pay us a penny unless we are successful and get a recovery for you. Give our office a call and our legal team will transparently outline the type of recovery you can expect.
Every truck accident lawsuit is different and the monetary amount that is ultimately recovered will depend on the circumstances of your case and the type of truck accident injuries that you have. Feel free to call our attorneys at any time, our initial consultations are always free and we will be upfront and honest about the type of recovery that you may be able to achieve. Typically, the estimate will take into account hospital bills, lost wages, and in the case of extreme injury or death — punitive damages.
New York truck drivers are not allowed to drive if their blood alcohol content (BAC) is 0.4% or greater. If you or someone you know was injured in a truck accident where the driver was driving under the influence of drugs or alcohol, both the trucker and the company that hired them may be held accountable for any physical or emotional injuries that you or your loved one faced.
Each situation is unique, but depending on the circumstances of your accident, the truck driver, the owner of the truck, the manufacturer or creator of the defective part, and/or the company that the driver works for could be liable for your accident. It is important to seek legal counsel as soon as you can after you have been injured in a truck collision. Please call our office today at (646) 217-0749.
It is best to not make any statement to the trucking company’s insurance other than to say that you have legal representation. Once you say that, please be sure to call our office to let us know that the insurance company contacted you. It is also important to note that you should never sign anything without your attorney present. The company insurance representatives do not have your best interests in mind and may use things that you say to limit the type of recovery you can obtain. Please feel free to call us anytime for a free legal consultation, (646) 217-0749.
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The Giordano Law Firm was founded by Attorney Jack Giordano. Mr. Jack Giordano is the managing partner and principal at the Giordano Law Firm.