Injured in a Crash With an Overloaded Truck in New York?
Cargo trucks are a vital part of many commercial enterprises in this country. Whether they are traveling from state to state or just taking products from one end of New York to another, these trucks provide an important service. However, the companies running these trucks must operate them in a safe way, and that includes loading the trucks with a reasonable amount of weight.
Every trip a delivery truck makes costs the company money, from vehicle maintenance to gas costs to the salary of the truck driver. The temptation is to reduce these costs and increase profits by loading up trucks with as much weight as possible, thereby reducing the number of trips. When trucks are overloaded, however, they become a menace to everyone else on the road.
If you or a loved one has been injured in a collision involving a commercial truck, it may have been caused by reckless overloading. Call the NYC truck accident lawyers at Wingate, Russotti, Shapiro, Moses & Halperin, LLP, at (212) 986-7353 and make sure your rights are protected.
Is Overloading a Truck Dangerous?
Yes, overloading trucks is extremely dangerous. Commercial trucks are designed with clear and specific weight limits that they can safely transport. Engineers calculate the number and location of axles, how the brakes function, and the overall dimensions of all parts of the truck to come up with this weight limit. When a truck is overloaded, it no longer acts the way it was designed to act on the road, and an accident becomes much more likely.
Some ways an overloaded truck can cause an accident include:
- Tires can burst under the pressure of excess weight in the truck
- Brakes can wear down faster due to overloading
- Improper weight and load distribution can cause a rollover
- Unbalanced weight can cause the driver to lose control
- Excess loads can increase speed when going downhill, making it impossible to stop
- Excess loads can decrease speed going uphill, causing a collision
- Overloaded trucks can damage roads, creating the opportunity for a crash
Who Is Liable for an Overloaded Truck?
That can be a difficult question to answer, but it will likely come down to the company that owns and operates the truck. How did the truck come to be overloaded? Who placed and secured the load? Who was supervising the loading? For a trucking company to be held liable, it has to be shown that the company acted in a negligent manner, and the negligence directly caused or contributed to the accident.
Proving this can be difficult, especially if the trucking company makes efforts to hide or destroy evidence. But an experienced New York auto accident attorney can put together a case involving expert testimony, investigations by professionals to gather evidence, and recreations that show how the negligent overloading of the truck caused the collision.
What Can I Do After a Truck Crash in New York?
After a collision involving an overloaded commercial truck in New York, you do not have to suffer in silence – you can take action. But you need an experienced lawyer to make sure your rights are protected and prove the trucking company caused your injuries. Call Wingate, Russotti, Shapiro, Moses & Halperin, LLP, at (212) 986-7353 today and put us to work for you.
Our Truck Accident Case Results
$6.5 Million - Man Hit by Truck in Queens
WRSMH attorneys Bryce Moses and Ashley Jacoby obtained a large verdict for a man who was struck by a truck in Queens.
Bryce Moses, Ashley Jacoby
$3.5 Million - Young Woman Run Over By Garbage Truck
Bryce Moses represented a young woman who was run over by a garbage truck in Brooklyn that shattered her ankle in three places.
Bryce Moses
$3.3 Million - NY Truck Accident Case
The plaintiff asserted that the injuries suffered in the collision with the truck will permanently prevent her from working.
Kenneth Halperin, Philip Russotti
$3 Million - New York Truck Accident
Cliff Shapiro and another WRSMH attorney were able to settle a truck accident case for the amount of $3,000,000 on behalf of a 45 year old delivery man from Queens.
Clifford Shapiro
$2.9 Million - Vehicle Hit by Truck
Victor Goldblum successfully represented a client who underwent three surgeries as the result of injuries sustained in a truck collision.
Victor Goldblum
$2 Million - Client Rear-ended by a Tractor Trailer While Stopped at a Traffic Light
Plaintiff sustained multiple injuries when he was rear-ended by a tractor trailer while he was stopped at a traffic light.
Ashley Jacoby
$2 Million - Rockland County Woman Rear-ended by a Semi-tractor Trailer
Luigi Izzo obtained $2 million for a client who was injured after being rear-ended by a semi-tractor trailer.
Luigi Izzo
$2 Million - Flatbed Tractor Trailer Backed Into Minibus
Cliff Shapiro obtained a recovery for a 32-year-old male who was in the course of his employment with Access-A-Ride when his vehicle was struck by a flatbed tractor trailer.
Clifford Shapiro
$1.8 Million - Two Clients Struck by Garbage Truck
WRSMH attorneys obtained a $1,800,000 settlement a year before trial for two plaintiffs who were injured after they were struck by a garbage truck.
Clifford Shapiro, Noah Katz
$1.5 Million - New York City Department of Sanitation Truck Accident
This motor vehicle accident involved a 43 year old woman who was rear-ended by a New York City Department of Sanitation truck.
Michael Fitzpatrick, Clifford Shapiro
$1.5 Million - Bronx Woman Injured in Truck Collision
WRSMH attorneys Clifford Shapiro, Robert Bellinson, and another WRSMH attorney were able to obtain a settlement in the amount of $1,500,000 on behalf of a fifty-one year old librarian from Bronx County.
Clifford Shapiro, Robert Bellinson
$1.5 Million - Back Seat Passenger Underwent Lumbar Fusion
The plaintiff, a 29 year old male, was injured when he was a back seat passenger of a car that was sideswiped by a commercial truck which caused the car to be pushed off of the road into a tree.
Michael Fitzpatrick
$1.5 Million - Rear-Ended by a Truck at Red Light
Our client, was stopped at red light when she was rear-ended by a truck. Victor Goldblum was able to obtain $1,500,000 for our client, who required surgery as a result of the crash.
Victor Goldblum
$1.41 Million - Queens Box Truck Rollover Leaves Occupant Injured
The plaintiff, an occupant of a truck, was injured in a single vehicle accident and required surgeries to the neck and back.
Ashley Jacoby
$1.35 Million - Rear-End Truck Accident Causing Injuries
Plaintiff sustained injuries to his knee and spine after his vehicle was rear-ended by a truck.
Ryan Lawlor
$1.3 Million - Parked Car Sideswiped by Commercial Truck
Our client in this case was a 37-year old man who was injured when his parked school bus was sideswiped by the defendants' commercial truck.
Kenneth Halperin,
$1.3 Million - Crash with Fire Department Truck
Philip Russotti and Brielle C. Goldfaden obtained a $1.3 million settlement after jury selection on a trial against the City of New York, the New York City Fire Department and an FDNY employee.
Philip Russotti, Brielle Goldfaden,William Hepner
$1.150 Million - Garbage Truck Accident Case
Bryce Moses and another WRSMH attorney were able to obtain a settlement in the amount of $1,150,000 on behalf of our client, a 35-year-old man from Kings County.
Bryce Moses,
$1.1 Million - Struck by Garbage Truck Which Attempted Right Turn from Left Lane
Kenneth J. Halperin obtained a $1,100,000 settlement for a man who was operating his livery cab when he was struck by a garbage truck that attempted to make a right turn from the left lane and broadsided his vehicle.
Kenneth Halperin
$950,000 - Man Rear-Ended by Tailgating Truck
Luigi Izzo successfully represented a client who suffered multiple injuries after being rear-ended by a truck that was tailgating.
Luigi Izzo