New York Truck Accident Lawyer

Truck accidents can change lives in an instant, as illustrated by the recent accident involving Catfish host Nev Schulman. Schulman was riding his motorcycle to pick up his son from school when he was struck by a truck. The collision left him with fractures in his C5 and C6 vertebrae, sparking initial concerns about paralysis. Thankfully, Schulman’s injuries are stable, and he is expected to make a full recovery. Reflecting on the incident, Schulman shared, “It’s true what they say - life can change in an instant” (WSAZ 3, Amanda Alvarado, Aug. 12, 2024).

This case underscores the serious consequences of truck accidents, many of which are preventable. In New York, large trucks contribute to thousands of accidents, many caused by negligence, such as driver fatigue, distracted driving, or insufficient vehicle maintenance. Under New York law, those whose negligent actions lead to accidents can be held liable through personal injury lawsuits, offering victims a path to recover damages for medical bills, lost wages, and long-term impacts. If you or a loved one has been involved in a truck accident, consulting an experienced New York truck accident lawyer is critical to safeguarding your legal rights and pursuing compensation.

Truck accidents occur in many forms, each with unique factors that contribute to collisions. A recent example in Manhattan highlights an unusual type of truck accident involving a box truck and a sidewalk shed. On November 18, 2024, a box truck pulling out of its space struck a sidewalk shed in Chelsea, leading to its collapse and causing serious injuries to three individuals—a 21-year-old man, a 20-year-old man, and a 30-year-old man. One of the victims sustained critical injuries, and all were transported to Bellevue Hospital. The driver, who remained at the scene, attempted to assist and expressed deep remorse (Eyewitness News ABC 7, Nov. 18, 2024). This type of accident, though uncommon, draws attention to the risks posed by both trucks and urban infrastructure. However, more common truck accidents include:

• Rear-End Collisions: These occur when a truck crashes into the back of a smaller vehicle, often due to the truck driver’s failure to stop in time. However, they can occur in other ways. For example, in Yassin v. Blackman, 188 A.D.3d 62 (N.Y. App. Div. 2020), a rear-end accident occurred when the defendant's truck allegedly struck the plaintiff’s taxi, which had been stopped at a traffic light for several seconds. The plaintiff claimed the truck attempted to pass on the left but collided with the taxi's rear.
• Jackknife Accidents: A jackknife occurs when the trailer swings out to form a 90-degree angle with the cab, often caused by sudden braking or slippery roads.
• Underride Collisions: These happen when a smaller vehicle slides under a truck's trailer, which can lead to devastating injuries.
• Rollover Accidents: Trucks can tip over due to sharp turns, uneven loads, or high speeds, endangering other road users.
• Tire Blowouts: When a truck’s tire fails, it can lead to the driver losing control, causing accidents.
• Blind Spot Accidents: Trucks have significant blind spots, and drivers may not see smaller vehicles when changing lanes or turning.
• Head-On Collisions: These are often fatal and may result from driver fatigue, impairment, or loss of control.

Each type of accident presents different challenges in proving fault and determining liability. Consulting a New York truck accident lawyer can help you understand the specifics of your case and ensure proper legal action is taken.

Truck accidents often stem from various causes, including driver error, mechanical failure, and external conditions. Some common causes include:

• Driver Fatigue. Truck drivers are required to adhere to strict hours-of-service regulations designed to reduce fatigue and enhance road safety. Under federal law, commercial drivers are limited to 11 hours of driving after 10 consecutive off-duty hours. Drivers cannot exceed 14 consecutive hours on duty, including breaks, and must take 30-minute rests after eight hours of driving. Weekly limits include 60 hours over seven days or 70 hours over eight days. 49 CFR § 395.3. However, compliance with these rules can be challenging, and violations frequently contribute to fatigue-related accidents. Driver fatigue is a leading cause of truck crashes, as evidenced by a fatal accident in Louisville, New York. In January 2023, a Freightliner box truck crossed the centerline of a two-lane highway and collided with a bus, killing six passengers and injuring others. The National Transportation Safety Board (NTSB) attributed the accident to driver fatigue, citing the driver’s “limited, fragmented sleep” and poor adjustment to overnight shifts as contributing factors. The driver had only five hours or less of uninterrupted sleep each night for three days prior to the crash, which disrupted his circadian rhythm and diminished his alertness. This tragedy was compounded by systemic oversight failures, including the trucking company’s poor safety record and hours-of-service violations (Ryan Witkowski, Land Line, Nov. 22, 2024).
• Distracted Driving: Using a cellphone, eating, or engaging in other activities while driving can lead to accidents.
• Speeding: Trucks require longer stopping distances. Speeding reduces the driver’s ability to stop in time to avoid a collision.
• Impaired Driving. Truck drivers under the influence of alcohol or drugs pose a serious risk on the road. A tragic example occurred on July 5, 2024, when a truck driver, Daniel Hyden, allegedly drove drunk and caused a deadly crash in Manhattan's Corlears Hook Park. The truck jumped a sidewalk, hitting pedestrians and killing three, including a mother and her son. The driver was arrested and charged with aggravated vehicular homicide, driving while intoxicated, and other offenses (ABC 4 New York, Tracie Strahan and Myles Miller, July 5, 2024). It is also likely that the victims and their families will pursue civil lawsuits. Victims of truck accidents caused by impaired drivers may be entitled to compensation for their injuries, medical bills, and emotional distress. In such cases, the truck driver, their employer, and possibly third parties may be held liable for damages. If you or a loved one has been affected by such an incident, consulting an experienced New York truck accident lawyer can help you explore your legal options for recovery.
• Improper Loading: Uneven or unsecured cargo can shift during transport, making the truck unstable.
• Mechanical Failures: Brake failure, tire defects, or engine problems can lead to loss of control.
• Poor Weather Conditions: Rain, snow, or ice can make roads slippery, increasing the likelihood of accidents.
• Road Hazards: Potholes, debris, and construction zones can contribute to collisions.

Determining the cause of a truck accident often involves gathering evidence such as driver logs, maintenance records, and accident scene photos. An experienced New York truck accident lawyer can assist in investigating and building a strong case.

The value of a truck accident claim depends on several factors, including the severity of injuries, the circumstances of the accident, and the economic and non-economic damages suffered.

• Medical Expenses: Compensation may include past and future medical costs, such as hospital bills, surgeries, rehabilitation, and prescription medications.
• Lost Wages: If the accident causes you to miss work or lose earning capacity, you may recover compensation for these losses.
• Pain and Suffering: Truck accidents can lead to physical pain and emotional trauma. While harder to quantify, this is a significant component of compensation.
• Property Damage: Repair or replacement costs for your vehicle or other personal property may be included.
• Loss of Consortium: In cases where the accident impacts relationships with family members, additional compensation may be pursued.
• Wrongful Death: If the accident resulted in a fatality, surviving family members may be entitled to compensation for funeral expenses, lost income, and loss of companionship.

Insurance companies often try to minimize payouts, which is why consulting an experienced New York truck accident lawyer is essential. They can help you assess your claim's value and negotiate on your behalf to secure fair compensation.

An experienced New York truck accident lawyer plays a vital role in protecting your interests after an accident. They can:

• Investigate the Accident: This involves gathering evidence, such as police reports, witness statements, and black box data, to determine liability.
• Identify Responsible Parties: Multiple parties may be liable, including the truck driver, trucking company, maintenance provider, or manufacturer of defective parts.
• Negotiate with Insurance Companies: Insurance adjusters often aim to settle for the lowest amount possible. A lawyer can advocate for a fair settlement.
• File a Lawsuit: If a fair settlement cannot be reached, your lawyer can file a lawsuit and represent you in court.
• Ensure Compliance with Legal Deadlines: In New York, the statute of limitations for personal injury claims is generally three years from the date of the accident (N.Y. C.P.L.R. § 214), and for wrongful death claims, it is two years (N.Y. E.P.T.L. § 5-4.1).

Working with an experienced New York truck accident lawyer ensures that all aspects of your case are handled professionally, allowing you to focus on recovery.

If you have been injured in a truck accident, consulting an experienced truck accident attorney serving New York is important to understanding your rights and pursuing compensation. Truck accidents involve complex legal and insurance issues that require skilled legal representation. At Stephen Bilkis & Associates, we have extensive experience handling truck accident cases and are committed to helping victims recover the compensation they deserve. Contact us at 800.696.9529 to schedule a free, no obligation consultation regarding your case. We represent injured victims and their families in Manhattan, Brooklyn, Queens, Long Island, Staten Island, Bronx, Nassau County, Westchester County, and Suffolk County.