To outsiders, truck accident settlements may seem eye-popping. In recent years, an Idaho jury awarded $27 million in damages to the family of a woman killed in a trucking accident. Similar multi-million dollar verdicts have been awarded in states like Texas, Louisiana, Connecticut, California, Illinois, and Indiana.[1] These seemingly lucrative verdicts starkly contrast with the harsh realities faced by those whose lives are tragically upended or ended by trucking accidents.

Understanding NYC Truck Accident Settlements

Why Are Truck Accident Settlements So Large?

Not every truck accident case is settled for millions of dollars. Many cases settle for far less, and some are outright unsuccessful. The public鈥檚 perception of these settlements can often be skewed by reporting bias.

However, there are reasons why some truck accident settlements and jury verdicts can reach substantial amounts. As discussed below, New York law allows juries to award damages for various types of injuries鈥攂oth economic and non-economic. Truck accidents often result in catastrophic injuries or fatalities, leading to lifelong disabilities, enormous medical bills, funeral expenses, lost income, and, in the worst cases, the loss of human life. All of these are compensable under the law and can lead to significant settlements.

Beyond the compensability of injuries, large jury verdicts can drive settlements upward. Defendants in truck accidents often prefer to settle because settlements are generally less costly than risking a large jury verdict at trial.

The Pivotal Role of Insurance in Truck Accident Cases

Truck accident cases are a type of personal injury case, and insurance policies play a significant role in every personal injury case. As previously discussed, settlements and verdicts can reach sizable amounts in truck accident cases. Even business defendants often lack the funds to pay the entire settlement or verdict.

Insurance funds are necessary to compensate injured people for their losses after a successful truck accident case. The United States government recognizes this necessity, requiring every trucking company (sometimes referred to as 鈥渃arriers鈥�) to establish financial responsibility for a minimum of $750,000 in insurance policies to ensure people injured in trucking accidents can be compensated for their medical costs.[2] However, $750,000 is often inadequate to cover the entire settlement or verdict, so damages awarded beyond that amount are often paid by the companies themselves if they maintain only the minimum coverage.

But there is another reason for requiring carriers to maintain insurance coverage: it provides a financial incentive for them to engage in safe practices.[3] Before issuing a policy, an insurance company will investigate the policies and procedures of the trucking company to ensure that the insurer has adequately evaluated the risk it is agreeing to insure.[4] If, after investigation, the insurance company determines that the carrier is engaged in unsafe practices, it will either charge significantly higher premiums or refuse to issue a policy at all. Evaluating safety risks is one of the primary endeavors of an insurance company, and the government recognizes that insurance companies are best positioned to monitor the safety compliance of these trucking companies by requiring insurance policies.

Building a Strong NYC Truck Accident Case

Thorough investigations, proficient use of expert witnesses, and a deep understanding of the Federal Motor Carrier Safety Regulations (FMCSRs) are the foundations of a strong NYC truck accident case. Each of these will be explored in turn.

A Proper Investigation is a Prompt Investigation

NYC personal injury lawyers litigating truck accident cases must immediately begin gathering evidence.[5] Specifically, the NYC personal injury attorney working on a truck accident case will want to ensure the preservation of and then inspect all of the vehicles involved in the accident. That inspection may reveal the vehicles鈥� general maintenance leading up to the accident and determine the precise locations of impact. It may also lead to the discovery of the truck driver鈥檚 logbook, the vehicle鈥檚 maintenance records, prescription drug or alcohol containers indicating a driver鈥檚 illness or substance abuse, and a variety of other relevant evidence.[6]

Efficient Use of Expert Witnesses

Another facet of a successful truck accident case is the attorney鈥檚 choice of expert witnesses. The attorney will almost always want to use an expert witness on the trucking industry as a whole.[7] That expert witness can provide testimony regarding the proper maintenance of the truck, appropriate safety practices for companies and drivers, how to properly secure loads, the correct brake systems for large commercial vehicles, and many other areas.[8] The selection of this expert should be made based on the facts of a given case, ensuring that the expert chosen is best suited to analyze and testify about the specific facts of that case.

Given that sleep deprivation is such a common cause of truck accidents, many cases will necessitate the use of a sleep expert.[9] This expert can help to quantify the impact of sleep deprivation on truck drivers. That quantification鈥攊n conjunction with testimony from a trucking industry expert about the regulations intended to prevent truckers from falling asleep at the wheel鈥攇ives context to how the driver鈥檚 sleep deprivation was caused by inadequate adherence to trucking safety regulations regarding hours-of-service.[10]

The FMCSRs Are the Rules of the Road in Truck Accident Litigation

The Federal Motor Carrier Safety Administration (FMCSA) is an agency established by Congress to reduce trucking crashes, injuries, and fatalities.[11] The FMCSA endeavors to reduce crashes, injuries, and fatalities by issuing the Federal Motor Carrier Safety Regulations, which are federal regulations (adopted by New York) that govern the trucking industry.

The FMCSRs govern every aspect of trucking. Drivers who violate them, as well as their employers, can both be held liable for injuries caused by those violations.[12] New York tort law is clear that violations of the FMCSRs are very strong evidence of negligence鈥攖hough they do not constitute negligence per se鈥攊f the violation of the FMCSR is proven to have caused the other party鈥檚 injury in the truck accident.[13]

Maximizing Compensation in NYC Truck Accidents

To maximize the compensation received in a settlement for a NYC truck accident, it is critical to understand two things. First, one must understand why the law allows them to recover damages鈥攅conomic or non-economic damages鈥攆or the catastrophic injuries suffered in the accident. Second, one must understand who may collect those damages, particularly in fatal truck accident cases, and how that fatality impacts the damages that may be awarded.

Damages: An Overview of the Legal Remedies Available in NYC Truck Accidents

It is critical to understand the different types of damages available to people injured in trucking accidents in New York. People are entitled to recover damages that necessarily, usually, and immediately flow from a personal injury caused by another person鈥檚 negligence.[14] These damages are an implied result of the person鈥檚 conduct under the law, meaning that the injured person need only make a general allegation in the complaint that the damages were caused by their injury.[15] Damage awards for pain and suffering occurring as a natural and necessary result of an injury are the most common example of damages that are implied results of the defendant鈥檚 conduct, which can be alleged in a general sense.

However, New York law requires other damages to be alleged specifically in the complaint. In the context of a truck accident case, these damages commonly include medical expenses. Trucking accident plaintiffs who have suffered catastrophic injuries are entitled to recover bills for medical, hospital, and nursing expenses incurred if they meet two requirements. First, the plaintiff must plead and prove the amount of those expenses in sufficiently definite terms that a jury can determine the value of the medical, hospital, and nursing services rendered to the plaintiff.[18] Second, the plaintiff must also show that the medical expenses incurred in the truck accident were proper, reasonable, and necessary in light of the circumstances.[19]

A second category of damages that a plaintiff injured in an NYC truck accident may seek are those for permanent injuries. Specifically, a plaintiff seeking compensation for permanent injuries must plead that the injury is permanent.[20] At trial, the plaintiff will likely have to present a physician鈥檚 testimony to prove that the catastrophic injuries suffered in the trucking accident are permanent.[21] In a similar vein, anyone alleging that the trucking accident aggravated a preexisting condition must also plead the aggravation and provide sufficient evidence of that aggravation.[22]

Finally, plaintiffs injured in NYC truck accidents are entitled to economic damages for lost earnings or impairment of their earning capacity.[23] Lost earnings and impaired earning capacity must both be specifically pleaded and proven.[24]

Wrongful Death Claims

New York statute allows the personal representative of a deceased person to bring a lawsuit to recover damages for the wrongful act, neglect, or default that caused the deceased person鈥檚 death against anyone who would have been liable to the deceased person for that wrongful conduct.[25] Wrongful death actions serve to protect the rights of victims and families impacted by fatal truck accidents by allowing the deceased person鈥檚 surviving spouse and next of kin to bring the lawsuit their deceased family member could have brought if they were still alive.[26] The specific right protected by wrongful death actions is the right to compensation that the deceased person would have had if they had survived.

Wrongful death claimants can recover all of the damages discussed above plus general damages for the pecuniary loss they suffered due to the death.[27] The compensable pecuniary losses generally include the decedent鈥檚 loss of earnings, the value of the loss of services each of the survivors might have received from the decedent, loss of parental guidance from the decedent for the deceased person鈥檚 children, and the possibility of inheritance from the decedent.[28] Wrongful death lawsuits can also recover medical and funeral expenses incidental to the death.

Choosing the Right NYC Truck Accident Attorney

People injured in trucking accidents and the families of those killed in such accidents are rarely well-positioned to judge the quality of a particular truck accident attorney in New York. This lack of knowledge places these families between a metaphorical rock and a hard place. They may feel forced to choose between (1) hiring an attorney they know little about to represent them in a legal proceeding they do not fully understand, or (2) losing precious time to gather evidence in the wake of the accident so they can make the best choice of lawyer.

How to Choose the Right Lawyer

The choice of lawyer is a crucial decision that should not be taken lightly, but there are certain things families can look for when selecting an attorney. First, clients can search for their prospective attorney鈥檚 discipline records online, and they can find that database linked here.

There are other criteria to consider once a client knows the person they are hiring to handle this critical matter is in good standing. People seeking compensation for injuries caused in a truck accident will assuredly want an attorney who has experience litigating these cases. Personalized client service is another important issue. When interviewing attorneys, ask how many cases they currently have, how many of those cases are truck accidents, and how many cases they typically litigate at one time.

Representation on Contingency Fees

Legal services are expensive, and many people cannot afford to hire an attorney on an hourly basis. However, truck accident cases seeking financial compensation for personal injuries suffered in the accident are commonly handled on a contingency fee basis.

Essentially, a contingency fee is a method of paying the truck accident attorney where the attorney agrees not to charge the client until the case is resolved and payments are certain. Many people think of contingency fees as an agreement that, if successful in settling or winning the case at trial, the attorney will be entitled to a percentage of the settlement or damages awarded at trial. These percentages generally run between 25-40%.

Contingency fees are essential for ordinary people to afford attorneys in the American legal system. As previously stated, most people simply do not have the money to pay their lawyers on an hourly basis. But make no mistake: trucking companies and their insurers absolutely do. The contingency fee ensures effective representation of the injured people against those companies despite the significant gap in their resources.

Conclusion

Successful trucking settlements are premised on understanding the law of damages, the best way to protect a client鈥檚 right to receive compensation, and how to conduct an effective investigation of the accident. After that investigation is complete, efficient use of expert witnesses and a deep knowledge of the FMCSRs will help NYC truck accident attorneys representing injured people maximize the value of their settlements and jury verdicts.

If you or a family member have been injured in a commercial trucking accident, contact the attorneys at [LAW FIRM]. Our attorneys have years of experience litigating trucking accidents. Those years of experience have taught them the value of a thorough investigation, the ins and outs of the FMCSRs, and the importance of prompt client service. Our attorneys operate on a contingency fee basis, meaning the client only pays us a percentage of what we are able to recover for them.

Whether you鈥檙e dealing with injuries from a car accident, construction accidents, or a wrongful death case, our attorneys are here to provide compassionate support.

[1] CRC Group, Severity & Frequency of Truck Accidents is on the Rise (accessed August 8, 2024),

[2] 49 C.F.R. 搂搂 387.8(a), 387.9.

[3] Litigating Truck Accident Cases 搂 3:3 (Apr. 2024).

[4] Id.

[5] Litigating Truck Accident Cases 搂 2:2 (Apr. 2024).

[6] Id.

[7] Litigating Truck Accident Cases 搂 7:70 (Apr. 2024).

[8] Id.

[9] Litigating Truck Accident Cases 搂 6:4 (Apr. 2024).

[10] Id.

[11] 49 U.S.C.A. 搂 113 (2024).

[12] Luizzi v. Pro Transport, Inc., No. 02 CV 5388(CLP), 2013 WL 3968736, at *26 (E.D.N.Y. July 31, 2013).

[13] Elliott v. City of New York, 95 N.Y.2d 730, 735-36 (N.Y. App. Ct. 2001).

[14] Keefe v. Lee, et al., 197 N.Y. 68 (N.Y. App. Ct. 1909).

[15] Rosenberg v. Schwartz, 260 N.Y. 162, 183 N.E. 282 (N.Y. 1932). A case underscoring the importance of specificity in damage claims for medical expenses in personal injury cases.

[16] Furey v. U.S., 458 F. Supp. 3d 136 (S.D.N.Y. 2020). Emphasizes that pain and suffering damages should be considered as a natural and necessary result of the injury in personal injury claims.

[17] Stengel v. Thompson, 56 A.D.2d 731, 392 N.Y.S.2d 248 (N.Y. App. Div. 1977). Notes the requirement for medical expenses to be specifically stated in the complaint for recovery.

[18] Gill v. Brahms, 33 A.D.2d 722, 306 N.Y.S.2d 581 (N.Y. App. Div. 1969). Establishes that medical, hospital, and nursing expenses must be definitively proven to allow for jury determination.

[19] Perkins v. Coughlin, 35 A.D.2d 994, 317 N.Y.S.2d 209 (N.Y. App. Div. 1971). Holds that medical expenses claimed must be necessary and appropriate given the circumstances of the injury.

[20] Nolan v. State of New York, 283 N.Y. 384, 28 N.E.2d 826 (1940). Clarifies that permanent injuries must be explicitly alleged in the complaint.

[21] Reilly v. Freeman, 23 A.D.3d 1116, 805 N.Y.S.2d 210 (N.Y. App. Div. 2005). Requires that claims of permanent injuries should generally be supported by a physician鈥檚 testimony.

[22] Foltz v. City of New York, 28 Misc. 2d 478, 215 N.Y.S.2d 859 (Sup. Ct. 1961). Specifies the need for sufficient evidence when claiming aggravation of preexisting conditions in personal injury suits.

[23] Johnson v. Manhattan & Bronx Surface Transit Operating Authority, 71 N.Y.2d 198, 519 N.E.2d 326 (N.Y. 1988). Discusses the recovery of economic damages, including lost earnings in personal injury cases.

[24] Young v. Tops Markets, Inc., 283 A.D.2d 923, 724 N.Y.S.2d 660 (N.Y. App. Div. 2001). Establishes the requirement to specifically plead lost earnings and impaired earning capacity.

[25] N.Y. Est. Powers & Trusts Law 搂 5-4.1. The statute grants personal representatives the authority to bring wrongful death actions on behalf of the deceased鈥檚 estate.

[26] Gonzalez v. New York City Housing Authority, 77 N.Y.2d 663, 572 N.E.2d 598 (N.Y. 1991). Discusses the rights of surviving family members to pursue wrongful death claims.

[27] Tilly v. Hudson River Railroad Co., 29 N.Y. 252 (N.Y. 1864). Recognizes pecuniary loss as a recoverable element in wrongful death actions.

[28] Parilis v. Feinstein, 49 N.Y.2d 984, 429 N.Y.S.2d 165 (N.Y. 1980). Defines the specific pecuniary losses compensable under New York鈥檚 wrongful death statutes, including lost income, services, parental guidance, and potential inheritance.

The post NYC Truck Accident Lawyers: Maximizing Your Truck Accident Settlement appeared first on New York Personal Injury Lawyers.

Truck accident litigation ensues when a truck driver or trucking company (also called a 鈥渃arrier鈥�) fails to follow safety laws pertaining to the industry. These cases are brought on behalf of individuals who were severely injured or even killed due to the truck driver鈥檚 or carrier鈥檚 negligent conduct.

These cases involve the complexities of the American tort system and trucking industry regulations. It is critical that a personal injury lawyer handling a trucking accident case understands the regulations鈥攂oth those promulgated by the federal government and those issued by the state of New York鈥攚hen building a case.

The legal challenges posed by truck accidents in New York City are not just a matter of legal doctrine. The investigation of these cases requires consistency, proactivity, and creativity on the part of the truck accident lawyer to avoid loss of physical evidence, obtain all relevant witness statements, and secure the correct documents held by regulatory bodies.

If you have been injured in a trucking accident, call the New York City commercial truck accident lawyers at 91原创视频amp; Aspromonte Associates. Our attorneys have significant experience litigating cases involving serious injuries or deaths caused by the negligent operation of semi-trucks. That experience has given our attorneys extensive knowledge of the regulations and relevant legal doctrines in these cases, and they know how to properly investigate your case to maximize the compensation you are owed under the law.

Understanding Trucking Regulations in New York City

In 2000, Congress established the Federal Motor Carrier Safety Administration (鈥淔MCSA鈥�) as a stand-alone agency within the Department of Transportation (鈥淒OT鈥�) under the Motor Carrier Safety Improvement Act of 1999.² The FMCSA鈥檚 primary mission is to reduce automotive crashes, injuries, and fatalities involving large trucks and buses.

The FMCSA promulgates a complex system of rules and regulations known as the Federal Motor Carrier Safety Regulations (鈥淔MCSR鈥�) to govern commercial truckers and the industries employing them. These rules and regulations apply to commercial motor vehicles that are performing interstate operations. The FMCSA regulates many specific aspects of commercial trucking, but the following are the most common:

1. Hours-of-Service Regulations are defined in the 鈥淚nterstate Truck Driver鈥檚 Guide to Hours of Service鈥� and governed by the federal regulatory code. Hours-of-service regulations set limits on when and how long professional drivers can operate to ensure they are awake and alert while driving, continuously working to reduce the possibility of driver fatigue.³
2. Vehicle Maintenance Regulations set forth the maintenance standards for commercial motor vehicles, including requirements for specific brake systems, lights of a specific color and number, and the prevention of other mechanical defects.⁴
3. Driver Qualifications are governed by the FMCSA鈥檚 regulations鈥攁nd, as will be discussed, by state law. Specifically, the FMCSA mandates strict guidelines during the hiring process to ensure safety on America鈥檚 highways, placing compliance responsibilities on both the driver and the company employing him or her.⁵

But the FMCSA is not the only regulatory authority governing trucking accidents: the New York Department of Transportation (鈥淣YDOT鈥�) is also responsible for commercial motor vehicle safety after New York adopted a modified version of the Federal Motor Carrier Safety Regulations. NYDOT鈥檚 adoption of those regulations includes the following rules:

1. Weight Restrictions: NYDOT has adopted 49 C.F.R. 搂 391鈥攚hich governs the minimum qualifications for drivers of commercial motor vehicles鈥攂ut only applies it to drivers operating commercial motor vehicles that are either (1) at least 10,001 pounds and transporting hazardous materials, or (2) transporting hazardous materials requiring placarding under New York law.⁶
2. Cargo Securement: NYDOT adopted the federal rules for securing cargo by adopting the cargo securement standards set forth by the FMCSA under 49 C.F.R. 搂搂 393.100-393.136 (2024). These rules create general requirements for securing cargo, as well as more specific rules for securing specific types of cargo such as logs, automobiles, or metal coils.⁷
3. Commercial Driver鈥檚 License (鈥淐DL鈥�) Requirements: New York鈥檚 decision to adopt 49 C.F.R. 搂 391 means that every intrastate operator of a commercial truck or vehicle must obtain a CDL under New York state law.⁸

As a general rule, the FMCSR governs anyone driving a commercial truck or vehicle in interstate commerce. However, intrastate operations are automatically subject to only part of the FMCSR, the state鈥檚 CDL regulations, and any other regulations that the state has established. New York鈥檚 adoption of a modified version of the FMCSRs means that the FMCSR will generally govern intrastate operations in New York, but this is not true of every state.⁹

Proving Negligence in New York City Truck Accident Litigation

Making your case in a trucking matter will require you to prove fault on the part of either the owner/driver of the commercial vehicle or the owner/driver鈥檚 carrier or employer. In New York, the claim against an owner/driver of a commercial vehicle or his or her carrier or employer can be brought on a theory of either negligence or negligence per se. Further, a carrier can be held vicariously liable for the driver鈥檚 negligence, but it is also possible for the carrier to be held independently liable for its own actions. Each of these concepts will be explained further below.

Negligence vs. Negligence Per Se

Under the common law of New York, a negligence claim requires a plaintiff to show (1) that the defendant owed them a duty; (2) that the defendant breached that duty; (3) the plaintiff was injured; and (4) the defendant鈥檚 breach of their duty caused the plaintiff鈥檚 injury. A claim for negligence per se is a twist on the common law elements in that it establishes first that the defendant owed the plaintiff a duty, and second that the defendant breached that duty by violating a state statute.¹⁰

This distinction is very important under New York state law because New York law does not allow a claim of negligence per se based on the violation of a rule, regulation, or other provision of New York鈥檚 administrative code. Only the violation of a New York statute can constitute negligence per se. New York law considers the violation of a rule, regulation, or other provision of an administrative code as evidence of negligence. In the context of commercial truck accident cases in New York City, this means using the truck driver or carrier鈥檚 violations of the FMCSA or other New York rules or regulations as evidence that the driver and carrier were negligent. As such, a negligence action will be brought more frequently than a negligence per se action in New York City trucking accidents where the alleged negligent behavior is a violation of the FMCSRs.¹¹

Trucking Companies Can Be Either Vicariously or Independently Liable

Remember, these cases are not only about the commercial vehicle operator鈥檚 negligence; they are also about the carrier or employer鈥檚 negligence. To that end, the FMCSRs create a presumption of statutory employment that holds the motor carrier responsible for the negligent behavior of a truck driver operating a vehicle under the carrier鈥檚 control. Thus, carriers cannot claim drivers are independent contractors to avoid liability in these cases because 鈥渢he public policy underlying the FMCSA regulations [is] to eliminate the practice by motor carriers of hiring uninsured independent truckers to avoid liability鈥� to injured third parties.¹² In most circumstances, carriers are vicariously liable for the commercial operators they control.

Not only can carriers be held responsible for their drivers鈥� negligence, they can be held liable for their own negligence independent of the commercial vehicle鈥檚 operator. Negligence on the part of the carrier comes in many forms, including:

1. Negligent Hiring, Training, Retention, or Entrustment: The FMCSRs impose strict requirements on trucking companies when they hire drivers, and, sadly, many trucking companies decide not to follow these requirements due to pressures to remain competitive and a shortage of dependable drivers.¹³
2. Negligent Inspection, Maintenance, or Repair: If there is a mechanical failure contributing to the collision, then the carrier鈥檚 negligent inspection, maintenance, or repair of any of the truck鈥檚 complex systems may have caused the mechanical failure. 49 C.F.R. 搂 393 establishes the requirements for 鈥淧arts & Accessories for Safe Operation鈥� and should be consulted when a particular component is suspected to have contributed to the collision.¹⁴
3. Encouraging or Ignoring Falsified Hours-of-Service Logs: 49 C.F.R. 搂 392.3 prohibits drivers from operating a truck when the driver鈥檚 ability to be alert is impaired by fatigue, illness, or anything else making it unsafe to drive. 49 C.F.R. 搂 395 lays down the law concerning hours-of-service and logbook regulations. These provisions should be consulted whenever there is concern that a commercial vehicle鈥檚 driver was operating it in an improper state of fatigue.¹⁵

The carrier can be held liable, as a party independent of the driver, for all of the aforementioned negligent actions whenever the carrier controls the wrecked commercial vehicle.¹⁶

Investigations: The Most Critical Component of Building a Strong Truck Accident Case in New York City

Begin the Investigation Immediately

New York City commercial truck accident lawyers must begin their investigation of the case almost immediately. A poor or slow investigation of the accident can be devastating to semi-truck accident cases because evidence can be lost due to a lack of adequate preservation or the defendant intentionally destroying it. An easy way to prevent the loss or destruction of evidence is to send a letter to the defendant requesting written assurance that the evidence will remain intact and in existence, but counsel may seek a temporary restraining order if necessary to preserve the evidence.¹⁷

Inspect the Vehicles

By preserving the vehicles involved in the accident, the truck accident injury lawyer will be able to review the vehicles鈥� general maintenance prior to the accident, use expert witnesses to determine the speed at which the vehicles were traveling on impact, and examine the vehicles鈥� exteriors to determine the exact location of impact. The commercial vehicle may contain the truck driver鈥檚 logbook (which may reveal hours-of-service violations), maintenance records showing a long-ignored mechanical problem, or prescription drug containers indicating a driver鈥檚 illness or substance abuse. And, of course, the attorney will need to have the truck inspected.¹⁸

Get Witness Statements

Beyond obtaining this physical evidence, the attorney will want to interview witnesses and obtain their statements to develop a detailed overview of the case, target weaknesses in the case, and work to counteract those weaknesses. The attorney will want to speak with eyewitnesses, first responders, emergency personnel, highway patrol officers, and tow truck drivers to get important information about what happened.¹⁹

Know the FMCSRs

Every carrier in the United States must have a Motor Carrier Number (鈥淢C Number鈥�)鈥攁lso known as 鈥渙perating authority鈥濃�攖o operate in the United States. Carriers must demonstrate adequate financial ability, the ability to serve the public, and compliance with the FMCSRs鈥� stringent safety requirements regarding both equipment and driver competence to obtain operating authority.²⁰

The MC Number identifies the type of trucking business in which the operator is engaged and the goods hauled by a specific carrier. Carriers with operating authority will also receive a 鈥淯.S. DOT Number,鈥� which serves as a unique identifier when collecting and monitoring a company鈥檚 safety information acquired during audits, compliance reviews, crash investigations, and inspections.²¹

In order to obtain the MC Number and the U.S. DOT Number, the carrier must file an application known as Form MCSA-1. That application has a 鈥淐ompliance Certifications鈥� section in which the carrier certifies under oath that it:

1. 鈥渋s willing and able 鈥� to comply with all pertinent statutory and regulatory requirements and regulations issued or administered by the U.S. DOT, including operation regulations, safety fitness requirements, motor vehicle safety standards and minimum financial responsibility and designation of process agent requirements;鈥� and
2. 鈥渋s willing and able to produce for review or inspection documents which are requested for the purpose of determining compliance with 鈥� the FMCSRs.鈥�²²

A copy of a carrier鈥檚 application can be obtained through the FMCSA. That application can then be used to demonstrate that the company violated the certification it signed under oath.²³

An attorney can also order FMCSA safety information without a FOIA request and use a FOIA request to obtain other documents. The FMCSA safety information available without a FOIA request includes the safety ratings for specific motor carriers, carrier snapshots, and crash profiles. The attorney can use the U.S. DOT Number to FOIA request a company鈥檚 safety audits, compliance reviews, crash investigations, and inspections.²⁴

Conclusion

As discussed above, the legal complexities of a trucking accident case involve issues of tort law and the extensive regulatory systems of the federal government and New York State. Upon accepting a truck accident case, a personal injury lawyer in New York City should immediately begin the extensive process of investigating the accident and all of the circumstances leading up to it.

At 91原创视频amp; Aspromonte Associates, our attorneys have extensive knowledge of these legal issues and expansive experience investigating precisely these cases. Reach out to our firm if you or a loved one have been injured or killed in a truck accident. Our attorneys are here to consult with you regarding the compensation you are owed under the law.

Whether you鈥檙e dealing with injuries from a car accident, construction accidents, or a wrongful death case, our attorneys are here to provide compassionate support.

1. National Safety Council, 鈥淢otor Vehicle Safety,鈥� last accessed August 6, 2024.
2. 49 C.F.R. 搂 395 (2024); Litigating Truck Accident Cases 搂 2:17 (April 2024).
3. 鈥淚nterstate Truck Driver鈥檚 Guide to Hours of Service,鈥� FMCSA, last updated Thursday, April 28, 2022, .
4. 49 C.F.R. 搂搂 393, 396 (2024).
5. 49 C.F.R. 搂 390.11 (2024) (charging trucking companies with requiring driver compliance with regulation, including in hiring); Litigating Truck Accident Cases 搂 2:6 (April 2024).
6. 17 NYCRR 搂搂 820.0-820.14.
7. 49 C.F.R. 搂搂 393.116-393.136 (2024).
8. 17 NYCRR 搂 820.3 (adopting 49 C.F.R. 搂 391); 49 C.F.R. 搂 391.11 (requiring a valid commercial motor vehicle operator鈥檚 license).
9. Litigating Truck Accident Cases 搂 17:34 (Apr. 2024).
10. Id.
11. Id.
12. Litigating Tuck Accident Cases 搂 7:2 (Apr. 2024).
13. L.J. v. Zhang, 212 N.Y.S.3d 789, 798-99 (2024).
14. 49 C.F.R. 搂 393 (2024); Litigating Truck Accident Cases 搂 2:2 (Apr. 2024).
15. Litigating Truck Accident Cases 搂 2:14 (Apr. 2024).
16. Id.
17. Id.
18. Id.
19. 49 U.S.C. 搂 31132(2) (2024) (defining 鈥渆mployee鈥� as 鈥渁n operator of a commercial motor vehicle (including an independent contractor when operating a commercial motor vehicle)鈥�).
20. Luizzi v. Pro Transport, Inc., No. 02 CV 5388(CLP), 2013 WL 3968736, at *26 (E.D.N.Y. July 31, 2013).
21. Litigating Truck Accident Cases 搂 3:1 (Apr. 2024); Litigating Truck Accident Cases 搂 8:3 (Apr. 2024).
22. 49 C.F.R. 搂 365.117 (2024); Form MCSA-1 Application, Section M.
23. Litigating Truck Accident Cases 搂 8:3 (Apr. 2024).

The post Regulations and Legal Challenges in Truck Accident Litigation appeared first on New York Personal Injury Lawyers.

Truck drivers may seem relatively safe within those heavy machines. In fact, most of those injured and killed in commercial truck accidents are occupants of a passenger vehicle involved in the crash. However, commercial drivers are at greater risk than you may realize.

Injuries and Fatalities in the Commercial Trucking Industry

In 2015, more聽truck drivers were killed on the job聽than workers in any other profession. 745 commercial truckers died as the result of workplace injuries or illnesses, up from 670 in 2011. Truckers aren鈥檛 just at risk for fatal events, either. The profession was ranked among the top five for days away from work due to occupational injuries and illnesses.

Both fatal and non-fatal accidents may be the result of driver negligence, including:

• Speeding or driving too fast for conditions
• Failing to signal a lane change or ensure adequate space to change lanes
• Distracted driving, including texting and driving or cell phone usage
• Driving under the influence of drugs or alcohol
• Driving while fatigued

However, other factors often come into play. These additional factors impact both liability for the driver鈥檚 injury or loss of life and responsibility for harm to other drivers, bicyclists, pedestrians, and property. Some common factors include:

• Pressure from employers or contractors to increase efficiency by exceeding the speed limit or violating restrictions on the number of hours a driver may spend behind the wheel
• Faulty design of the truck or trailer, making it more susceptible to certain types of accidents
• Poor maintenance or faulty equipment associated with the vehicle

Each of these different factors potentially points to a different culprit. For example, where faulty design played a role in the accident, some or all of the liability may fall on the manufacturer. On the other hand, faulty maintenance may implicate the owner of the vehicle, who may be the driver, the company he is driving for, or another entity.

The many different possible explanations for a聽commercial truck accident聽can make it difficult for an injured party, whether a truck driver or someone injured by a large truck, to know who to pursue for damages and what type of evidence will be required.

For a free legal consultation, call聽(212) 732-2929

An Experienced Truck Accident Attorney Can Help

With a complicated web of possible causes and contributing factors in play, you don鈥檛 want to trust your commercial truck accident claim to just any attorney. It is to your advantage to work with a law firm that has the experience, knowledge, and resources necessary to thoroughly investigate the accident and potential parties. If you are a truck driver who was injured on the job or the next of kin of a truck driver killed in a work-related accident, you will also want to work with attorneys who have experience in both commercial truck accident cases and聽workplace injury cases.

Give yourself the benefit of our experience. Schedule a free consultation with Dansker&Aspromonte by filling out the contact form on this page, or by calling聽(212) 732-2929聽right now.

Legal Experts Can Help You Determine Liability

After a collision with a commercial truck, you may be eligible to collect compensation for your losses. But there may be numerous parties at fault, including the truck driver鈥檚 employer and part manufacturers. To ensure you hold every liable party accountable, partner with a聽truck accident lawyer in NYC.

Your attorney will investigate your case to identify who contributed to the accident. From there, they can collect evidence to demonstrate how the liable party caused your damages. With a legal expert by your side, you can feel confident standing up to insurance companies and all responsible parties.

Our firm is dedicated to helping clients affected by construction accidents, car accidents, major injuries, wrongful death, and additional types of personal injury.

Call or text聽(212) 732-2929聽or complete a聽Free Case Evaluation form

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New York is not immune from the danger of trucking accidents. The American economy is logistically dependent on the trucking industry, but this does not mean truck drivers and trucking companies are entitled to behave however they choose. Negligence on the part of truck drivers and trucking companies causes enormous economic loss in the United States each year. Even worse, commercial trucking accidents cause devastating injuries and deaths.

If you or a loved one has been injured in a commercial trucking accident, call the attorneys at 91原创视频amp; Aspromonte Associates. Our attorneys have significant experience litigating commercial trucking accidents. We are available to consult with you about your legal rights and options in the wake of a devastating trucking accident.

The Unique Challenges of Truck Accidents in NYC

The Impact of Weather, Road Conditions & Local Infrastructure on NYC Truck Accidents

Weather, road conditions, and local infrastructure all play a role in determining the frequency of commercial trucking accidents. Weather conditions such as high wind speeds can impact vehicle performance metrics such as stability. The Federal Highway Administration (鈥淔HA鈥�) collected statistics on the impact of weather events on the frequency of automotive collisions from 2007 to 2016. The FHA鈥檚 data showed that there are an average of 1,235,145 crashes every year, and approximately 21% of those crashes鈥攏early 259,000鈥攐ccur either in adverse weather such as rain, sleet, snow, fog, severe crosswinds, or blowing snow, sand, or debris, or on slick pavement.³ Despite their size and enormous power, commercial vehicles are not immune to these conditions.

Road conditions account for the vast majority of weather-related accidents. Seventy percent of these crashes occur on wet pavement. Surprisingly, winter conditions account for a much smaller percentage of weather-related crashes: only 18% of crashes occur during snow or sleet, 13% occur on icy pavement, and just 16% take place on snowy or slushy pavement.⁴

Surprising Statistics: Rural Trucking Accidents Are More Common Than Urban Collisions

Despite the risks seemingly posed by dense urban environments, fatal truck accident injuries are less common in NYC than in rural areas. Significantly larger proportions of trucking accidents involving commercial trucks, 18-wheelers, or big rigs occur on high-speed roads in rural areas. Twenty percent of people in the U.S. live in rural areas, yet in 2022 almost 54% of all fatal truck accidents occurred in rural areas, compared to the roughly 46% of fatal truck crashes that occurred in urban environments.⁵

These statistics are partly attributable to the fact that commercial vehicles tend to move at much higher speeds in rural areas than in urban areas for two reasons. First, commercial trucks, semi-trucks, 18-wheelers, and other big rigs operating in rural areas are more frequently driving on roads with higher speed limits. Second, the operators of these commercial vehicles are more likely to drive faster than the speed limits on the less congested roads typical of rural areas.

However, speed is not the only factor at play here. The roads in rural areas often present significantly different conditions than their urban counterparts. Rural roads are often much darker than urban ones, increasing the risk of a collision due to enhanced driver fatigue. The layout of the land also increases the risk of a trucking accident in rural areas. Urban roads are often designed in a predictable grid, but rural roads are often laid out in more complicated ways.

The Economic Cost of Truck Accidents

Commercial trucking is big business in America: American truckers carried 10.23 billion tons of freight and generated $732.3 billion in revenue in 2020.⁶ These trucks are responsible for carrying 72.5% of the nation鈥檚 cargo, and there are more of them on America鈥檚 highways than ever before. With that increase in trucks has come an increase in both the frequency of truck accidents and fatalities in those accidents.

Trucking accidents cause enormous economic losses. Quantifying the economic costs of trucking accidents is an uncomfortable endeavor, especially those in which a human being is injured or killed, but these costs are too large to ignore. Safe trucking policies, procedures, and practices are not just intended to keep people safe; they function to protect the American economy.

According to the Federal Motor Carrier Safety Administration (the 鈥淔MCSA鈥�), the average cost of a commercial truck accident in which one person is injured is $148,279. A fatal trucking accident is even more expensive: the FMCSA reports that the average total cost associated with a fatal trucking accident is $7.2 million.⁷ These numbers do not account for the legal liability faced by truck drivers and their employers in the aftermath.

Commercial trucking accidents impose both visible and invisible costs. The visible costs include the damage to the truck itself, damage to the truck鈥檚 cargo, injury costs from the accident, medical costs associated with the accident, administrative fees, increased insurance premiums for the trucking company, the cost of tow trucks, and the costs of storing the damaged vehicles.

However, the hidden costs associated with trucking accidents are often even more expensive. These costs include the salaries paid to employees involved in a truck accident, the trucking company鈥檚 loss of clients, the employee鈥檚 lost time at work due to the accident, the unavailability of the damaged trucking equipment, workers鈥� compensation premiums that must be paid, hiring replacement drivers, and paying any fees or fines owed to the government. The broader economic disruption caused by trucking accidents may be impossible to calculate.

The Scope of Truck Accidents in NYC

NYC Truck Accident Statistics by Borough

It is difficult to precisely measure the impact of dense urban environments on truck accidents, but the New York City Police Department (鈥淣YPD鈥�) keeps updated records of all motor vehicle collisions in New York City. As of June 2024, there were 599 motor vehicle collisions involving large commercial vehicles (defined as vehicles with 6 or more tires) in New York City and another 80 collisions involving smaller commercial vehicles (defined as vehicles with 4 tires).⁸

Brooklyn鈥攚hich had 219 collisions involving large commercial vehicles and another 37 collisions involving small commercial vehicles鈥攈ad the greatest number of these collisions. Staten Island had the fewest such collisions, with only 15 large commercial vehicle collisions and just 2 small commercial vehicle collisions. Queens, Manhattan, and the Bronx fall between these two poles, with 141, 132, and 92 large commercial vehicle collisions, respectively, and another 17, 12, and 12 small commercial vehicle collisions, respectively.⁹

New York is Among the Safest States in the Nation

As previously stated, there were 4,444 fatal accidents involving large trucks such as semi-trucks, big rigs, or eighteen-wheelers in 2020. In that year, there were 108 fatal trucking accidents in New York. That number is unacceptably high, but New York is one of the safest states when the number is put into its full context.¹⁰

Per capita, New York had the third fewest fatal trucking accidents of any state, with just 5.52 trucking fatalities per one million people in 2020. The five states with the highest number of fatal trucking accidents per capita鈥攕pecifically Nebraska, Mississippi, South Dakota, Alabama, and Wyoming鈥攈ad an average of 28.44 fatalities caused by trucking accidents per million people.¹¹

Unfortunately, these numbers have increased in New York. In 2022, there were 143 fatalities in large truck accidents in New York. These accounted for 2% of all trucking fatalities in the United States in 2022.¹²

Causes of Truck Accidents in NYC

In July 2007, the FMCSA released a study examining the reasons why accidents involving large trucks happen. That study, which selected a nationally representative sample, ultimately found a statistically significant link between ten associated factors and crashes of both ordinary automobiles and trucks. Those factors are:

1. Interruptions in the flow of traffic;
2. A driver鈥檚 lack of familiarity with a roadway;
3. Inadequate surveillance of the road;
4. Driving faster than is appropriate for a given set of conditions;
5. Drivers performing illegal maneuvers;
6. Inattentive driving;
7. Driver fatigue;
8. Drivers who are sick;
9. Drivers wrongly assuming what other drivers will do on the road; and
10. Driving while distracted by an object or another person in the vehicle.¹³

This study notes that these factors are not exhaustive. This is especially true in examining trucking accidents, as there was a statistically significant link between trucking accidents and issues with the truck鈥檚 brakes and tires, jackknifing, and cargo shift.¹⁴

Ultimately, the most common cause of trucking accidents is driver error. The term 鈥渄river error鈥� encompasses the following:

• Nonperformance: Nonperformance in this context means things like the driver falling asleep, being disabled by a medical issue such as a heart attack or seizure, or being physically impaired for some other reason.
• Recognition: A driver errs in recognition by being inattentive, getting distracted by something inside or outside of the truck, or failing to adequately observe the situation in front of them for some other reason.
• Decision: Driver errors also include the decisions that a driver consciously makes, such as the decision to drive too fast or follow other vehicles too closely.
• Performance: This component of driver error recognizes that the driver attempted to perform their duties but failed due to panicking, overcompensating, or exercising poor control over the vehicle.¹⁵

It makes sense that inadequate training of a commercial vehicle鈥檚 driver is a prominent cause of trucking accidents given that driver error is the most common cause of trucking accidents. Trucking companies must be proactive in ensuring their drivers are properly certified and able to handle the tasks at hand.

In the same vein, trucking companies need to perform proper substance abuse screening at the time they hire the trucker and continue these screenings throughout their employment. Substance abuse runs rampant in the trucking industry and is a major cause of commercial trucking collisions.

Equipment failure is another broad category that can cause a trucking accident. The Insurance Institute for Highway Safety鈥檚 Fatal Causation study found that 55% of truck accident injuries involved a truck with at least one mechanical failure, and 30% of trucks have at least one out-of-service equipment issue. Common equipment failures include:

• Faulty or poorly maintained brakes;
• Improperly inflated or worn tires;
• Defective or missing safety equipment such as underride rails;
• Improperly functioning or defective lights or turn signals;
• Generally poor vehicle maintenance;
• Unbalanced cargo;
• Transmission failure; and
• Defectively manufactured parts.¹⁶

Finally, it is the priorities of the trucking companies themselves that often cause trucking accidents. The sad truth is that companies often prioritize meeting client delivery deadlines above all else, leading to unrealistic schedules for their drivers, improper loading of the trucks, and driver fatigue. This, in turn, results in an increased likelihood of an accident. Tragically, many of the crashes caused by the poor practices implemented by the company in pursuit of client satisfaction could be prevented if only the company would prioritize the safety of its drivers and other motorists.¹⁷

Legal Implications of Truck Accidents in NYC

People who are injured in trucking accidents, and their families, may be entitled to compensation under the law if they can prove that the truck driver or the trucking company was negligent. Evidence of violations of federal or New York state regulations by the truck driver or company goes a long way toward proving the trucking company鈥檚 negligence. More specifically, a skilled NYC truck accident lawyer can use their knowledge of the Federal Motor Carrier Safety Regulations (the 鈥淔MCSRs鈥�) and New York state regulations to identify a legal obligation set forth by those regulations, determine if the defendant truck driver or trucking company met that obligation, and, if they did not, determine whether that failure was the cause of their client鈥檚 injury.¹⁸

Under the FMCSRs, trucking companies鈥攌nown as carriers鈥攁re required to establish financial responsibility for a minimum of $750,000 in either insurance policies, bonds, or self-insurance. This requirement that the trucking company maintain an insurance policy worth at least $750,000 serves two purposes. First, it ensures that parties who are injured in a trucking accident are able to seek compensation for those injuries from the company that caused them. Second, requiring the companies to obtain insurance is an indirect way of encouraging them to maintain safe practices and procedures through the insurance company鈥檚 monitoring of its insured. The idea is that insurance companies will charge higher premiums or refuse to issue a policy to companies engaged in unsafe practices, thereby incentivizing safe practices.¹⁹

Given the gravity of the harm that befalls truck accident plaintiffs, it should come as no surprise that there are numerous types of damages available to people injured in trucking accidents under New York law. New York recognizes that plaintiffs are entitled to damages to replace what they lost due to the truck accident injury. These will generally include expenses for medical bills and other financial issues necessitated by the injury. In rare cases, the plaintiff may receive punitive damages where the truck driver鈥檚 or trucking company鈥檚 actions were egregious.²⁰

Conclusion

As has been demonstrated, trucking accidents have many contributing factors, including road conditions, weather, driver errors, faulty equipment, and bad procedures on the part of the trucking companies. When disaster strikes, trucking accidents can cause millions of dollars in quantifiable economic damages. All too often, these trucking accidents permanently alter human lives for the worse or end them altogether. Effective trucking accident litigation is crucial in helping to prevent the social and physical harms caused by negligent trucking practices.

Call our attorneys at 91原创视频amp; Aspromonte Associates if you have been injured in a trucking accident. Our attorneys understand the difficulties you and your family are facing during this time and will walk with you every step of the way. We understand that, at the end of the day, your case is critical to getting your life and the lives of your family members back on track after suffering a horrific injury.

Whether you鈥檙e dealing with injuries from a car accident, construction accidents, or a wrongful death case, our attorneys are here to provide compassionate support.

1. Federal Motor Carrier Safety Administration, 鈥淟arge Truck and Bus Crash Facts,鈥� 2021.
2. National Highway Traffic Safety Administration, 鈥淔atality Analysis Reporting System,鈥� 2020.
3. Federal Highway Administration, 鈥淲eather Impacts on Safety,鈥� 2019.
4. Id.
5. National Highway Traffic Safety Administration, 鈥淔atality Analysis Reporting System,鈥� 2022.
6. American Trucking Associations, 鈥淭rucking Industry Revenues,鈥� 2020.
7. Federal Motor Carrier Safety Administration, 鈥淭he Economic Cost of Large Truck Crashes,鈥� 2021.
8. New York City Police Department, 鈥淭raffic Collision Statistics,鈥� 2024.
9. Id.
10. National Highway Traffic Safety Administration, 鈥淔atality Analysis Reporting System,鈥� 2020.
11. Id.
12. National Highway Traffic Safety Administration, 鈥淔atality Analysis Reporting System,鈥� 2022.
13. Federal Motor Carrier Safety Administration, 鈥淟arge Truck Crash Causation Study,鈥� 2007.
14. Id.
15. Id.
16. Insurance Institute for Highway Safety, 鈥淔atal Causation Study,鈥� 2021.
17. Id.
18. Federal Motor Carrier Safety Administration, 鈥淟arge Truck Crash Causation Study,鈥� 2007.
19. Federal Motor Carrier Safety Administration, 鈥淔inancial Responsibility Requirements,鈥� 2021.
20. New York State Department of Motor Vehicles, 鈥淐ompensation for Injuries,鈥� 2024.

The post Truck Accidents in New York: Statistics, Causes & Legal Options appeared first on New York Personal Injury Lawyers.

A聽four-year study by AAA聽identified more than 200,000 debris-involved crashes during that period. These accidents resulted in about 39,000 injuries and more than 500 traffic deaths. The number of debris-related collisions was up 40% compared with a similar study conducted in 2001.

Fault in Road Debris Accidents

It鈥檚 easy to think of a collision with road debris or an accident caused by a driver attempting to avoid debris as just a freak accident. 聽However, debris doesn鈥檛 simply appear on the Interstate.

In the same study referenced above, AAA reported that about 2/3 of debris-related crashes were caused by items that had fallen from a vehicle due to improper maintenance or unsecured loads. Without this negligence, the vast majority of accidents caused by debris on the road could be eliminated.

Operating an improperly-maintained vehicle on public roadways or聽failing to secure materials聽that could come loose and strike another vehicle or create obstacles in the roadway is negligent, and the drivers, employers, equipment owners, and others who are responsible can and should be responsible for damages caused by this carelessness.

For a free legal consultation, call聽(212) 732-2929

Liability in Commercial Trucking Cases

While debris occasionally comes from a pick-up truck carrying a young adult鈥檚 belongings to college or the rack on a local handyman鈥檚 van, the more likely source of obstacles in the roadway is a commercial vehicle transporting goods, components, construction materials, or other matter. As in any other commercial trucking accident case, identifying each responsible party and gathering evidence can be difficult and complicated.

When debris falls from a commercial transport vehicle, the driver may be responsible. But, there are many other people and entities who may be responsible for the accident, including:

• The person or company who loaded the truck, if it was not the driver
• The company that designed and/or manufactured the tools used to secure the load
• The company that designed and/or manufactured the truck
• Anyone in the supply chain for either of these materials, such as the dealership where the truck was purchased
• The driver鈥檚 employer or the company the driver contracts for
• The owner of the truck

Untangling who is responsible amidst complicated business relationships and intersecting state and federal laws can be daunting. Contacting a personal injury attorney who is experienced in handling commercial trucking cases can be the best first step. An experienced truck accident attorney will know how to investigate liability and construct evidence to support your claim.

Click to contact聽our personal injury lawyers today

Talk to an Experienced Truck Accident Lawyer as Soon as Possible

Timing counts in a New York personal injury case. However, the statute of limitations is not your only concern. In cases involving commercial equipment, everyday use and maintenance can obscure or destroy evidence.聽

But the sooner you connect with a knowledgeable聽New York truck accident attorney, the easier it is to build a strong case. You can get started right now by filling out the contact form on this page or calling聽(212) 732-2929.

Our attorneys have helped clients recover from car accidents, construction accidents, life-changing injuries, wrongful death, and many other types of personal injury cases.

Call or text聽(212) 732-2929聽or complete a聽Free Case Evaluation form

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It made local and national news this week when the Walmart driver who caused comedian Tracy Morgan鈥檚聽traumatic brain injury (TBI)聽entered into a plea deal in a New Jersey criminal court. Comedian James McNair was also killed in that accident, and other passengers in the car Morgan was riding in were injured.

The truck driver, Kevin Roper, will see no jail time if he successfully completes a pre-trial intervention program. Just a few days before that hearing, though, another legal issue related to the tractor-trailer crash played out much more quietly.

Less than a year after the fatal truck accident, Walmart settled claims with Morgan, each of the others injured in the crash, and the family of James McNair. 聽Although the exact terms of the various settlements were not revealed, the total is estimated to be in the range of $100 million.

Roper came in just under the 14-hour federal limitation on shift length (the accident occurred 13 hours and 27 minutes into his shift).聽 However, the driver was alleged not to have slept for 28 hours, and the NTSB report indicated that the truck had been traveling at 65 mph in a 45-mph zone when it rear-ended Morgan鈥檚 vehicle, causing the limo van to strike another vehicle and roll.

Walmart v. Its Own Motor Vehicle Insurance Companies

Liability was clear, but when the retail giant sought reimbursement from its insurers, the company was in for a surprise. Insurance companies argued that Walmart had paid too much to settle the claims, Morgan鈥檚 in particular, in order to avoid adverse publicity. While insurers did eventually offer significant reimbursement, it took until just last week, a year and a half after the settlement.

For a free legal consultation, call聽(212) 732-2929

Negotiating聽Truck Accident Claims

Although in this case, it was the insured and not the personal injury victim that had to engage in a legal battle to get the insurance company to fulfill its obligations, it is representative of the insurance company’s mindset. They are, after all, in business to make money. The more and larger claims an insurance company pays out, the less profitable its business is. That often leads insurers to dig in their heels, or even to resort to dishonest tactics.

A company like Walmart, with good lawyers on its side, is well-equipped to fight those tactics. The average person who has been injured in a motor vehicle accident is not. Insurers know that their best opportunity to rush an injured person into a quick lowball settlement or to lead the victim to say things that may hurt his or her case is immediately after the accident. In those early days, an insurance company representative knows that:

• The injured party is feeling vulnerable and frightened and may be worried about how to keep the bills paid during recovery
• A person who has suffered a serious injury may still be disoriented or may be under the influence of medications
• A friendly voice promising to help is generally well received by someone who is sick, confused, frightened, or otherwise feeling unequal to the task in front of him

Don鈥檛 be fooled. The insurance company representative鈥檚 job is not to help you. It is to save the company money.

When you retain a聽truck accident lawyer in New York, the attorney鈥檚 job is to put the law to work for you. They must protect your interests and negotiate for compensation that allows you to get back on your feet.聽

Instead of attempting to claim your settlement on your own, let our law firm help. Contact us at聽(212) 732-2929聽for a free consultation or fill out the contact form on the right-hand side of this page now.

We provide dedicated representation for victims of personal injury cases, from car and construction accidents to serious injuries, wrongful death, and beyond.

Call or text聽(212) 732-2929聽or complete a聽Free Case Evaluation form

The post Insurance Companies Create Obstacles in Tracy Morgan鈥檚 Truck Accident Case (and Yours) appeared first on New York Personal Injury Lawyers.

The big rigs, long hours, and endless highways that have inspired countless trucker ballads can also make for an incredibly lethal combination for other drivers on the roadway. Keep in mind, a fully-loaded commercial truck often weighs more than聽25 times as much聽as an average passenger vehicle. Thus, sheer laws of physics dictate that in a collision between a passenger automobile and a large commercial truck, the truck will almost always come out the winner 鈥� resulting in serious injuries or even death to occupants of the passenger vehicle.

If you鈥檝e been injured in a motor vehicle collision with a truck, you may be able to recover compensation for your injuries. Be aware that in a truck accident lawsuit, as in any motor vehicle collision, New York no-fault insurance laws will apply. Under New York鈥檚 no-fault insurance statute, regardless of liability, an injured party is entitled to recover up to $50,000 for medical expenses related to the accident, lost wages for up to three years, and other related costs.

Of course, a collision with a big rig could leave you with even bigger injuries 鈥� and medical expenses well in excess of $50,000. What then?

For a free legal consultation, call聽(212) 540-2987

Fortunately, in case of 鈥渟erious injury,鈥� New York law allows for recovery beyond the $50,000 no-fault cap. For purpose of the New York no-fault statute, 鈥渟erious injuries鈥� include (among other things) death, dismemberment, significant disfigurement, loss of a fetus, and permanent loss of a bodily organ.

If you鈥檝e sustained a serious injury in a truck accident as a result of someone鈥檚 negligence, you鈥檒l need to determine who may be legally liable for your injuries. The most immediately-apparent responsible party is, of course, the truck driver himself (or herself). Maybe the driver was overly tired, driving aggressively, or driving too fast for conditions. Maybe he or she failed to secure the cargo on the truck bed, or neglected to inspect it at appropriate intervals throughout the journey. Or perhaps the the driver was driving distractedly, daydreaming, texting, reaching for something, or juggling food and beverage items. Any such negligent behavior by a truck driver can form the basis for your recovery.

Click to contact聽our personal injury lawyers today

In addition to the individual truck driver, however, there may be other parties who also bear legal liability for your injuries, who aren鈥檛 as readily identifiable. A New York attorney experienced in truck accident cases can help you determine any other parties that may be held accountable for your injuries. For instance, if a truck accident was the result of a defect in the truck engine or truck bed, the truck manufacturer may be liable for some or all of your damages.

Complete a聽Free Case Evaluation form聽now

Another potential defendant may be the trucking company. Trucking employers are required to follow federal trucking regulations, which aim to reduce the number of accidents involving commercial vehicles. These regulations include restrictions on trucking employees鈥� scheduled hours, the performance of employee background checks, and proper loading and maintenance of vehicles. A trucking company that fails to comply with these regulations may be liable for resulting injuries.

In short, just as an eighteen-wheel tractor-trailer dwarfs a standard passenger vehicle in terms of sheer physical immensity, the complexity of issues arising in a truck accident lawsuit can dwarf those arising in an 鈥渙rdinary鈥� motor vehicle collision. Moreover, trucking companies typically have on hand a whole team of attorneys and investigators, whose primary function is to reduce the total amount of accident damages paid by the company.

If you鈥檝e been seriously injured in an accident with a semi, a 鈥渟emi-recovery鈥� won鈥檛 suffice. For all of these reasons, it鈥檚 crucial not to delay in consulting with an experienced聽truck accident attorney聽to advocate on your behalf 鈥� and tip the David-versus-Goliath scales in your favor.

Featured Image credit: macdeedle /聽Pixabay

We provide dedicated representation for victims of personal injury cases, from car and construction accidents to serious injuries, wrongful death, and beyond.

Call or text聽(212) 540-2987聽or complete a聽Free Case Evaluation form

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