New York City Truck Accident Lawyer

Common Causes of Truck Accidents in New York City

Neck injuries

Back injuries

Traumatic brain injuries (TBIs)

Spinal cord damage

Crush injuries

Nerve damage

Whiplash

Amputation

Chest injuries

Leg and arm injuries

Internal organ damage

Internal bleeding

Truck accidents in New York City occur for many reasons, often involving violations of federal and state safety regulations. Understanding the cause of your accident helps establish liability and strengthens your claim for compensation.

Driver Fatigue and Hours-of-Service Violations

Federal regulations limit the number of hours truck drivers can operate their vehicles without rest. The Federal Motor Carrier Safety Administration (FMCSA) requires drivers to take mandatory rest breaks. The FMCSA also limits driving time to prevent fatigue-related accidents. However, when trucking companies pressure drivers to meet unrealistic delivery schedules, fatigue becomes a serious safety hazard. Drivers may falsify their logs. In both cases, fatigue becomes a serious safety hazard.

Distracted Driving

Truck drivers who use cell phones, check GPS devices, or eat while driving put everyone at risk. Other distracting activities also create dangers. A distracted truck driver may fail to notice stopped traffic, pedestrians in crosswalks, or changing traffic signals.

Speeding and Reckless Driving

Commercial trucks require significantly more time and distance to stop than passenger vehicles. Truck drivers who speed, follow too closely, or drive aggressively create dangerous situations. These behaviors can cause serious accidents in NYC traffic.

Improper Loading and Overweight Trucks

Cargo that exceeds weight limits or that workers improperly secured can cause trucks to become unstable, making them difficult to control. Overweight trucks also require longer stopping distances and put excessive stress on braking systems. The FMCSA’s cargo securement regulations establish specific requirements for properly loading and securing cargo.

Poor Truck Maintenance and Mechanical Failures

Trucking companies must maintain their vehicles according to federal safety standards. Brake failures, tire blowouts, steering problems, and other mechanical issues often happen because of inadequate maintenance and inspection practices. Vehicle defects can also contribute to serious accidents.

Inadequate Driver Training

Operating a commercial truck requires specialized skills and training. Trucking companies that fail to properly train their drivers or hire unqualified drivers create serious safety risks. The FMCSA driver qualification standards establish minimum requirements for commercial drivers.

Driving Under the Influence

Truck drivers who operate their vehicles while impaired by alcohol, illegal drugs, or prescription medications violate federal regulations and endanger everyone on the road. DUI accidents involving commercial trucks often result in catastrophic injuries.

Blind Spots and Failure to Check Mirrors

Large trucks have significant blind spots on all sides. Drivers who fail to check their mirrors before changing lanes or turning create serious risks. They can collide with vehicles, motorcyclists, or pedestrians they cannot see.

Weather Conditions and Failure to Adjust Driving

Truck drivers must adjust their speed and driving behavior for rain, snow, ice, and other adverse weather conditions. Failure to slow down or use proper caution in bad weather contributes to many truck accidents.

FMCSA Regulation Violations

The trucking industry operates under strict federal regulations covering driver qualifications, vehicle maintenance, cargo securement, and operational safety. Violations of these regulations often play a role in truck accidents and establish negligence in personal injury claims.

Who Can Be Held Liable in a NYC Truck Accident?

Truck accident cases often involve multiple potentially liable parties. Identifying all responsible parties helps you pursue compensation from every available source.

Truck Driver Negligence

The truck driver bears primary responsibility when their negligent actions cause an accident. Driver negligence includes speeding, distracted driving, driving while fatigued, violating traffic laws, and failing to properly control their vehicle.

Trucking Company Responsibility

Under the legal doctrine of respondeat superior, trucking companies may face liability for accidents caused by their employees acting within the scope of their employment. Companies may also face direct liability for negligent hiring, inadequate training, failure to maintain vehicles, or pressuring drivers to violate hours-of-service regulations.

Cargo Loading Companies

Third-party companies that load cargo onto trucks must follow proper procedures to ensure loads are balanced and secured. Improperly loaded cargo that shifts during transport or falls from the truck can cause serious accidents.

Truck Maintenance Companies

Companies responsible for maintaining and repairing commercial trucks may face liability when mechanical failures resulting from inadequate maintenance or faulty repairs cause accidents.

Truck Manufacturers

Defective truck parts or design flaws can contribute to accidents. Manufacturers may face liability under product liability laws when defective brakes, tires, steering systems, or other components cause or contribute to an accident.

Third-Party Contractors and Delivery Services

The rise of third-party delivery services has complicated liability in truck accident cases. Companies like Amazon often use independent contractors for deliveries, creating questions about corporate liability. The Graves Amendment limits rental company liability in some situations, but exceptions exist when companies maintain control over operations or engage in negligent practices.

Government Entities

Poorly maintained roads, inadequate signage, dangerous intersections, or other roadway defects may contribute to truck accidents. Government entities responsible for road maintenance may share liability in these cases, though special notice requirements and shorter deadlines apply to claims against government defendants.

Multiple Party Liability

Many truck accidents involve shared fault among multiple parties. New York follows a pure comparative negligence rule. This allows injured parties to recover damages even when partially at fault. However, compensation is reduced by their percentage of fault.

Federal and New York Trucking Regulations

The trucking industry operates under comprehensive federal and state regulations designed to promote safety. Violations of these regulations often establish negligence in truck accident cases.

Federal Motor Carrier Safety Administration (FMCSA) Regulations

The FMCSA establishes and enforces safety regulations for commercial motor vehicles operating in interstate commerce. These regulations cover virtually every aspect of trucking operations.

Hours-of-Service Requirements

FMCSA hours-of-service rules limit driving time to prevent fatigue-related accidents. Current regulations generally limit drivers to 11 hours of driving after 10 consecutive hours off duty. Drivers also face a maximum 14-hour work window. Drivers must take a 30-minute break after 8 hours of driving. Weekly limits restrict drivers to 60 hours on duty in 7 consecutive days or 70 hours in 8 consecutive days.

Driver Qualification Standards

The FMCSA establishes minimum qualifications for commercial truck drivers, including age requirements, medical certification, knowledge and skills testing, and background checks. Drivers must hold a valid commercial driver’s license (CDL) appropriate for the vehicle they operate.

Vehicle Maintenance Requirements

Federal regulations require systematic inspection, repair, and maintenance of commercial vehicles. Trucking companies must keep detailed maintenance records and ensure vehicles meet safety standards before operating on public roads.

New York State Department of Transportation Rules

The New York State Department of Transportation enforces additional regulations for commercial vehicles operating within the state. These rules address vehicle registration, permits, weight limits, and safety requirements.

NYC-Specific Commercial Vehicle Regulations

New York City imposes additional restrictions on commercial vehicles, including route restrictions, time-of-day limitations, and special permit requirements for oversized vehicles. The city’s narrow streets and dense traffic require truck drivers to drive with extra care.

Electronic Logging Device (ELD) Requirements

Federal regulations require most commercial trucks to use electronic logging devices to automatically record driving time and ensure compliance with hours-of-service rules. ELD data provides crucial evidence in truck accident investigations.

Weight and Size Restrictions

Federal and state laws limit the weight and dimensions of commercial trucks. Overweight or oversized vehicles require special permits and must follow designated routes. Violations of weight restrictions contribute to accidents by affecting vehicle handling and braking performance.

Investigating Your Truck Accident Claim

Thorough investigation is the foundation of a successful truck accident claim. Parker Waichman LLP conducts comprehensive investigations to gather evidence, establish liability, and document damages.

Evidence Preservation and Collection

Time is critical in truck accident cases. Companies can lose, destroy, or degrade evidence if not preserved quickly. Our attorneys take immediate action to protect crucial evidence.

Scene Documentation and Photography

Our team documents the accident scene through photographs and video, capturing vehicle positions, road conditions, traffic control devices, skid marks, debris patterns, and other physical evidence. Scene documentation must occur quickly before weather, traffic, or cleanup efforts alter conditions.

Police Reports and Accident Reports

Official accident reports provide important information about the crash, including officer observations, witness statements, and preliminary fault determinations. Additionally, we obtain all available reports and investigate any discrepancies or incomplete information.

Witness Statements

Eyewitness testimony can provide crucial information about how the accident occurred. Next, we identify and interview witnesses while their memories remain fresh, obtaining detailed statements about what they observed.

Surveillance and Dashcam Footage

Many NYC businesses, buildings, and vehicles have cameras that may have recorded your accident. We work quickly to identify and preserve video evidence before it is deleted or recorded over.

Black Box/EDR Data Retrieval

Most commercial trucks contain electronic control modules (ECMs) or event data recorders (EDRs) that record vehicle speed, braking, engine performance, and other operational data. This “black box” data provides objective evidence about the truck’s operation before and during the accident. We send preservation letters to trucking companies immediately to prevent data from being deleted or overwritten.

Driver Logs and Electronic Records

Federal regulations require truck drivers and companies to maintain detailed records of driving time, rest periods, vehicle inspections, and maintenance. We obtain and analyze these records to identify hours-of-service violations, inadequate maintenance, or other regulatory violations.

Truck Maintenance Records

Maintenance records reveal whether the trucking company properly maintained the vehicle and addressed known mechanical issues. Gaps in maintenance or deferred repairs often contribute to accidents.

Hiring Accident Reconstruction Experts

Complex truck accidents may require accident reconstruction experts who use physical evidence, vehicle data, and scientific principles to determine how the accident occurred. These experts can recreate the accident, calculate vehicle speeds, analyze sight lines, and provide testimony about causation and fault.

Compensation Available in NYC Truck Accident Cases

Truck accident victims may recover compensation for all losses resulting from their injuries. New York law allows recovery of both economic and non-economic damages.

Medical Expenses

Compensation includes all medical costs related to your injuries, including emergency room treatment, hospitalization, surgery, doctor visits, physical therapy, rehabilitation, prescription medications, medical equipment, and home health care. You can also recover compensation for future medical expenses when your injuries require ongoing treatment.

Lost Wages and Loss of Earning Capacity

If your injuries prevent you from working, you can recover compensation for lost income. This includes wages lost during your recovery and future earnings if your injuries result in permanent disability or reduced earning capacity. Economic experts can calculate the present value of future lost earnings based on your age, occupation, education, and career trajectory.

Pain and Suffering

New York law allows recovery for physical pain, emotional distress, and mental anguish resulting from your injuries. Pain and suffering damages compensate you for the physical discomfort, emotional trauma, anxiety, depression, and reduced quality of life caused by the accident.

Property Damage

You can recover the cost to repair or replace your vehicle and any other personal property damaged in the accident.

Disability and Disfigurement

Permanent disabilities and disfiguring injuries deserve additional compensation for the lasting impact on your life, appearance, and ability to engage in activities you previously enjoyed.

Loss of Enjoyment of Life

When injuries prevent you from participating in hobbies, recreational activities, or daily activities you previously enjoyed, you can recover compensation for this loss.

Wrongful Death Damages

When a truck accident results in death, surviving family members may pursue a wrongful death claim. Wrongful death damages include funeral and burial expenses, loss of financial support, loss of companionship and guidance, and the decedent’s pain and suffering before death.

Frequently Asked Questions About NYC Truck Accidents

If a truck accident injured you or a loved one in New York City, contact Parker Waichman LLP today for a free consultation. Our experienced truck accident attorneys serve clients throughout Manhattan, Brooklyn, Queens, the Bronx, and Staten Island. We fight to secure the compensation you deserve for your injuries, medical expenses, lost wages, and pain and suffering. Call (212) 267-6700 or complete our online contact form to speak with an attorney about your case.