Helping Victims of Trucking Accidents in NYC
The trucking industry is a vital part of this nation’s economy. With tens of millions of trucks driving around the United States, it is no wonder that wrecks are an all-too-common sight. Unfortunately, due to their size, tractor-trailers can cause devastating injuries. Everybody has an important responsibility to follow traffic laws on the road, but especially truck drivers.
When a semi-truck crashes into a smaller vehicle, it’s easy to place the blame on the truck driver. If the collision was due to an incorrect turn, tailgating, or speeding, then that driver could be found negligent. However, the trucking company could also be held liable if it is determined that the crash was due to a violation of federal or state trucking laws. When truck companies don’t follow the rules, catastrophic accidents can and do occur.
If you or a loved one has been involved in an accident with a big rig, you’ll need strong representation from Wingate, Russotti, Shapiro, Moses & Halperin, LLP. Contact our team at (212) 986-7353 to speak to an experienced New York truck company negligence attorney.
Rules That a Truck Company Must Follow
Companies have to make sure their commercial vehicles have undergone proper inspections prior to going out on the road. Of the many components that need to be inspected, some important ones include:
- Fuel Tanks
- Headlights and taillights
- Turn signals
Every trucking company must follow the regulations laid out by the Federal Motor Carrier Safety Administration (FMCSA). These include:
- Truck drivers must record their activity in a driver’s log.
- Truck drivers must have specific types of insurance based on their cargo and other factors.
- Truck drivers must follow the Hours of Service (HOS) regulations, which indicate how long they are allowed to drive consecutively, and how long they must rest between stretches of driving time.
When companies push their drivers to disregard these regulations, they can be blamed for an accident. This, of course, can be very hard to prove. That’s why you need an experienced truck accident attorney to fight and win your case.
Different Types of Truck Company Negligence
There’s no question that commercial trucking companies face stiff competition. Unfortunately, this drive for profits incites many companies to cut corners and bypass some of the most important safety regulations, including:
- Hours of Service violations: The company coerces or pushes its employees to drive for a longer duration than what is allowed, or to take fewer breaks.
- Improper training: The company fails to provide adequate training to its drivers before sending them on the road. Hiring someone without a valid commercial driver’s license (CDL), who failed a road test, didn’t have hazardous materials training, or failed to comply with HOS regulations, is precarious for a trucking company.
- Negligent hiring: The company chooses to put someone behind the wheel who is not qualified. For instance, if a driver has a habit of road rage or has known substance abuse issues, this can qualify as negligent hiring.
- Improper vehicle maintenance: The company fails to certify that its vehicles are fit to drive on the road. Failing to inspect tires, tie-downs, brakes, the steering wheel, or other components can lead to extremely dangerous situations.
Even though a truck driver may have actually caused the crash, his employer could also be held liable. In legal terms, this is referred to as "vicarious liability." First, you’ll have to prove the company was aware of the circumstances that led directly to the collision. This can be difficult, as truck companies that are violating commercial vehicle regulations don’t do so out in the open. They also send out risk assessment specialists to the crash site as soon as possible, hide information, and use other tactics that make it difficult to prove liability. Truck companies will have far more resources to fight the case and, because of the risk of paying substantial amounts if they lose, they will fight aggressively to disprove their liability.
Statutes of Limitations in New York
The statute of limitations in New York for a truck accident can vary, but in most cases, it is three years from the date of the accident. If you have lost a loved one, a wrongful death claim must be filed within two years. If you fail to file within these timeframes, the court will dismiss your case and you will be unable to collect the compensation that you are owed.
Depending on the circumstances of the crash, you may be able to seek damages for your medical expenses, lost income, emotional pain and suffering, and other losses.
Get Help From a New York Truck Accident Attorney
At Wingate, Russotti, Shapiro, Moses & Halperin, LLP, we understand that accident victims are suddenly forced to deal with unwanted and long-lasting consequences. While it’s easy to blame the truck driver, a trucking company that fails to comply with safety regulations should be held accountable as well. You need the support of a knowledgeable NYC truck accident attorney who has experience fighting against these large companies.
If your injuries are due to the negligent behavior of a trucking company, contact our office to discuss your legal options and get the support you need to protect your future.
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.
$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.
$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.
$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.
$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.
$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.
$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.
$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.
$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.
$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.
$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.
$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.
$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.
$800,000 - Garbage Truck Accident
Our client was a 60 year old man who was stopped at a red light when defendant, who was driving a mack truck while performing garbage collection in Brooklyn, struck him in the rear.