New York City Truck Accident Attorneys

Are You in Need of a Truck Accident Lawyer?

You may need a truck accident lawyer when a collision causes serious injuries, prevents you from working, requires extensive medical treatment, or leaves you facing significant financial losses.

"After being struck by a tractor-trailer, I endured spine surgery, shoulder surgery, nerve damage, years of pain injections, & severe back pain which forced me to depend on others...we are finally getting justice..."
- C.K. from Google

The New York City personal injury attorneys at Wingate, Russotti, Shapiro, Moses & Halperin, LLP represent people who have been seriously injured in commercial vehicle crashes. We can evaluate the circumstances of your accident and explain your options for seeking compensation.

Reasons to Choose Us Over Other NYC Truck Accident Attorneys

Choosing the right law firm can make an important difference in how your claim is investigated, prepared, and pursued. At Wingate, Russotti, Shapiro, Moses & Halperin, LLP, we have spent decades representing injured New Yorkers and protecting their interests. We bring substantial resources, a history of significant results, and personalized representation to the clients and families we serve.

Here’s why so many people have come to trust our firm:

  • More than $2 billion recovered for clients in personal injury matters handled by the firm.
  • More than five decades of experience representing injured clients, with a longstanding commitment to helping individuals and families pursue compensation after serious injuries.
  • Named among the Best Law Firms by U.S. News & World Report, reflecting the firm’s established reputation in the legal community.
  • Attorneys recognized by the Multi-Million Dollar Advocates Forum, highlighting significant results obtained for clients.
  • Attorneys awarded Martindale-Hubbell’s AV rating, the organization’s highest rating for ethical standards and legal ability.
  • Numerous attorneys selected by Super Lawyers, which recognizes attorneys through a process involving peer evaluation and independent research.
  • Free consultations for prospective clients, allowing injured individuals and their families to discuss their circumstances and potential next steps without an initial cost.
  • A longstanding commitment to protecting injured clients’ interests, with attorneys focused on pursuing justice and fair compensation for injuries and related losses.

Get Help After a Truck Accident

Were you injured because of a negligent truck driver or trucking company? Call (212) 986-7353 to schedule a free consultation.

truck accident on highway

What’s the Legal Process for a Truck Accident Case?

A truck accident case can involve several stages, from investigating the collision to negotiating a settlement or proceeding to trial. The legal process generally includes the following steps:

  1. Investigating the Truck Accident. A truck accident case generally begins with an investigation. An attorney may examine the crash scene, available photographs and video, police reports, witness information, medical records, trucking documents, and other evidence that helps establish liability and damages.
  2. Identifying Potentially Responsible Parties. The next step involves identifying the potentially responsible parties and applicable insurance policies.
  3. Documenting Injuries and Losses. The victim’s injuries and losses must also be documented. This may involve reviewing medical treatment, lost income, future medical needs, diminished earning capacity, and the ways an injury affects daily life.
  4. Presenting the Claim and Pursuing a Resolution. A claim may then be presented to the responsible parties and insurers. If the parties cannot reach an appropriate settlement, a lawsuit may be filed. Litigation can include discovery, depositions, analysis, motions, settlement negotiations, and ultimately a trial if the dispute is not otherwise resolved.

Discuss Your Claim With a NYC Truck Accident Lawyer Today

Truck accident claims can involve drivers, trucking companies, vehicle owners, and other parties. Speak with WRSMH about your legal options. Call (212) 986-7353 today.

Who Is Liable for Truck Accident Injuries?

Tractor-trailers, box trucks, delivery trucks, dump trucks, garbage trucks, and other commercial vehicles regularly share New York City streets with passenger cars, cyclists, and pedestrians. The immense size and weight of these vehicles can make collisions especially dangerous.

Unlike some ordinary car crashes, commercial truck accidents can involve several individuals and businesses whose conduct contributed to the collision. Identifying all potentially liable parties can be important when an accident results in catastrophic injuries and substantial long-term losses.

Potential defendants in a truck accident case may include:

  • The truck driver
  • The trucking company
  • The vehicle owner
  • The cargo loading company
  • The maintenance provider
  • Another driver
  • Another business responsible for an unsafe condition

When Truck Driver Negligence Causes Accidents

Commercial truck drivers are responsible for operating their vehicles safely and following traffic laws. Truck driver negligence may contribute to accidents in several ways, including:

  • Speeding: Speeding can make it difficult for a truck driver to slow down or stop when traffic conditions suddenly change. The size and weight of a commercial vehicle can make excessive speed particularly dangerous.
  • Fatigued or distracted driving: Fatigue and distraction can interfere with a driver’s ability to recognize hazards and respond to changing traffic conditions. Even a brief lapse in attention may leave insufficient time to avoid a collision.
  • Driving under the influence: Driving under the influence of alcohol or drugs may impair judgment, coordination, reaction time, and hazard recognition. Evidence in a suspected impaired-driving crash may include police reports, chemical test results, witness statements, video footage, medical records, and information about the driver’s activities before the collision.
  • Following too closely: Commercial trucks generally require substantial stopping distances. A driver who follows another vehicle too closely may not have enough time or space to stop when traffic slows unexpectedly.
  • Failing to yield or obey traffic signals: A truck driver who fails to yield, runs a red light, or ignores a stop sign can cause a serious intersection collision. Traffic-camera footage, surveillance video, witness statements, photographs, vehicle data, and police reports may help establish what occurred.
  • Making unsafe turns: Large commercial trucks need additional room to complete certain turns. A driver who fails to plan or execute a turn safely may strike a nearby vehicle, pedestrian, cyclist, sign, or other object. Right turns can be especially hazardous when drivers fail to check their mirrors and blind spots.
  • Making unsafe lane changes: Commercial trucks have substantial areas around them that may be difficult for drivers to see. Failing to check mirrors and blind spots, signal properly, or confirm that a lane is clear can result in a sideswipe collision or force another road user out of their path.

Trucking Companies

A trucking company may face liability for an employee driver’s negligence when the driver was acting within the scope of employment. A company can also potentially be liable for its own negligent conduct.

Commercial trucking companies should exercise reasonable care when selecting and retaining drivers. Negligent hiring occurs when a company knew or reasonably should have known that a driver was unqualified or unsafe for the position. Relevant evidence could include licensing information, employment history, driving records, or previous safety incidents.

Negligent retention occurs when evidence shows that driver poses an unreasonable safety risk. If the employer continues allowing that person to operate commercial vehicles and the known problem contributes to an accident, the company’s conduct may warrant investigation.

Trucking companies and vehicle owners should also perform regular maintenance checks to identify mechanical problems that could create a danger on the road.

Truck Loading Companies

Cargo must be properly loaded and secured before a commercial truck enters the road. Improper weight distribution or unsecured cargo can affect a truck’s balance and make it more difficult to control, while overloading can increase stopping distances and place additional strain on tires, brakes, suspension components, and other vehicle systems. These conditions can contribute to serious truck accidents.

Determining responsibility may involve examining cargo manifests, loading documents, weight records, photographs, inspection information, and testimony, as well as what the truck driver, trucking company, shipper, and loading contractor knew about the cargo before the trip began.

Drivers in Other Vehicles

A passenger vehicle driver might cut abruptly in front of a truck, make an unsafe lane change, run a red light, drive while distracted, or otherwise create a dangerous situation. New York follows a pure comparative negligence system. When multiple parties share responsibility, an injured person’s damages may be allocated according to each party’s degree of fault.

Manufacturers of Defective Vehicle Parts

When a defective product contributes to a crash, the manufacturer or another party involved in the product’s distribution may bear responsibility. Tire blowouts, defective vehicle parts, and other mechanical problems can cause a driver to lose control of a commercial truck. A defective component may also prevent a truck from stopping, steering, or operating as intended.

Filing a Wrongful Death Claim in New York

When a death results from another party’s wrongful act or negligence, the personal representative of the deceased person’s estate may have grounds to pursue a truck accident wrongful death claim.

Recoverable wrongful death damages are determined under New York law and may include qualifying financial losses resulting from the death. A related survival claim may address certain damages the deceased experienced between the injury and death.

What Clients Are Saying About Us

From the bottom of my heart, thank you-Brittany Sammut (5-Star Google Review)

This is to Konstantin Burshteyn and team. From the bottom of my heart, thank you. Genuinely and purely appreciate you and the hard work that was put in these last 4 years with my case. Working ruthlessly, tirelessly, listening diligently to all of my complaints and issues, and making sure I am heard and taken care of properly. You guys gave me a future my family and I will forever be grateful and thankful for. A weight has lifted and I see peace in my future. Konstantin Burshteyn’s team. They made it possible for me. Thank you.

I highly recommend this firm-Cristiano Saraiva (5-Star Google Review)

The office staff is very professional and polite. My attorney, Carmine, and his team helped me through the entire process, from the hospital to the end result, and I highly recommend this firm. I would like to thank Dr. Carmine and his team for the excellent work they did during this difficult stage that I went through! They were essential in this process; they gave all the necessary support; they spared no effort to ensure that in the end we had a satisfactory result!

Case Results

Pedestrian Struck by Waste Removal Truck: $6,500,000 Verdict

Our client was struck by a waste removal truck while walking to work in Manhattan’s Meatpacking District, suffering spinal injuries that required cervical and lumbar fusion surgeries. Defendants disputed responsibility, comparative negligence, and the severity and cause of his injuries. After hearing testimony from treating providers and a biomechanical engineer, the jury found our client was not comparatively negligent and had sustained a serious injury. The unanimous jury awarded $6.5 million for past and future pain and suffering, exceeding defendants’ highest settlement offer.

Woman Run Over by Garbage Truck: $3,500,000 Verdict

WRSMH attorney Bryce Moses represented a young woman who suffered a severely fractured ankle after she was run over by a garbage truck in Brooklyn. The defendant argued that another company’s truck caused the accident. During the month-long trial, Bryce established the defendant’s responsibility and challenged its witness using contradictory statements from the witness’s own published work. The jury ultimately returned a $3.5 million verdict for the client.

Other Locations We Serve in New York

Speak With a New York City Truck Accident Lawyer

Wingate, Russotti, Shapiro, Moses & Halperin, LLP represents people who are injured in truck accidents throughout New York City. A serious truck accident can leave you facing significant injuries, mounting medical expenses, lost income, and uncertainty about what comes next.

To find out how we can help, call (212) 986-7353 for a free consultation.

Frequently Asked Questions About Truck Accidents

Who Can Be Liable for a Truck Accident?

Depending on the circumstances, responsibility may extend beyond the truck driver. A trucking company, vehicle owner, maintenance provider, cargo-loading company, or manufacturer could potentially bear responsibility. Determining who may be held accountable typically requires investigating how and why the collision occurred.

How Is a Truck Accident Different From a Car Accident?

Commercial truck accidents can involve multiple companies, insurance policies, and sources of evidence. Trucks can also cause particularly serious injuries because of their size and weight. A lawyer can investigate the parties involved and determine which laws, regulations, and insurance policies may apply.

How do I find the best lawyer for a truck accident case?

Look for an attorney with experience handling serious truck and motor vehicle accident claims, the resources to investigate complicated liability issues, and experience preparing cases for litigation and trial. You should also ask about the lawyer’s approach to communication and case preparation.

What Evidence Can Help Prove a Truck Accident Claim?

Evidence may include police reports, photographs, witness statements, medical records, vehicle damage, electronic logging information, maintenance records, driver qualification records, and data from the truck’s electronic systems. The evidence available will depend on the circumstances of the crash.

What Compensation May Be Available After a Truck Accident?

An injured person may be able to seek compensation for medical expenses, lost income, reduced earning ability, pain and suffering, and other accident-related losses.

Meet Our Attorneys

Bryce Moses

Bryce Moses is a partner and senior trial attorney at Wingate, Russotti, Shapiro, Moses & Halperin, LLP. He handles complex personal injury matters involving construction accidents, motor vehicle collisions, premises liability, pedestrian injuries, workplace incidents, and wrongful death.

Clifford H. Shapiro

Clifford H. Shapiro is a managing partner at Wingate, Russotti, Shapiro, Moses & Halperin, LLP. His approach pairs early settlement efforts with thorough preparation so matters are positioned for litigation when necessary.

Philip Russotti

Philip Russotti is a senior partner at Wingate, Russotti, Shapiro, Moses & Halperin, LLP. He has spent decades representing people injured in complex civil matters and has tried cases involving construction accidents, medical malpractice, product liability, premises liability, motor vehicle collisions, and other serious injury claims.

Kenneth J. Halperin

Kenneth J. Halperin is a partner at Wingate, Russotti, Shapiro, Moses & Halperin. His practice includes construction accidents, workplace injuries, motor vehicle collisions, premises liability, and other negligence matters.

Additional Information