Lawyer for Semi Truck Accident in New York City

As semi truck lawyers for accidents in New York City, we can help you obtain just compensation for injuries arising from someone else's negligence.

Semi-truck accidents in New York often involve high financial stakes due to the catastrophic injuries that can lead to huge medical bills, long recovery times causing lost wages, permanent disabilities needing ongoing care, and severe pain and suffering. Insurance companies frequently resist paying by denying claims, offering low settlements, challenging the severity of injuries, or disputing liability, as their adjusters protect the company's bottom line rather than the victim's interests.

Trucking companies and defense lawyers also try to reduce the amount they pay by arguing that the truck driver was an independent contractor, claiming that the accident was caused by another party, or attempting to minimize the extent of the victim's damages. They may even blame the victim to lower the insurance payout, arguing that the victim was partially at fault for the accident, claiming that the victim's injuries were pre-existing or unrelated to the crash, or trying to shift blame to the victim to reduce their liability.

At the Law Offices of Albert Goodwin, we fight these tactics by thoroughly investigating the accident to gather evidence of negligence, working with experts to establish the extent and cause of injuries, negotiating aggressively with insurers to demand full and fair compensation, and preparing to take cases to trial when necessary to protect our clients' rights.

Leading Causes of Truck Accidents

Driver error is a leading cause of truck accidents, as human factors contribute to a significant portion of these crashes. Driver mistakes and negligence are common catalysts for accidents, and truck drivers are not immune to the errors that plague all motorists. The size and weight of trucks can magnify the consequences of driver error. Truck drivers are often under pressure to meet unreasonable deadlines, as trucking companies prioritize speed and efficiency over safety. Drivers may feel compelled to rush or take risks to meet tight schedules, and unrealistic expectations can lead to drivers compromising on rest and safety. The pressure to deliver cargo quickly can override the need for caution.

Other causes of truck accidents include distracted driving, such as cell phone use, eating, drinking, or adjusting navigation systems while driving, as well as distractions from passengers, paperwork, or external stimuli. Drowsy driving is another major factor, as long hours on the road can lead to fatigue and decreased alertness. Inadequate rest breaks or sleep deprivation impair driver performance, and falling asleep at the wheel or zoning out due to exhaustion can result in difficulty maintaining lane position, speed, and reaction times.

Speeding or aggressive driving, such as exceeding posted speed limits, tailgating, weaving through traffic, or failing to yield the right of way, can also contribute to truck accidents. Unsafe lane changes, including failing to check blind spots or use turn signals, cutting off other vehicles, and swerving or drifting into adjacent lanes, are also common causes.

Failure to inspect and maintain trucks properly can lead to accidents, as neglecting regular maintenance, ignoring warning signs or dashboard indicators, and allowing trucks to operate with known defects or malfunctions can have serious consequences. Driving under the influence of alcohol, drugs, or medications is another contributing factor, as it can compromise judgment, coordination, and reaction times.

Mechanical issues, such as brake problems, worn tires, and vehicle defects, can also cause truck accidents. Worn or overheated brakes, inadequate brake maintenance, and sudden brake failure can result in the inability to slow down or stop. Insufficient tread depth, underinflated or overinflated tires, and tire blowouts can compromise traction, handling, and stability. Malfunctioning components, defective parts, inadequate safety features, and manufacturing or design defects can all increase the risk of accidents or injuries.

Who Can Be Held Responsible for a Truck Accident?

The truck driver can be held liable for his own negligent actions or inactions, such as violations of traffic laws, distracted driving, fatigue, or failure to follow regulations. The driver's personal insurance policy may provide some coverage for damages.

The trucking company that employs the driver can also be held liable for their actions under the doctrine of vicarious liability. This doctrine holds employers responsible for employees' negligence when the truck driver is acting within the scope of their employment. Trucking companies have a duty to hire qualified drivers and ensure compliance with regulations, and failure to properly train, supervise, or discipline drivers can result in company liability.

If the trucking company is different from the truck owner, the company that owns the truck can also be held responsible, if the semi-truck was in an unsafe condition. Failure to conduct regular inspections, repairs, or maintenance can lead to liability. If the truck owner knowingly allows an unsafe truck to operate, they may be held accountable, and the owner's insurance policy typically covers damages caused by the truck.

If the truck was leased from another company, that company may share responsibility. The leasing company must ensure that the truck is in good condition before leasing it, and they may be liable if they fail to conduct proper maintenance or repairs on the leased vehicle. The terms of the lease agreement can impact the allocation of liability between parties.

The company responsible for loading the truck may also be held liable for resulting damages if improper loading or securing of cargo contributes to accidents. Overloading, unbalanced loading, or failure to properly secure cargo can shift blame to the loading company, and federal regulations govern the proper loading and securing of cargo on commercial trucks.

If a separate company is contracted to maintain or repair the truck, they may be liable. Failure to properly diagnose or fix mechanical issues can result in liability for the maintenance company, and if faulty repairs or negligent maintenance contribute to an accident, the company may be held responsible. The maintenance company's insurance may provide coverage for their negligence.

If a defective truck part or component contributes to an accident, the manufacturer may be liable. This can include defects in tires, brakes, steering systems, or other critical components. Manufacturers have a duty to design, produce, and test their products to ensure they are safe, and product liability lawsuits can hold manufacturers accountable for defects that cause injuries.

In some cases, the actions of other drivers on the road may contribute to a truck accident. If another driver's negligence causes a collision with a truck, they may share liability. This can include drivers who cut off trucks, merge improperly, or engage in reckless behavior, and the negligent driver's insurance may be responsible for covering a portion of the damages.

Investigating to Determine Cause of Semi-Truck Accident

Investigating to determine the cause of a semi-truck accident involves analyzing the accident scene by examining physical evidence, such as skid marks, debris, and vehicle damage, documenting the position of vehicles, road conditions, and weather at the time of the crash, taking measurements and photographs to create a detailed record of the scene, and identifying potential contributing factors, like road defects, signage issues, or visibility problems. Working with accident reconstruction experts is crucial, as it involves consulting with qualified professionals who specialize in reconstructing complex crashes, utilizing their knowledge of physics, engineering, and vehicle dynamics to analyze the accident, relying on them to create detailed reports, diagrams, and simulations of the crash sequence, and presenting expert testimony to establish the cause of the accident and parties' negligence.

Obtaining trucking company records is another essential step, which includes requesting access to the trucking company's safety records, maintenance logs, and inspection reports, examining records to identify any history of safety violations, equipment malfunctions, or negligent practices, reviewing company policies and procedures related to driver hiring, training, and supervision, and analyzing dispatch records, trip logs, and cargo manifests to establish the driver's activities leading up to the crash. Obtaining driver records and hours is also critical, involving acquiring the truck driver's qualification file, including their commercial driver's license and driving history, examining the driver's medical certification, drug test results, and any history of violations or accidents, reviewing the driver's hours of service logs to determine if they were in compliance with federal regulations, and analyzing electronic logging device data to verify the accuracy of the driver's recorded hours and breaks.

Obtaining black box data is another crucial aspect of the investigation, which includes securing access to the truck's event data recorder (EDR) or "black box" information, analyzing EDR data to determine the vehicle's speed, braking, and other parameters at the time of the crash, using EDR data to corroborate or refute witness statements and other evidence, and relying on experts to interpret and present EDR data in a clear and convincing manner. Interviewing witnesses is also essential, involving identifying and contacting individuals who may have seen the accident occur or have relevant information, conducting thorough interviews with witnesses to gather their observations and recollections, assessing the credibility and consistency of witness statements, and using witness testimony to support or challenge other evidence and arguments in the case.

Lastly, analyzing police reports is a vital part of the investigation, which includes obtaining a copy of the official police accident report filed by responding officers, reviewing the report to understand the initial findings, observations, and statements gathered at the scene, identifying any citations issued, violations noted, or preliminary determinations of fault, and comparing the police report to other evidence and witness accounts to assess its accuracy and completeness.

The Role of New York Contributory Negligence Law

New York follows the doctrine of pure comparative negligence. Under this rule, a plaintiff's recovery is reduced by their percentage of fault, even if the plaintiff is found to be more than 50% at fault. The court determines the percentage of fault attributed to each party in the accident, and the plaintiff's total damages are then reduced by their assigned percentage of fault.

Comparative negligence can impact truck accident cases. The truck driver or trucking company may argue that the plaintiff shares blame for the accident, claiming that the plaintiff's own negligence contributed to the crash or the severity of their injuries. Common allegations of plaintiff negligence include speeding, distracted driving, or failure to yield. If successful, these arguments can reduce the amount of compensation the plaintiff ultimately receives.

However, plaintiff's fault does not bar recovery in New York. Unlike some states that follow modified comparative negligence rules, New York allows recovery even if the plaintiff is mostly at fault. This means that a plaintiff found to be 90% at fault for an accident can still recover 10% of their damages. The pure comparative negligence rule ensures that plaintiffs are not completely barred from recovery due to their own negligence, although the plaintiff's percentage of fault can still significantly reduce their overall compensation.

Determining fault in a truck accident case often requires extensive investigation and evidence gathering. Police reports, witness statements, and accident reconstruction experts can help determine each party's role in the crash. The truck driver's actions, such as speeding, violating hours-of-service rules, or driving under the influence, can demonstrate their negligence. The trucking company's negligence, such as improper maintenance or negligent hiring, can also be a factor in determining fault. The plaintiff's actions leading up to the accident will also be scrutinized to assess their degree of fault, if any.

The allocation of fault between parties can significantly impact settlement negotiations in a truck accident case. The trucking company's insurance carrier may use allegations of plaintiff negligence as leverage to reduce the settlement offer, arguing that the plaintiff's fault justifies a lower settlement amount, as their ultimate recovery would be reduced at trial. Plaintiffs must be prepared to counter these arguments and provide strong evidence of the truck driver or trucking company's negligence. Experienced truck accident attorneys like us can help plaintiffs navigate these negotiations and fight for fair compensation.

If a truck accident case goes to trial, a jury will be responsible for determining the allocation of fault among the parties. The jury will hear evidence and arguments from both the plaintiff and the defendant regarding their respective roles in the accident, considering factors such as the truck driver's actions, the trucking company's policies and practices, and the plaintiff's behavior. The jury will then assign a percentage of fault to each party based on the evidence presented, which will ultimately determine the amount of damages the plaintiff can recover under New York's pure comparative negligence rule.

Time is Limited to File a Truck Accident Lawsuit in New York City

Most personal injury claims in New York, including those arising from semi-truck accidents, must be filed within three years of the accident. The three-year clock starts ticking on the date of the accident, not the date of injury discovery. Failing to file a lawsuit within this time frame can result in the loss of the right to seek compensation. If a truck accident results in a fatality, the surviving family members may pursue a wrongful death claim. Under New York Estates, Powers & Trusts Law section 5-4.1, the statute of limitations for wrongful death claims is two years, beginning on the date of the victim's death, which may be later than the date of the accident. It is crucial for surviving family members to act promptly to preserve their right to seek damages.

Contacting an experienced truck accident attorney like us as soon as possible after the accident is essential. Prompt legal action allows for a thorough investigation while evidence is still fresh and witnesses' memories are clear. Delays in seeking legal representation can hinder the ability to gather critical evidence and build a strong case. Early involvement of an attorney can also help ensure compliance with legal deadlines and procedural requirements. Evidence may be lost or destroyed over time, making it more difficult to prove liability. Witnesses may become difficult to locate or their memories may fade, weakening the case. The trucking company and its insurers may interpret delays as a lack of urgency or seriousness about the claim. Waiting until the statute of limitations is about to expire can limit the time available for negotiation and settlement discussions.

Should you need legal representation in a semi-truck accident, we at the Law Offices of Albert Goodwin are here for you. We represent semi or truck accident victims throughout the state of New York, including all five boroughs of New York City (Manhattan, Brooklyn, Queens, The Bronx, and Staten Island), Long Island, and Upstate New York. You can call us at 212-233-1233 or send us an email at [email protected]. We are located in Midtown, Manhattan.