New York 18-Wheeler Accident Attorney
When a heavy truck, weighing 80,000 pounds, hits a smaller car, the results can be catastrophic. If you or someone you care about has been hurt in an accident with a tractor-trailer, delivery van, or commercial fleet vehicle, the effects can be life-changing. Pain in the body quickly gets worse, and the future can suddenly appear uncertain. Costs of medical care might go up quickly.
Trucking firms and insurance companies typically employ aggressive legal techniques with the substantial financial resources at their disposal.
As such, you need a lawyer in New York, specializing in truck accident cases, who is prepared to fight the big trucking companies and their insurance providers. At Cohen & Cohen Group, we believe that justice demands that you can pursue your rights. Therefore, we are committed to helping you get through every obstacle.
At Cohen & Cohen Group, we understand the fallout that results from truck accidents. Our Queens truck accident lawyers have worked with clients all around New York State for more than 20 years. We understand that it might be hard to get back on your feet after a big crash. So, our New York 18-wheeler accident lawyers will walk you through the legal process step by step so you can get your rights and the compensation you deserve to cover your medical bills, lost income, and future needs.
Why You Need a Dedicated New York Truck Accident Lawyer
A common misconception is that truck accidents are similar to the typical motor vehicle accident. Truck accident claims are more complex in that with trucking accidents, there are more rules, greater damages, and more liable parties involved.
Litigation of a typical motor vehicle accidents are centered around the vehicles involved in the accident and the insurance carriers for each vehicle. Whereas litigation in truck accidents involves the truck driver, the transportation business, the vehicle maintenance provider, the cargo loader, and even the manufacturer, all may be involved in the litigation of a truck accident.
That’s why, as soon as a truck accident happens, you should immediately contact a specialized truck accident lawyer in New York. Large trucking corporations provide quick-response legal teams to crash sites immediately. These groups gather evidence intended to protect the business, not the victim. So, you need a lawyer to respond just as quickly. It is also very important to keep important evidence, such as the truck’s onboard electronic data, driver logs, and inspection records, as quickly as possible.
What Victims Should Know About Federal and State Trucking Rules
The Federal Motor Carrier Safety Administration (FMCSA) and New York law both have strict rules for the trucking business. These laws create guidelines and mandates regarding safety standards for trucks operating on the road. It is not uncommon that commercial trucking businesses deviate from the well-documented safety rules for the sake of profit. An experienced truck accident lawyer will find the truck’s violations and will identify the safety standards overlooked and completely disregarded by trucking companies, making your case stronger.
Key regulations include:
- Hours of Service (HOS): Laws that set limits on how many hours a driver can operate a vehicle without a break to prevent fatigue.
- Weight Limits: The New York law says how much a vehicle can weigh so that it can be handled and stopped safely.
- Maintenance Requirements: Mandated regular inspections and repairs to prevent equipment failure.
- Drug and Alcohol Testing: All commercial drivers must be tested for drugs and alcohol, as required by federal law.
A transportation business that deviates from these well-documented rules and regulations has already provided strong evidence of negligence. Our New York truck accident attorneys are experts in these specific regulations. This knowledge gives our attorneys an edge in winning a case.
The story of David and Goliath
We fight the big bad insurance companies on behalf of your claim
The cost of trucking insurance increases approximately 5% annually. Due to the size of the trucks and the risks associated with trucking accidents, the typical trucking insurance policy has at minimum $1 million in insurance coverage. The $1 million insurance coverage afforded to trucking companies is commonly referred to as the “limits of liability,” which indicates the maximum the insurance company will pay for a claim.
With large limits of liability, insurance companies fight these claims with significant force. They use every trick in the book to devalue your claim. Thus, insurance companies will argue that those injured in the trucking accident exacerbated their injuries (legal jargon for making injuries worse); failed to mitigate their damages (legal jargon for failure to take steps to reduce the amount of damage); and/or the injured parties were comparatively negligent (legal jargon for the injured parties action contributed to the accident and the amount of recovery should be reduced by the percentage of the injured parties fault).
However, you must not worry, our lawyers are ready to fight back against these arguments. When you choose Cohen & Cohen, you have someone on your side to level the playing field against big insurance companies and corporate defendants.
We argue and negotiate with the corporate representatives and their lawyers on your behalf so that you don’t accidentally hurt your case. Then, we prepare your case as if it were going to trial. This forces insurers to take your demand for compensation seriously.
Holding Major Commercial Vehicle Companies Accountable
Truck accidents in New York City don’t just happen on highways. Every day, various commercial vehicles traverse New York City streets, which can cause the biggest disaster, such as:
Accidents Involving FedEx, UPS, and Amazon Delivery Vehicles
There are many ‘last-mile’ delivery vans in New York because of the rise in demand everywhere. Presently, there are approximately 171,400 jobs in the U.S. driving delivery trucks. For every Amazon, FedEx, and UPS driver, speed is the top priority. Drivers are pressured to meet unrealistic delivery quotas, forcing drivers and their employers to deviate from state safety laws, such as speeding.
To avoid accountability, employers designate their drivers as independent contractors. The designation of workers as independent contractors makes it harder to file complaints against delivery companies because delivery companies are typically not liable for the actions of their independent contractors. But our team of truck accident lawyers in New York City knows how to handle these situations. We investigate the business practices to uncover evidence that allows us to overcome their tactic to avoid accountability. We hold parent companies responsible for your injuries when their negligence causes harm.
Collisions with Beverage Trucks and Other Commercial Fleets
Beverage trucks and other fleet vehicles make New York’s congested streets even more dangerous. Reports highlight that in 2023, 4,354 people alone died in crashes involving large trucks in the United States. These drivers are usually employees of major corporations like Coca-Cola or Pepsi. Yet, employees often work hard to meet tight deadlines, itineraries, and routes.
Some of the common reasons for commercial vehicle accidents are:
- Improperly Loading Cargo: If cargo isn’t secured, it can move and put everyone on the road at risk.
- Driver Fatigue: When drivers are tired, they can’t pay attention. This increases the chance of accidents.
- Big Blind Spots: Box trucks don’t have a lot of visibility, which puts vehicles, bikes, and people walking nearby at risk.
If a firm or its driver acts in a way that causes harm to you, we do everything we can to help you recover the maximum amount possible.
The Dangers of Tractor-Trailers, Garbage Trucks, and Dump Trucks
Tractor-trailers, garbage trucks, and dump trucks are extremely dangerous because of their size and weight. A fully loaded semi-truck can weigh up to 80,000 pounds. In comparison, the average passenger car weighs only about 4,000 pounds. When a crash happens, people in the smaller vehicle almost always face the worst consequences.
New York sanitation and construction vehicles also pose significant risks. Dump trucks and garbage trucks have high centers of gravity. This makes it easier for them to roll over. These trucks often drive through residential areas and neighborhoods where people are walking. Our law firm has successfully represented victims of catastrophic injuries and helped them secure the financial resources they need for long-term care.
What Compensation Can You Recover After a Truck Accident?
A truck accident can hurt you and cause financial toll for the rest of your life. Under New York law, you have the right to seek compensation for all the ways the accident has impacted your life. The law labels these losses ‘damages.’ A truck accident lawsuit is meant to help you get your health and finances back on track.
Recovering Your Economic Damages
Economic damages are direct financial losses that you can show with bills and documentation. A New York truck accident lawyer can help you recover them. These include:
- Medical costs: These include everything from ambulance rides and hospital stays to rehab, medicines, and home care following the injury.
- Lost Wages: You can claim your lost pay if you missed work while recovering from injuries.
- Loss of Future Earning Capacity: If your injury, like brain damage, prohibits you from going back to work, we figure out how much money you might lose in the future.
- Damage to Property: We work to get you money so you can fix or replace your car and other things that were damaged in the incident.
Compensation for Non-Financial Losses After a Truck Accident
Non-economic damages are losses that you can’t assess with a receipt. The New York law says that people who have been hurt or traumatized can get money to help them get through it.
Some examples are:
- Pain and Suffering: This includes the physical suffering your injuries produced.
- Emotional Distress: You may be able to get money for anxiety, depression, PTSD, or trouble sleeping following the accident.
- Loss of Enjoyment of Life: If you can’t appreciate the things you used to love doing, the law may give you money.
- Permanent disfigurement or disability: The law says that scarring or loss of function should also be compensated.
- Loss of Consortium: This lets spouses get money for losing companionship or assistance.
So, if any of this happens, you can talk to a truck accident lawyer about your possible compensation 24/7.
What Causes Commercial Truck Accidents in New York?
The Federal Motor Carrier Safety Administration (FMCSA) investigates the primary reasons why trucks crash. To make a successful truck accident claim, you need to know what caused the collision. Our truck accident lawyer in New York looks into things quickly and thoroughly. We look at every aspect to find out who is to blame.
Some of the most common reasons are:
- Driver Fatigue: The Hours of Service (HOS) rules keep the public safe. Some employers, unfortunately, make drivers go over safe limits. Driving when sleepy is just as dangerous as driving while drunk.
- Distracted Driving: Distractions while driving, such as using your phone, eating, or even looking away, can be deadly. At highway speeds, distractions can cover the length of a football field in a second.
- DUI, or driving under the influence: The legal blood alcohol content limit is 0.04% BAC for commercial drivers. We always look closely at reports and test results for signs of impairment.
- Speeding and Reckless Driving: Some drivers drive too fast because they have to deliver things quickly. A truck needs a lot more space to stop than a car does. Going too fast can make a crash more likely.
- Improperly Loaded or Unsecured Cargo: Unbalanced or loose cargo can cause a trailer jackknife or spill onto the road.
- Poor Vehicle Maintenance: Not doing regular inspections or maintenance might cause things like brakes to break.
- Not Enough Driver Training: Some companies send drivers out on the road without giving them enough training.
- Wide Turns and Blind Spot Accidents: Trucks need more room to maneuver. Blind spots make it hard for nearby cars and people to see what’s going on.
Steps to Take Immediately After a Truck Accident
It’s normal to feel scared and confused after a crash, and thinking about it. What you do next could be very important for your case. Simple things can have a big impact on the outcome of truck accident cases. Here are some steps to take after a truck accident:
- Focus on Safety and Report the Accident
Your safety is the most important thing. Not all injuries are easy to see. If you feel shock or adrenaline, injuries may not be obvious right on the spot. Even if you feel fine, call 911 right away to get help from the police and other emergency services. Their official reports show what happened and can help your case.
- Document What You Can
If you can, get evidence right away. Take pictures and videos of cars, the road, and any injuries. Also, keep in mind that when you exchange information with the other driver, keep things simple. Don’t argue or talk about who is to blame. Gather contact details of witnesses as well.
- Let a Lawyer Talk to Insurance
Sometimes, insurance agents may seem helpful. But their main responsibility is to look out for the company’s best interests. If the insurance company for a trucking firm calls you, politely refuse to make a statement. Instead, send them to your New York truck accident lawyer.
- Contact a New York Truck Accident Lawyer
You can trust the New York trucking laws that protect victims after a truck accident. So, you should talk to a truck accident lawyer in New York immediately after a truck accident because evidence can disappear quickly. Skid marks might fade. CCTV films can be lost, and transportation logs can be changed.
When you contact us, our team at Cohen & Cohen will be ready to start the investigation. As soon as you call us, we send a preservation letter to the transportation firm. This letter makes it illegal for them to destroy any evidence, and you can get fair justice.
How to Find the Best New York Truck Accident Lawyer
Facing so many choices among law firms can be confusing. And your recovery depends on choosing the right law firm. These are the things you should look for in a good lawyer:
Look for an Experienced Truck Accident Lawyer in New York
Promises don’t mean as much as results. You should look for a company that has a lot of experience in truck accident lawsuits. Ask if they have worked on big commercial vehicle cases, not just car accidents.
Make Sure They Understand Trucking Laws
There are standards for truck accidents at both the federal and state levels. Only lawyers who know these rules well, like the Federal Motor Carrier Safety Regulations (FMCSR) , may find specific violations that make your case stronger. Our lawyers at Cohen & Cohen use their expertise in these rules to help you create a win-win situation for you.
Choose a Firm with Contingency Fees
After an accident, medical bills and lost wages already put a lot of stress on finances. So, you should choose a law company that operates on a contingency basis, like Cohen & Cohen. This means you don’t have to pay anything up front. Our specialized truck accident attorneys pay for everything, including experts, filings, and fees. So, only pay us if you win. If you don’t, then don’t pay. It will help you to get fair justice and filter out the noise that just wants to take your money.
Pick a Firm That Prepares for Court
Most injury claim cases end in a settlement outside the court. But others go to court. Insurance companies are aware of which types of cases are willing to go to court and which ones quickly settle for less. We prepare every case as if it will go to trial, even if we believe a settlement is possible. This preparation helps us negotiate for the maximum compensation possible in your case.
Your Fight is Our Fight. Get a Free Case Evaluation Today!
Don’t let a trucking company’s negligence destroy your financial future. We are ready to fight dishonest insurance firms and make sure those who are responsible are held accountable. Our award-winning lawyers have years of proven history of getting our clients multi-million-dollar settlements.
We don’t just represent you; we also help you in many other ways. Our New York truck accident lawyer will assist you in understanding your rights regarding your medical bills, lost wages, and pain and suffering at every step of the legal process. Moreover, we work on a contingency basis. This means we only charge you if we win your case. This method lets you focus on improving without worrying about money.
Call Cohen & Cohen for a free case evaluation with no strings attached, and allow us to help you go on! See why clients choose us!