New York Truck Accident Lawyer

Why Choose Us?

The New York truck accident attorneys from Tucker Lawyers PC have a long history of assisting truck accident victims. We’ve left hundreds of clients satisfied because we:

• Put our expertise to work: Tucker Lawyers PC has handled truck accident claims for the past three decades. When you’re dealing with a high-value claim, you want an attorney who’s dealt with many cases like yours in the past, which is what you’ll find here.
• Work on your behalf as you recover: We start the case-building process as soon as a client’s free initial consultation has concluded. We will fill out the necessary paperwork, look into your accident, and start working on your claim. We’ll also deal with any insurance provider or trucking company that tries to reach out to you. Companies facing expensive claims or lawsuits often try to catch injured parties off guard by asking unexpected questions or offering settlements; hiring a lawyer to manage all these interactions on your behalf ensures you won’t be taken advantage of.
• Serve New Yorkers: Tucker Lawyers PC isn’t your typical personal injury law firm. For us, clients are more than just numbers. That’s why we don’t have offices all over the country. Our sole focus is serving our fellow New Yorkers and helping them get the justice and compensation they deserve.

The case-building process involved in road accident claims can be involved and lengthy, so it’s a good idea to hire a lawyer who’s up to the job. If a trucking company or motor vehicle insurer directs its high-powered legal team to try to prove that you were at fault for your accident, you’ll need a capable legal representative who can compile the evidence you need to prove your case and present it in a way that will win you a settlement.

Many personal injury firms take what is known as the “settlement mill” approach to their clients’ cases. By striking deals with defendants quickly, they can take on huge case volumes and cash in on as many clients as possible. The problem here is that this strategy often requires clients to accept only a fraction of the money they could potentially get if their attorneys negotiated more aggressively, over a longer period, with the threat of a jury trial always remaining in play.

At Tucker Lawyers, we won’t give up until we get a settlement offer that meets your needs. If we don’t get it, we won’t hesitate to take the matter in front of a judge and jury.

Contact Tucker Lawyers PC at (516) 399-2364 to schedule a free case evaluation and to learn more about truck accident lawsuits in NYC.

Who’s at Fault in Your Case?

One key difference between cases involving truck accidents and those involving other types of vehicles is that trucks are usually carrying out a commercial purpose on the road. This raises the possibility of vicarious liability.

While the driver of the truck involved in your accident may be the liable party, liability might also rest with the company in charge of the driver. This will depend on a number of factors, including:

• Whether the driver is an employee of the company or an independent contractor
• Whether the driver was acting in accordance with company policy at the time of the accident
• Whether the accident occurred on a route the company had directed the driver to travel for a work assignment
• Whether there were any shortcomings in the training the driver received from the company, or in the maintenance work and inspections carried out on the vehicle.

The list of potentially liable parties doesn’t stop there. Depending on how your accident came about, you might also be entitled to compensation from:

• Parts manufacturers
• Mechanics
• Cargo loading companies
• Local governments and contractors.

BUILDING YOUR CASE

Regardless of who the at-fault party is in a high-value New York truck accident case, holding them to account will almost certainly require a painstaking evidence-gathering effort. Evidence of negligence in cases like this may include:

• Drivers’ logbooks
• FMCSA drug test requirements
• The black box
• Eyewitness reports.

In some cases, we’ll also work with accident reconstruction experts and other consultants to illustrate the liability of the at-fault party.

Client Testimonial

”I have used previous personal injury attorneys in the past, but this by far, was the most pleasant, accurate and understanding experience. Mr. Sabatino, is not only experienced but compassionate and very personable. I’ve felt very comfortable speaking to him and the staff at Tucker. He has kept in touch from the start on a weekly basis, keeping me well informed and also asking how I felt. I will highly recommend your practice to all that need your assistance. I’m very impressed with the outcome and the service.” – Denise Bisconti (Google Review)

Mistakes Made After Truck Accidents

The moments directly after a truck accident are highly charged and stressful; studies have indicated that around 22% of those involved in road traffic accidents will go on to develop post-traumatic stress disorder, so it’s understandable if you’re not calm and collected immediately after a collision. However, if you can avoid some of the common mistakes people make following a crash, it could benefit you massively later on.

These mistakes include:

• Admitting fault at the scene of the accident
• Failing to file an accident report with police
• Neglecting to seek medical attention as soon as possible.

In the days and weeks that follow a New York truck accident, another big mistake injured victims make is speaking to the trucking company involved in the accident, or to its insurance company. Representatives of the companies may contact you in the hope you’ll say something that will compromise your case, either devaluing your claim or voiding it entirely. Allowing your lawyer to manage these interactions on your behalf is the only way to ensure you don’t get taken advantage of.

State & Federal Laws Regarding Truck Safety

One factor that differentiates accidents involving trucks from those involving only regular passenger vehicles is the increased level of regulatory scrutiny faced by commercial vehicles. There are various laws relating to maintenance, licensing, training, and working hours to which trucking companies and their employees must adhere.

For example, the Federal Motor Carrier Safety Administration (FMCSA) requires truck drivers not to remain on duty for more than 14 hours in a row and to take at least a 10-hour break between shifts. These are known as hours of service (HOS) regulations. If you can prove that the truck driver who was involved in your accident was in breach of HOS regulations at the time of the crash, you may stand a better chance of establishing negligence on the part of the driver or company.

Additionally, the Department of Transportation imposes limits on the type and quantity of cargo certain trucks can carry. There are also DOT rules governing the allowable dimensions of trucks and their trailers.

These regulations can get highly technical. The difference between obeying a rule and committing a violation can be very slight, but it can have a significant bearing on the outcome of a truck accident case. For this reason, you need a lawyer who’s familiar with the intricacies of the rules in this area and how to leverage them to win settlements and verdicts.

Common Truck Accident Injuries

Because they’re so much bigger than passenger cars, trucks often cause very serious injuries when they’re involved in collisions. According to statistics from the National Safety Council, large trucks are involved in 9% of fatal accidents despite making up only 5% of the vehicles on the road. Official statistics also show that the number of truck-related fatalities in the U.S. has been increasing steadily since 2009.

In terms of nonfatal injuries, some of the issues our New York City truck accident clients commonly face include:

• Brain injuries
• Spinal injuries
• Broken bones
• Internal injuries
• Burns and road rash.

Garbage Truck Safety in New York City

When you think of truck accidents, you might picture high-speed highway crashes involving 18-wheelers hauling cargo from one place to another. However, the definition we’re using is much broader than that; it includes trucks of all types. In New York, garbage trucks often pose an acute accident risk.

Because garbage trucks must stop and start so frequently, their drivers must maintain a near-constant awareness of their surroundings. Unfortunately, this doesn’t always happen, and many NYC truck accidents take place due to the failure of sanitation workers to keep an eye on the road.

Frequently Asked Questions (FAQs)

• Do I need to hire a lawyer?

  To win complicated lawsuits, insurance companies usually put together a large team of lawyers, claims specialists, and experts. You should work with an experienced lawyer who focuses on this area of law to recover your rightful settlement. Our legal team of car accident attorneys in Farmingdale has years of experience and a track record of successfully negotiating favorable settlements.

• How soon must I submit a claim?

  For personal injury cases in New York generally, you must file a personal injury claim within three years of the accident date, per the statute of limitations. For wrongful death claims in NYC, the deadline falls two years after the date of the deceased person’s passing. The time limit for filing a claim against a city or town is significantly shorter, depending on the specific agency the claim is filed against. This is yet another reason to consult a truck wreck lawyer as soon as possible following an accident.

• Can I still file a claim even if the other road user wasn’t entirely to blame?

  According to New York’s pure comparative negligence rule, a person who sustains injuries shall be compensated in proportion to their level of involvement in the accident. For instance, if a jury finds the claimant 10% at fault, the other driver would be responsible for 90% of the claimant’s losses.

Managing Attorney John. J. Tucker, Esq.

John has personally handled thousands of clients who were victims of another’s negligence and fights relentlessly for their rights. John enjoys bringing closure to a client’s matter so that the injured party can move forward with their life. His background enables him to evaluate complex liability related claims and bring resolution to claims in a record time frame. [ Attorney Bio ]