Truck Accidents

Truck accidents often result in serious or fatal injuries, just because of the physics involved when a huge truck hits a small passenger vehicle, a motorcycle, a pedestrian or a bicycle. These can also be complex cases with difficult issues of liability and complicated insurance issues. There may even be different policies for the truck and the trailer.

Thousands of commercial delivery trucks and vans move across the boulevards and avenues of New York City every day, carrying small packages of goods and products to businesses front doors and loading docks. These vehicles must negotiate crowded city sidewalks and streets, often with drivers who require little or no special training or licensing to operate the large vehicles.

We have experience representing plaintiffs injured in commercial van and truck accidents such as FedEx or UPS van accidents, food and produce delivery van accidents, messenger service vehicle accidents and semi-tractor trailer accidents. Insurance issues involving commercial delivery trucks is complex and insurance companies fight hard to avoid paying full and fair compensation. Our attorneys navigate the complex issues of insurance coverage and liability that often arise.

Things to know before seeing an attorney

If you were hurt in an accident involving an 18-wheeler, delivery truck, bus or other commercial vehicle, your attorney needs to be able to navigate the complex issues of insurance coverage and liability that often arise. In the event your (or your loved one's) injuries are catastrophic and life-changing you can count on our extensive experience dealing with the complex medical and life-care issues involved in preparing your case for maximum financial recovery.

Common Causes of Truck Accidents

There are many reasons why truck accidents happen, many of which are result of negligence on the part of truck drivers and/or their trucking companies. Semi trucks, given their sheer size and weight, are more dangerous than cars and passenger vehicles. Therefore, even the smallest distraction or oversight can cause a serious problem that results in catastrophic or fatal injuries.

Common causes of truck accidents include:

  • Driver fatigue
  • Failure to follow safety regulations
  • Failure to properly load trucks or secure cargo
  • Alcohol or drug use
  • Aggressive driving
  • Unrealistic schedules and expectations
  • Equipment failure stemming from defects
  • Insufficient truck maintenance

If you were injured in an accident involving an 18-wheeler or other commercial vehicle, you need an attorney who is able to navigate the complex issues of insurance coverage and liability that often arise.

Excessive Speed/Aggressive Driving

Many truck drivers and other commercial drivers are paid to meet deadlines. Although trucking companies may not explicitly encourage truckers to speed, companies often provide their drivers with unrealistic deadlines and delivery dates. In order to meet their deadlines and get paid, truckers may drive aggressively or drive with excessive speed.

Unfortunately, their negligence often leads to truck accidents, in which the people who suffer the worst injuries are the innocent drivers or passengers in other vehicles.

At Rosenbaum & Rosenbaum, P.C., we represent injured people who were injured in truck accidents caused by excessive speed or aggressive driving, including:

  • Truckers who were unable to stop to avoid collisions
  • Truckers who were driving too fast on rainy roads and hydroplaned
  • Truckers who were driving too fast on snowy or icy roads
  • Truckers who jackknifed their vehicles after losing control
  • Truckers who lost control of overloaded vehicles while speeding

Because of the size difference between trucks and passenger vehicles, victims often suffer catastrophic injuries in truck accidents. When truck accidents are caused by excessive speed or aggressive driving, the seriousness of the injuries is often exacerbated, and the dangerous elements of the truck accident are highlighted.

Brake failure on a speeding truck is more dangerous than brake failure on a truck driving at normal speeds. An exhausted or distracted driver who is speeding is more likely to lose control of the truck than a driver who is traveling within the speed limit. A trucker who is speeding on icy or rainy roads is more likely to collide with another vehicle than a trucker who is driving safely.

Overloaded Trucks

One factor that needs to be considered after a truck accident is whether the accident is caused by an overloaded or imbalanced truck. Loads need to be properly balanced and secured so that they do not shift or fall during transport. If you or a member of your family has been injured due to an overloaded or unsecured truck load accident, it is important to have an experienced lawyer on your side.

The overloading or improper loading of a semi truck may be the result of a trucking company's carelessness, which often happens as a result of the emphasis of profits over safety. Truck overloading is often in violation of federal or state regulations, which are designed to prevent serious accidents. The failure to secure or properly load cargo can lead to trailers that break away, debris dropping onto the road or the loss of control of the truck.

Holding the driver and/or the trucking company accountable for this type of negligence is important to recover the compensation you need for medical treatment, lost wages, and pain and suffering.

Truck Driver Fatigue

A driver of a semi truck or other large commercial vehicle needs to have his or her entire focus and attention on the road. When drivers are feeling fatigued and exhausted, the required level of concentration is not possible and causes an unacceptable risk to others who are on the road. Given the potential dangers caused by truck driver fatigue, there are laws that outline how long and how often truck drivers are allowed to operate their vehicles.

Unfortunately, when drivers ignore these laws or trucking companies push drivers to be on the road extra hours, it can result in serious accidents and injuries. Truck driver fatigue is one of many potential causes we will always consider when investigating a trucking accident. This often requires tracking truck driver activities through the review of driver logs, company records and electronic tracking devices. We will also bring in accident reconstruction experts, trucking industry experts, and others to analyze the accident and prepare a case.

Trucking Company Negligence

Trucking accidents in New York can be the result of a wide range of causes, from negligent driving mistakes to federal and state violations that put everyone else on the road at risk. Trucking companies have a responsibility to properly hire and train drivers, inspect and maintain vehicles, and perform other tasks that increase safety on the road.

When these companies fail to live up to this responsibility, and protect profits over the safety, they may be held liable for accidents that happen as a result. Trucking companies are required to meet certain regulations, which cover many aspects of truck driver qualifications, license and hiring practices. Hiring and failing to properly train truck drivers has resulted in drivers who are inexperienced or underqualified getting behind the wheel and harming others on the road.

These companies, along with their insurance companies, will often take steps to mitigate their liability and protect their profits following accidents. Even when people are seriously injured, these businesses will vigorously look after their bottom lines. Dedicated counsel from experienced lawyers is the best way to look after your future and recover for you in negotiations or at trial.

How Can Rosenbaum & Rosenbaum, P.C., Help?

At Rosenbaum & Rosenbaum, we have the skill, experience and dedication to stand up for your rights and fight for your recovery in court, if necessary. We represent clients in Manhattan, the Bronx, Brooklyn, Queens and Staten Island, as well as Westchester, Nassau and Rockland counties.

All truck accident cases are handled on a contingency fee basis. You will owe no attorney's fees until we recover an insurance settlement or trial award on your behalf. Contact us to get your questions answered and discuss your case in a free consultation.