Truck accidents in New York City can have devastating consequences for victims and their families. The congested roads and highways, such as the Brooklyn-Queens Expressway (BQE), the Cross Bronx Expressway, and the West Side Highway, see substantial truck traffic daily. Unfortunately, this traffic increases the risk of serious accidents involving commercial trucks.
If you or a loved one has been injured in a truck accident, the Rothenberg Law Firm LLP is here to help. Our compassionate and experienced New York City truck accident lawyer is committed to advocating for your rights and maximizing your recovery. Speak with us today to learn how we can support you during this challenging time.
Why Choose Rothenberg Law Firm for Your New York City Truck Accident Claim?
With over 50 years of experience, the Rothenberg Law Firm has built a stellar reputation for helping injured individuals and their families recover the compensation they need and deserve. Our dedication to our clients is unmatched, and our results speak for themselves—we have secured billions of dollars for those who trusted us to handle their cases. When you work with us, you can expect personalized attention and unwavering commitment.
We understand the physical, emotional, and financial toll a truck accident can take on victims and their loved ones. Truck accidents often result in catastrophic injuries, such as spinal cord damage, traumatic brain injuries, or severe fractures. At the Rothenberg Law Firm, we recognize the life-altering impact these injuries have, and we’re committed to doing everything in our power to help you rebuild your life. Whether it’s through obtaining the best possible medical care or pursuing the justice and compensation you deserve, we are with you every step of the way.
Our team is not afraid to take on well-financed corporations, trucking companies, or insurance adjusters who undervalue your claim. We meticulously prepare every case for trial, ensuring that we are ready to take your case to court if necessary. At the Rothenberg Law Firm, our mission is to tilt the scales in your favor, standing up for your rights and holding negligent parties accountable for their actions.
Do I Have a Truck Accident Case?
To determine if you have a truck accident case, the key factor to consider is negligence. Most personal injury claims, including truck accident cases, are based on negligence. Essentially, negligence occurs when someone fails to act with reasonable care, thereby causing harm to another person. Proving negligence is critical to the success of your claim.
To establish negligence, the following four elements must be proven:
- Duty of Care
The at-fault party owed you a duty of care. For example, truck drivers are required to operate their vehicles in a manner that ensures the safety of others on the road. Trucking companies, too, have a duty to ensure their drivers are properly trained and their vehicles are well-maintained. - Breach of Duty
The at-fault party violated that duty of care. This could involve a truck driver engaging in reckless behavior, such as speeding, driving while distracted, or operating under the influence of drugs or alcohol. Similarly, a trucking company’s failure to adhere to safety regulations could also constitute a breach of duty. - Causation
The breach of duty directly caused your injuries. For example, if a distracted truck driver ran a red light and collided with your vehicle, their negligence would be considered the direct cause of the crash and your injuries. - Damages
You suffered measurable damages as a result of the accident. This can include physical injuries, emotional distress, medical bills, lost wages, and other financial or non-financial losses.
If these elements can be established in your case, you may be entitled to compensation. An experienced truck accident lawyer at the Rothenberg Law Firm can help evaluate your situation, gather evidence to build a strong case, and fight for the best possible outcome.
Who May Be Held Liable in a Truck Accident Claim?
Truck accident cases are often complex because multiple parties may be liable for the accident. Depending on the specifics of the incident, you may be able to hold one or more of the following parties accountable:
Truck Drivers
Truck drivers can be held liable if their negligent actions contributed to the accident. This may include behaviors such as distracted driving, speeding, ignoring traffic laws, or driving under the influence. Driver fatigue is also a common issue, as some drivers push past federally mandated hours-of-service regulations to meet delivery deadlines, putting everyone on the road at risk.
Trucking Companies
Trucking companies have a legal obligation to enforce safety standards, hire qualified drivers, and maintain their vehicles. For example, some of the major trucking companies that operate on New York City roadways include J.B. Hunt, Schneider National, and XPO Logistics. If a trucking company fails to properly train its drivers, overloads its trucks, or neglects vehicle maintenance, it can be held liable for accidents caused by these oversights.
Cargo Loaders
Third-party companies responsible for loading and securing cargo can also be held responsible. Improperly loaded or unsecured cargo can shift during transit, causing the truck to become imbalanced and leading to accidents. Overloaded trucks, in particular, can result in rollovers, jackknife crashes, or other dangerous situations, endangering everyone on the road.
Commercial Truck Manufacturers
Certain accidents occur because of vehicle defects or faulty parts. Major manufacturers of commercial vehicles, such as Freightliner, Kenworth, Peterbilt, and Volvo, are legally required to ensure their trucks and components are safe for use. Defective items like malfunctioning brakes, tires prone to blowouts, or faulty steering systems can lead to catastrophic accidents. Under product liability law, manufacturers can be held accountable when their negligence in design, assembly, or quality control results in injury or loss of life.
Our Lawyers Stand Up to Big Companies and Corporations
When faced with truck accident cases, trucking companies, cargo loaders, and manufacturers often employ aggressive tactics to limit their liability. These entities typically have deep pockets and teams of corporate lawyers whose sole mission is to protect their company’s bottom line. They may attempt to deny responsibility, minimize the severity of your injuries, or push for a lowball settlement that doesn’t come close to covering your losses. This approach leaves accident victims struggling to recover physically, emotionally, and financially.
At the Rothenberg Law Firm, we believe no one should be shortchanged after enduring a life-changing tragedy. By hiring a skilled attorney, you level the playing field. Our lawyers have decades of experience standing up to large corporations and insurance companies. We know how to build strong cases grounded in evidence, counteract their strategies, and demand fair compensation. With us by your side, you don’t have to face these giants alone.
Federal Regulations Designed to Promote Safety
The Federal Motor Carrier Safety Administration (FMCSA) has established regulations to ensure the safety of commercial trucking across the nation. These rules are in place to protect not only truck drivers but also the other motorists they share the road with. Some critical FMCSA regulations include:
- Hours-of-Service Rules: Truck drivers are limited in the number of hours they can drive each day and week to prevent fatigue.
- Weight Limits: Trucks must adhere to specific weight restrictions to prevent accidents caused by overloaded or unbalanced cargo.
- Regular Vehicle Inspections: Trucks must undergo routine inspections to ensure they are safe to operate on the road.
- Drug and Alcohol Testing: Drivers must comply with drug and alcohol testing to ensure they are sober while operating commercial vehicles.
When truck drivers, trucking companies, or cargo handlers violate these regulations, the risk of accidents increases dramatically. If such violations are proven in your case, they can serve as crucial evidence of negligence, strengthening your lawsuit significantly. Our experienced lawyers know how to investigate compliance with FMCSA regulations and use these violations to advocate for you.
Compensation Available to NYC Truck Accident Victims
The aftermath of a truck accident can leave victims facing significant physical, emotional, and financial hardships. A successful truck accident claim can help you recover the compensation you need to get your life back on track. Some forms of compensation available include:
- Medical Expenses: This includes both current and future medical costs related to your injuries, such as surgeries, hospital stays, physical therapy, and medication.
- Lost Income: If your injuries prevent you from working, you can seek compensation for lost wages or income and diminished earning capacity.
- Pain and Suffering: Victims are entitled to compensation for the physical pain and emotional distress caused by the accident.
- Property Damage: This covers the cost of repairing or replacing your vehicle and other personal property damaged in the crash.
- Wrongful Death Claims: If a loved one tragically lost their life in a truck accident, eligible family members may pursue compensation for funeral expenses, loss of financial support, and loss of companionship.
Our team of legal professionals will evaluate your case thoroughly to ensure no damages are overlooked. We will fight to secure maximum compensation for your losses.
How Much Money Can You Get for Your Truck Accident Claim?
When a passenger vehicle collides with a commercial truck, the passenger vehicle driver faces a greater risk of suffering devastating injuries compared to collisions with other passenger vehicles. Broken bones and traumatic brain injuries are among some of the serious injuries truck accident victims commonly sustain, which can drastically alter a person's way of life.
Healing from these injuries costs money and time. Your personal injury claim should not only factor in medical bill costs but also lost wages and compensation for pain and suffering.
As with all personal injury claims, each case has its own unique outcome and value. No one can predict or even estimate the monetary compensation for your claim without knowing the circumstances leading up to the accident and any other important details. However, what we can predict is that our team will do everything possible to recover maximum compensation for you and your unique case.
Contact Our Trusted New York Truck Accident Attorneys Today
New York City Personal Injury Lawyer, Allen L. Rothenberg, Esq.
When you’ve been injured in a truck accident, you need a legal team with the experience, resources, and dedication to fight for you. At the Rothenberg Law Firm, we can help:
- Investigate the cause of your accident and identify the liable parties.
- Ensure compliance with critical filing deadlines.
- Negotiate with insurance companies for a fair settlement.
- Take your case to trial if necessary to secure maximum compensation.
Contact the Rothenberg Law Firm today at (800) 624-8888 or through our online form to discuss your case during a free, no-obligation consultation. With us in your corner, you can focus on healing while we focus on winning justice for you.
New York City Truck Accident FAQs
To help you understand what to expect, we’ve compiled answers to some of the most frequently asked questions about New York City truck accident cases. If your question isn’t answered here, don’t hesitate to reach out—we’re always here to help.
What is the statute of limitations for filing a truck accident claim in New York?
Under New York law, you generally have three years from the date of the accident to file a personal injury lawsuit. However, if the accident resulted in the death of a loved one, the statute of limitations for wrongful death claims is typically two years. It’s critical to act quickly, as waiting too long could bar you from recovering compensation.
What if I’m partially at fault for the truck accident?
How much does it cost to hire a truck accident lawyer?
New York City Office Location
The Rothenberg Law Firm
Accident and Injury Lawyers
450 7th Avenue 44th Floor,
New York, NY 10123