Should I File a New York Truck Accident Wrongful Death Lawsuit?

Most people killed in New York truck accidents aren’t drivers of large trucks, but the occupants of smaller vehicles trucks collide with. Many big rigs and tractor-trailers weigh 20 to 30 times more than cars and passenger vehicles, and are capable of crushing smaller vehicles, even at relatively slow speeds. Truck accidents often result in major or catastrophic injuries and even fatalities.

At Wingate, Russotti, Shapiro, Moses & Halperin, LLP, we understand the devastation caused by large truck accidents and the traumatic injuries they cause. These accidents not only affect injured victims, but also their family members. Many families tragically lose their loved ones in truck accidents. Our attorneys can help you secure just compensation for your losses and hold negligent truck drivers and trucking firms accountable.

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What Is Wrongful Death?

All traffic deaths are tragic, but not all fatal truck accidents result in a wrongful death case. The legal phrase "wrongful death" involves fatal injuries caused by the negligence or wrongdoing of another. Therefore, a truck accident wrongful death is when an occupant of another vehicle is killed because of a driver error, traffic violation or wrongful act committed by a truck driver.

According to the Fatality Analysis Reporting System, 3,602 people were killed nationwide in large truck crashes in a recent year. Only 16 percent of those deaths were truck occupants, while 67 percent were occupants of passenger vehicles and 15 percent were motorcyclists, bicyclists and pedestrians.

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What Are Causes of Fatal Truck Accidents?

It is crucial for a thorough and accurate investigation to take place when someone has been killed in a New York truck accident. It must be determined what caused the truck crash and who was responsible. While some truck accidents result solely from the negligence of the victim, many involve truck driver negligence and wrongdoing.

Examples of truck driver carelessness that can result in a wrongful death include:

  • Driver fatigue - There are federal regulations that are enforced to prevent truck drivers from working too long without rest. Hours-of-service regulations are there to make sure that drivers get sufficient rest before they get on the road. A violation of these regulations can result in a fatigued driver, who can be extremely dangerous.
  • Driver distraction - A relatively new Federal Motor Carrier Safety Administration rule restricts truck drivers from using a mobile device to make a call or even to press a button. They must use hands-free phones located in close proximity.
  • Speeding - Drivers must travel at a safe speed relative to the weather and roadway conditions. A number of devastating truck accidents happen because big rigs rear-end passenger vehicles.
  • Failure to yield - Truck drivers must use caution whenever they turn or change lanes.

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How a NY Fatal Truck Accident Lawyer Can Help

It is important to stay abreast of the ongoing investigation if you have lost a loved one in a fatal New York truck accident. It’s also advisable to keep records of your financial losses related to the crash and to research your legal options. With the help of a truck accident attorney, you may be able to receive financial compensation for medical bills, funeral expenses, lost wages the victim would have earned, loss of consortium, pain and suffering and other related damages.

A New York City wrongful death attorney will help make sure that you are offered fair compensation for your significant losses. Our firm has the resources to thoroughly investigate truck accident cases. In these accident cases, it’s important that critical evidence, including driver phone records, driver logs and vehicle maintenance records, are preserved. Failure to do so can result in significant evidence getting lost. Call us at (212) 986-7353 for a free and comprehensive consultation.

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Additional Information

Our Wrongful Death Case Results

$4.5 Million - Emotional Injuries Caused by Baby's Death

Phil Russotti recently obtained, by our research, the largest verdict, $4,500,000.00, ever rendered in the country for emotional damages for a mother who lost a child at childbirth.

Philip Russotti

$4.5 Million - Wrongful Death of Construction Worker by Heat Stroke

WRSMH attorneys obtained a $4.5 million dollar settlement for the family of a construction worker who died as the result of heat stroke at a construction site.

William Hepner, Jason Rubin

$1.9 Million - Elevator Mechanic Killed on Job

Bryce Moses represented the family of an elevator mechanic who was killed while performing repairs in an elevator shaft when the elevator directly overhead crushed him.

Bryce Moses

$1.875 Million - Failure to Treat Electrolyte Imbalance

During jury selection in Westchester County, the firm settled a case involving the death of a 42-year-old Vice President for Blue Cross / Blue Shield.


$1.8 Million - Medical Malpractice Wrongful Death

WRSMH attorney Jason Rubin obtained a $1,800,000.00 settlement in a wrongful death case involving the death of a 21 year old woman resulting from a hospital's failure to timely diagnose and treat postoperative bleeding.

Jason Rubin

$1.75 Million - Failure to Diagnose Lung Cancer

During trial, Jason Rubin settled a medical malpractice case for $1.75 million arising out of the death of a 73 year old man as a result of defendants' failure to diagnose small cell lung cancer.

Jason Rubin

$1.5 Million - NY Rail Road Accident

WRSMH attorney Bill Hepner settled this matter at the second mediation of this case, five days before he was to pick a jury and begin trial.

William Hepner

$1.45 Million - Wrongful Death

WRSMH attorney settled a case of liability during trial in the amount of $1,450,000. The case was against a Long Island trucking company, hospital, and surgeon for the pain and suffering and death of a 48 year old father.


$925,000 - Medical Malpractice Wrongful Death Settlement

Jason Rubin obtained a $925,000.00 settlement in a medical malpractice/wrongful death case involving the death of a 48 year old woman as a result of a hospital's failure to diagnose and treat pulmonary embolism.

Jason Rubin

$835,000 - Failure to Diagnose and Treat a Pulmonary Embolism and Deep Vein Thrombosis, Resulting Death

The case involved the failure of defendants to diagnose and treat a pulmonary embolism and deep vein thrombosis, resulting in decedent's death several weeks later.

Jason Rubin

$750,000 - Failure to Timely Diagnose Cancer of the Parotid Gland

Jason Rubin obtained a $750,000 settlement in a wrongful death case where there was a delay in the diagnosis of parotid cancer, which eventually caused the decedent's death

Jason Rubin

$750,000 - Woman Struck and Killed by a Tractor Trailer

Kenneth Halperin obtained a settlement in the amount of $700,000 out of a $750,000 insurance policy for the estate of a 75 year old woman struck and killed by a tractor trailer.

Kenneth Halperin

$650,000 - Negligent Security at a Group Home for the Mentally Disabled

Attorney Ken Halperin settled this negligent security case during mediation for $650,000.00. The decedent was a 29-year-old resident of a group home for the mentally disabled.

Kenneth Halperin

$600,000 - Pedestrian Killed by Out of Control Vehicle on Strip Mall Sidewalk

WRSMH attorney, obtained a $600,000 settlement for the estate of a man who was killed by an out of control vehicle in a strip mall parking lot, which had jumped onto the sidewalk, striking and killing our client.


$600,000 - Medical Malpractice Death Case

Prior to trial, Jason Rubin obtained a $600,000 settlement in a medical malpractice/wrongful death case arising out of the failure to diagnose uterine cancer in a 35 year old woman.

Jason Rubin

$510,000 - Pedestrian Fatally Injured in Car Accident

Our client, a 74 year old woman suffering from significant dementia, was hit by a motor vehicle in the early morning hours. As a result of the impact our client passed away.

Paula Greco

$500,000 - Drowning at Amusement Park

WRSMH took a plaintiff's verdict on liability against a municipality in the drowning death of a 43 year old Korean male at a public lake.


$450,000 - 74 Year Old Dies From Post-Surgical Complications

WRSMH attorney settled for $450,000 the case of a 74 year old man who died from severe post-surgical complications from what was to be routine hernia surgery.


$450,000 - Wrongful Death - Fall Injury

Plaintiff was a 62 year old woman who went to her friends' house for a barbecue. Defendants had recently renovated a wooden deck and had not yet fastened handrails to the deck stairs.

William Hepner

$300,000 - Fatal Vehicle Accident

Our client was the public administrator of Onondaga County. The decedent was a 76 year old woman who's vehicle was rear ended by a tractor trailer. She was pronounced dead at the scene.


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