truck accident

Injuries sustained in an NYC truck accident can change your life forever. There’s no getting around it: when a massive tractor-trailer, 18-wheeler, or semi-truck causes an accident, passengers in smaller vehicles suffer. An experienced NYC truck accident lawyer can help you and your family get the fair compensation you deserve.

Our trusted injury lawyers at Rosenbaum & Rosenbaum, P.C. have been litigating truck accident claims for over 40 years. We put our years of experience to work negotiating behind the scenes to get the full amount of compensation you need. To learn more about our law firm and how we can help, call for a free consultation with an experienced New York City truck accident attorney today.

How Our Skilled Personal Injury Lawyers Can Help After a Truck Accident in NYC

truck in an accident with car

The financial stakes are usually high in NYC truck accident cases. Injuries tend to be more serious—if not fatal—which can lead to higher verdicts and settlements for the accident victim. Commercial insurance policies also tend to have higher limits than ordinary car accident insurance.

All of this means that the insurance company is much more likely to resist paying. In fact, if you were hurt in a truck accident, an insurance adjuster or defense attorney may have already contacted you. You might even have a settlement offer on the table before ever consulting with a lawyer. These are signs that the trucking companies and their defense lawyers are already working to reduce the amount they might have to pay.

In other cases, they might try to blame you for the crash. Under New York contributory negligence laws, shifting the blame to the victim can lower the amount the insurance company has to pay.

At Rosenbaum & Rosenbaum, P.C., we fight to protect accident victims from these tactics. The insurance company knows you need money, but you should never accept a fast settlement check without first talking with a skilled New York personal injury lawyer.

New York Truck Accidents Are Surprisingly Common

You might think that city truck accidents are relatively rare. After all, the roads don’t leave much room for speeding in more urban areas. In June 2020 alone, at least 574 truck accidents happened throughout the five boroughs.

That statistic does not even account for the number of passenger vehicles that may have been involved. When annualized over the course of a year, nearly 7,000 accidents involving large trucks (six wheels or more) may have occurred citywide.

Leading Causes of Truck Accidents

distracted driving

Driver error is one of the leading causes of New York truck accidents. Truck drivers have to follow a detailed set of state laws and federal safety guidelines designed to prevent accidents. 

Truck drivers are also under extreme pressure to meet delivery deadlines that can be unreasonable. So, they often break the rules and make mistakes. Most often, truck drivers ignore the rules limiting the number of hours they can spend behind the wheel before taking a break.

Some of the common causes of truck accidents in NYC include:

  • Distracted driving
  • Drowsy driving
  • Speeding or aggressive driving
  • Unsafe lane changes
  • Failure to properly inspect and maintain the truck
  • Driving while under the influence of drugs or alcohol
  • Brake problems
  • Worn tires
  • Defects in the vehicle itself

Sometimes several factors combine to cause a truck accident. For example, an overly tired truck driver may be speeding to reach a truck stop and cause an accident. 

Our truck accident attorneys at Rosenbaum & Rosenbaum, P.C. will assess your case to identify every potential cause so that we can hold all responsible parties accountable.

Who Can be Held Responsible for a Truck Accident?

Even if driver error ultimately caused the crash, the company responsible for that driver might be held accountable under New York state law. After all, the trucking business is a business that profits from the driver’s actions. 

Responsible parties may include:

  • The truck driver
  • The company that owns the truck
  • A company that leased the truck from the owner
  • The company that loaded the cargo onto the truck
  • The truck maintenance company
  • The manufacturer of a defective truck component
  • Another driver who caused a multi-vehicle crash
  • Anyone whose carelessness, or wrongful actions caused the accident such as motorcyclists, pedestrians, bicyclists, and more.

At Rosenbaum & Rosenbaum, P.C., our experienced New York City truck accident lawyers have the resources to conduct our own investigation into the crash.  

Investigating to Determine the Cause of a Truck Accident

Determining the cause of your truck accident is the first step to finding out who can be financially responsible. An investigation into a serious truck accident can involve:

  • Analyzing the accident scene
  • Working with accident reconstruction specialists who can provide expert testimony about what likely caused the crash
  • Obtaining the trucking company’s maintenance and inspection records
  • Obtaining documents that provide information about how the trucking company hires, supervises and trains its drivers
  • Obtaining the driver’s records, including records of hours spent on the roads
  • Obtaining a “black box” recording device, which, if installed in the truck, provides information about what was happening at the time of the accident—including truck speeds and how safety systems were functioning
  • Interviewing witnesses
  • Analyzing the police reports and any other available accident reports

In truck accident cases, multiple parties may share responsibility for the crash. Our lawyers are here to put in the work needed to identify all potential responsible parties. We can then seek compensation for anyone who shares in the blame.

Employer’s Responsibility for Truck Driver Negligence

Many New York City truck accidents are caused by driver error. You might wonder how a truck driver can afford to compensate you after a serious injury. When large semi-trucks and tractor-trailers are involved in a truck accident, a commercial insurance policy is usually available. 

Further, many truck drivers are common law employees for legal purposes. Legally, employers are responsible for the negligent acts of their employees. Under employment laws, we can pursue action against a trucking company that employs a negligent driver.

The Role of New York Contributory Negligence Law

law concept

Contributory negligence is a legal theory that applies when more than one party is responsible for an accident. The insurance company might try to blame you, the accident victim. When multiple companies are involved, they might try to blame each other.

New York law allows you to recover compensation from anyone who is at least partly to blame for the accident. If you were partly responsible, your own damage award can be reduced to account for that fault.

At Rosenbaum & Rosenbaum, P.C., our skilled personal injury lawyers in NYC work hard to counter the insurance company’s attempts to shift the blame. 

Common Truck Accident Injuries

Serious truck accidents can lead to:

personal injury lawsuit

Not all truck accidents involve catastrophic injuries. At Rosenbaum & Rosenbaum, P.C., we can help with your case regardless of the type of injury involved.

To learn more about establishing an attorney client relationship with an experienced lawyer, schedule a free consultation today.

Compensatory Damages Available to Truck Accident Victims

When a truck accident causes serious injuries, the cost to the victim can be extreme. Medical care is expensive–and most health insurance policies don’t pick up the full bill. You have the right to receive compensation for all of your expenses, as well damages to reflect the pain of a serious injury.

Our personal injury attorneys will fight to win compensation to cover:

  • All current and future medical bills
  • Emergency room costs
  • Physical therapy
  • Permanent disfigurement and scarring
  • Lost wages
  • Loss of your future earning capacity
  • Loss of enjoyment of life
  • Pain and suffering
  • Emotional distress

Even once we have established what caused the accident, getting compensation won’t be easy. Insurance companies often go to great lengths to avoid paying.

At Rosenbaum & Rosenbaum, P.C., our New York City truck accident attorneys have what it takes to negotiate with teams of defense attorneys and commercial insurance companies. We know the right questions to ask and which evidence is important to support your claim. Give us a call today to learn more about strategies for getting fair compensation for you.

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

If you were hurt in a commercial truck accident, you likely already know that you’re facing a long road to recovery. It’s important to take action quickly and speak to our city truck accident lawyers. Even if you aren’t fully up to the task of coming to our office, we can arrange to meet with you at the hospital or your home.

New York law gives you three years to file a personal injury case. It’s always best to start working soon after the accident. That way, our lawyers and investigators have the best chance of getting strong evidence to support your damages claim.

Speak with an Experienced NYC Truck Accident Lawyer to Get Help Today

At Rosenbaum & Rosenbaum, P.C., our lawyers are here to sit down with you to review your case and discuss options. Truck accident victims are often worried about having to go to court and the expense of litigation. We want to put your mind at ease.

First, most injury cases are resolved with the insurance companies out of court. Our lawyers are skilled in handling these negotiations–and are always prepared to fight for you at trial.

Second, we work on a contingency basis, meaning that you only have to pay attorneys’ fees once we recover compensation for you. Your first consultation is free, so call our law offices today to speak with an experienced New York City truck accident lawyer.