With nearly 8.4 million people calling NYC home and an average of 60 million visitors each year, truck traffic is instrumental to the success of the city. Unfortunately, this can increase the chances of injury for unsuspecting individuals. If you or a loved one has been injured or lost their life in a collision involving a commercial vehicle, a New York truck accident lawyer may assist with your claim.
Omni Injury and Accident Law, P.C. is dedicated to helping victims recover damages for their injuries. We don’t just take on cases; we develop personalized legal strategies tailored to achieve the best outcomes for you because your case is unique and important to us.
Let an experienced and skilled attorney help with your injury claim. Contact us now to schedule your free case evaluation at 646-503-0404.
How Can New York Truck Accident Attorney Help You?
If you’ve been involved in a truck accident in New York and sustained injuries, a New York personal injury attorney at Omni Injury and Accident Law, P.C. can be a valuable asset. Our legal team will help you navigate the legal process and recover compensation for your damages.
Our truck accident attorneys will assist you by:
- Truck Accident Investigation: Our experienced New York truck accident lawyer will thoroughly investigate the accident scene, gather evidence like police reports, witness statements, and truck driver logs. They can also consult with accident reconstruction and truck accident experts to determine how the accident happened and who was at fault.
- Identifying All Liable Parties: Truck accidents can involve more than just the driver. Your attorney can investigate the trucking company, maintenance providers, loaders, or any other parties whose negligence may have contributed to the accident.
- Building a Strong Case: Your lawyer will gather medical records to document your injuries and their connection to the accident. They’ll also factor in lost wages, future medical needs, and pain and suffering to calculate the full extent of your damages.
- Truck Accident Settlements: Truck insurance companies have a lot of resources and may try to offer a lowball settlement. Your lawyer has experience with settlement negotiations and can fight for your deserved compensation.
- Taking Your Case to Court (if necessary): While most cases settle out of court, our attorneys are prepared to represent you in court if necessary. They have the courtroom experience to present your case effectively.
- Handling the Legal Process: Personal injury lawsuits have strict deadlines. We can ensure all paperwork is filed correctly and on time to protect your right to compensation.
If you’re unsure whether you need a New York City Truck accident lawyer, consulting with one for a free initial evaluation is wise. We can assess your case and advise you on your legal options.
Common Causes of Truck Crashes in New York
Driver error is a leading cause of commercial vehicle accidents in New York City, including speeding, negligent driving, improper lane changes, failure to yield, following too closely, distracted driving, and driver fatigue.
Other common causes of truck accidents in New York City include, but are not limited to:
- Failure to check blind spots before changing lanes or making maneuvers.
- Reduced visibility, slippery road surfaces, and poor traction.
- Stop-and-go traffic, frequent lane changes, and limited maneuvering space.
- Failure to yield to pedestrians in crosswalks, improper turns, or door-zone accidents involving cyclists.
- Improper loading or cargo securement.
- Violation of federal trucking regulations.
- Lack of proper training, experience, or familiarity with the unique challenges of driving in NYC.
- Truck maintenance issues and mechanical errors.
Common Types of New York Truck Accidents
Like other vehicles, there are various types of tractor-trailer crashes. However, some kinds are unique to or more common with large trucks. Some of these common types of commercial vehicle accidents are:
- Jackknife accidents: Jackknifing occurs when a semi tractor and trailer folds on itself. In these cases, the trailer moves forward toward the cab creating a “V” shape like a jackknife.
- Rollover truck accidents: Due to its higher center of gravity, large trucks are at a higher risk for rolling over in a crash. Numerous factors like weather, attempting to avoid a collision, improperly loaded cargo, and speed may lead to a rollover.
- Underride accidents: When a small vehicle drives up underneath or becomes wedged under a truck, this is known as an underride accident. This is common if the car hits the truck from behind.
- Override accidents: An override occurs when a truck drives over the top of another vehicle. This is common in rear-end collisions.
- Rear-end truck collisions: The stopping distance of a truck is roughly twice the stopping distance of a car, weight and speed can also factor into this. If a truck driver is not paying attention or is following too closely, they may not be able to stop in time, causing an accident.
- Wide-turn accidents: Trucks have a much wider turning ratio than cars. If a truck driver underestimates this, it can cause them to collide with other vehicles.
- Blindspot accidents: Truck blindspots are much larger than the average passenger vehicle. If a driver fails to check their blindspots before maneuvering the truck, it may lead to a sideswipe collision.
- Cargo accidents: Unsecured cargo, overloaded trucks, or improperly loaded cargo can cause drivers to lose control of the trailer or for cargo to fall off. These hazards can cause a crash.
- Tire blowouts: The stress on the tires of large trucks can lead to blowouts. These incidents may cause the driver to lose control and lead to debris in the road, creating a hazard.
NYC Truck and Commercial Vehicle Accident Injuries
The results of a collision with a large truck can be devastating. Due to their size, catastrophic injuries are not uncommon. Some injuries that can result from a CMV accident include:
- Fractures: Broken bones are caused by any trauma that completely or partially breaks the bone. Victims may require surgery or physical therapy to rehabilitate the injury.
- Lacerations: Victims may be cut or scratched by sharp objects, metal, or broken glass during a crash. Severe lacerations may require stitches and cause permanent scarring.
- Burns: Contact with hot surfaces, electrical wires, and chemicals may lead to burns. Serious burns can be disfiguring.
- Traumatic Brain Injuries: TBIs occur when the brain bounces inside of the skull. Concussions are a minor form of TBI. More serious brain injuries may lead to cognition, memory, and motor function issues.
- Neck and Back Injuries: Strain to the muscles and ligaments in the neck and back are among the most common injuries to occur in truck accidents. Whiplash is a common example.
- Internal Injuries: Damage to organs and internal bleeding may result from tractor-trailer crashes. These are serious injuries that require immediate medical attention.
- Spinal Cord Injuries: Damage to nerves, vertebrae, and discs can be painful and debilitating. It may cause muscle weakness, nerve pain, or paralysis.
- Amputations: Limbs may be lost during an accident. Additionally, medical amputation may be required if the injury is too severe or an infection occurs.
- Post-Traumatic Stress Disorder: Being involved in a crash may cause PTSD. This can cause nightmares, flashbacks, and distress lasting months or years post-accident.
- Death: Unfortunately, death may result, leaving families grieving and struggling financially. A lawyer may assist with wrongful death claims and securing justice for survivors.
If you have been injured or lost a loved one in a commercial vehicle accident caused by truck driver negligence or trucking company negligence in New York, contact our NYC truck accident attorneys today to discuss your case during a free consultation.
What to Do After Truck Accidents in New York City
Prioritizing your health, safety, and victim rights is important after a tractor trailer accident. The statute of limitations for filing truck accident lawsuits is just three years from the date of the accident, so prompt action is crucial.
Some steps victims should take after 18-wheeler accidents include:
- Getting to safety and contacting emergency services.
- Reporting the accident to the proper authorities.
- Seeking immediate medical attention.
- Taking photos and videos of the accident scene, vehicle damage, and visible injuries, if possible.
- Keeping records of all communication, documents, and receipts associated with the accident.
- Seeking legal representation for assistance with your claim.
Once you’ve engaged an attorney, they can handle the legal process and manage your claim.
Truck Accident Statute of Limitations in New York
Making a timely filing of your injury claim is crucial. Failing to file your claim before the statute of limitations expires could mean forfeiting your right to recover compensation.
With limited exceptions, the deadline to file an injury lawsuit after a truck accident is three years from the date of the accident. The statute of limitations may be longer or shorter depending on certain circumstances.
Some exceptions to the three year rule are:
- If a minor was injured, the clock does not start running until their 18th birthday.
- If a person has a serious mental health condition, the clock does not start running until they are able to make legal decisions.
- If the defendant is a government agency, a notice of claim must be filed within 90 days and a lawsuit must be filed within one year and 90 days.
- For a wrongful death claim, the statute of limitation is just two years from the date of death.
A knowledgeable New York truck accident lawyer may review the facts of your case and identify the statute of limitations. This is crucial for making a timely filing and preserving your right to compensation.
What Damages are Available for a Truck Crash in New York?
When the time comes to secure compensation, it is crucial to know what damages are available in your case. These include compensatory damages for economic and non-economic losses and punitive damages if the defendant in a malicious, reckless, or egregious manner.
Economic damages are the financial losses you sustained as a result of the accident. These include losses like:
- Medical expenses
- Cost of rehabilitation
- Lost wages
- Permanent disability
- Property damage
Non-economic damages, on the other hand, are the non-financial and non-tangible losses. These can be harder to quantify and include damages like:
- Pain and suffering
- Loss of enjoyment of life
- Loss of consortium
- Emotional distress
- Permanent scarring and disfigurement
Punitive damages verdicts are rare and, as previously mentioned, are available only in limited circumstances. There is no cap on the amount of punitive damages that may be awarded. New York also does not impose a cap on compensatory damages.
Filing a Wrongful Death Claim After a Truck Accident in New York
When a person is killed by a negligent trucker or trucking company, families suffer. A wrongful death claim allows surviving families to get justice. Only certain damages are recoverable for wrongful death claims under New York law.
Damages that may be recovered include:
- Medical expenses
- Funeral and burial expenses
- Lost wages
- Loss of services
- Loss of inheritance
- Pain and suffering suffered by the victim prior to death
Generally, families may not recover for their own distress, grief, and suffering resulting from the death.
Which Parties Are Liable for New York Truck Accidents?
Determining truck accident liability can be complex, as multiple parties may share responsibility depending on the circumstances of the accident. That may include the following:
- Truck Driver
- Trucking Company
- Truck Owner
- Freight Shipper or Broker
- Maintenance and Repair Companies
- Manufacturers of Defective Parts
Additionally, New York is a pure comparative negligence state. This means that even if you are partially responsible for your injuries you can recover compensation. Any recovery will be reduced by your assigned percentage of fault.
At Omni Injury and Accident Law, P.C., we meticulously investigate your matter, gather evidence, and prepare a thorough case with all possible claims. We will also communicate and negotiate with the liable party’s insurance company. Our goal is to produce tangible results for our clients by fighting for their current and future financial needs so they can regain control of their lives.
What Needs to Be Proven in Truck Accident Cases?
Most injury cases are based on the theory of negligence. In these cases, the injured party claims that the defendant’s negligent behavior was the cause of their injuries and the defendant is responsible for compensating them.
To prove negligence, the injured party must show that:
- The defendant owed them a duty of care
- The defendant breached that duty
- The breach was the cause of the injuries
- The injured party suffered actual damages as a result
Each of these four elements must be proven to make a claim based on the theory of negligence. An experienced lawyer may assist with building a case, determining the liable party, and applying New York injury law to your claim.
New York Truck Accident Statistics
Preliminary data shows that 3,365 trucks were involved in crashes in New York in 2024 according to Federal Motor Carrier Safety Administration data. These accidents resulted in 93 fatalities and 3,745 injuries.
These numbers are down from 2023, which saw 3,697 trucks involved in 3,551 crashes. There were 105 fatalities that year and 4,049 injuries.
In New York City, 481 large trucks were involved in crashes as of NYPD’s November 2024 collision report. Brooklyn saw the highest percentage of truck crashes, with 195 large trucks involved in collisions.
Like statewide numbers, NYC numbers were down from 2023 with 536 large trucks involved in accidents that year. Brooklyn also had the most truck crashes that year, totalling 169.
How Much Does It Cost to Hire a Truck Accident Attorney in New York?
After suffering truck accident injuries, you shouldn’t have to worry about the cost of hiring a lawyer. At Omni Injury and Accident Law, P.C., we work on a contingency fee basis. This means that you don’t pay until we recover compensation for you.
Typically, our fee is a percentage of the total settlement or verdict you recover. During the free initial consultation, we will discuss our fee and any other costs that may be associated with your case.
Contact Our New York Truck Accident Lawyer Today
If you have been injured in a truck accident, don’t hesitate to seek the support and compensation you deserve. Contact a New York truck accident attorney at Omni Injury and Accident Law, P.C. today for a free consultation.
We will fight for your rights so you can focus on healing and moving forward. Your well-being is our priority, and we are here to guide you every step of the way.
