18-Wheeler Accidents in New York: What You Need to Know After a Truck Crash
Every year, thousands of 18-wheeler accidents occur on New York’s highways and city streets. If you or a loved one has been seriously injured in a trucking accident in New York, you need an attorney who understands federal trucking regulations, New York’s unique traffic patterns, and how to hold negligent trucking companies accountable.
At Attorney911, we’ve been fighting for truck accident victims across New York for over 25 years. Our managing partner, Ralph Manginello, has federal court experience and has secured multi-million dollar verdicts and settlements for families devastated by 18-wheeler crashes. We know New York’s trucking corridors—from the busy I-95 corridor through the city to the I-87 Thruway upstate—and we know how to win cases here.
Why New York Truck Accidents Are Different
New York presents unique challenges for trucking operations and accident cases:
Dense Urban Traffic: New York City has some of the most congested roads in the country. Trucks must navigate narrow streets, heavy pedestrian traffic, and constant construction zones. The city’s strict truck regulations and designated truck routes create additional complexity.
Port Traffic: The Port of New York and New Jersey is the largest on the East Coast, handling massive container volumes. This creates heavy truck traffic on routes like I-278 (Brooklyn-Queens Expressway), I-78, and the New Jersey Turnpike, increasing accident risks.
Weather Conditions: New York experiences everything from heavy snow and ice in winter to summer thunderstorms and coastal flooding. These conditions create hazardous driving environments for large trucks.
Bridge and Tunnel Restrictions: Many of New York’s bridges and tunnels have height, weight, and hazmat restrictions that affect truck routing and create congestion at key chokepoints like the George Washington Bridge and Lincoln Tunnel.
Upstate Industrial Corridors: Upstate New York has significant truck traffic serving industries in Buffalo, Rochester, Syracuse, and Albany. The I-90 Thruway and I-81 corridor handle heavy freight traffic year-round.
Strict Local Regulations: New York City has some of the strictest truck regulations in the country, including:
- Truck route restrictions
- Parking limitations
- Noise ordinances
- Emission standards
- Delivery time windows
These factors combine to create a complex environment where trucking accidents can happen in many different ways.
Common Types of 18-Wheeler Accidents in New York
Jackknife Accidents: These occur when the trailer swings out perpendicular to the cab, often blocking multiple lanes. On New York’s congested highways, jackknifes can cause massive multi-vehicle pileups. Common causes include sudden braking on wet or icy roads, empty trailers (which are more prone to swinging), and improper braking techniques.
Underride Collisions: Among the most deadly truck accidents, underride collisions happen when a smaller vehicle slides underneath the trailer. New York’s strict regulations require rear underride guards, but many trucks still lack side underride protection. These accidents often result in decapitation or catastrophic head injuries.
Rollover Accidents: With New York’s many bridges, tunnels, and highway ramps, rollover accidents are a significant risk. Top-heavy loads, speeding on curves, and improperly secured cargo can all cause rollovers. The Verrazzano-Narrows Bridge and various highway interchanges are particularly dangerous areas.
Rear-End Collisions: Trucks require much longer stopping distances than passenger vehicles—up to 525 feet at highway speeds. When truck drivers follow too closely, are distracted, or have brake failures, they can’t stop in time. These accidents are particularly common on congested New York highways like I-95 and the Long Island Expressway.
Wide Turn Accidents (“Squeeze Play”): In New York City’s tight streets, trucks must swing wide to make right turns. This creates dangerous gaps that other vehicles, cyclists, or pedestrians may enter. The truck then completes its turn, crushing whatever is in that gap. These accidents are especially common in areas like Midtown Manhattan and downtown Brooklyn.
Blind Spot Accidents (“No-Zone”): Trucks have massive blind spots on all four sides. The right-side blind spot is particularly large and dangerous. In New York’s dense traffic, vehicles can easily disappear into these blind spots during lane changes or turns.
Tire Blowouts: New York’s pothole-ridden roads and extreme temperature variations put extra stress on truck tires. Blowouts can cause the driver to lose control, and tire debris can strike following vehicles. The combination of heavy truck traffic and poor road conditions makes tire blowouts a significant hazard.
Brake Failures: New York’s many bridges and hilly areas put extra strain on truck braking systems. Poor maintenance, overheated brakes on long descents, and manufacturing defects can all lead to brake failures. The steep grades on some of the city’s bridges and in upstate areas create particular risks.
Cargo Spills: Improperly secured cargo can shift during transit or fall from trucks, creating hazards for other vehicles. In New York, cargo spills often involve construction materials, retail merchandise from distribution centers, or hazardous materials from the ports.
Head-On Collisions: These catastrophic accidents often occur when trucks cross into oncoming traffic. Causes include driver fatigue, distraction, impairment, or medical emergencies. On New York’s parkways and some state highways, head-on collisions are a particular risk.
Who Is Liable in a New York Truck Accident?
Multiple parties can be held responsible when an 18-wheeler causes a crash in New York:
The Truck Driver: Drivers can be liable for speeding, distracted driving, fatigue, impairment, or other negligent conduct. In New York, we see many cases involving:
- Drivers violating the city’s strict truck route regulations
- Distracted driving on congested streets
- Fatigue from long hauls into the city
- Improper training on urban driving techniques
The Trucking Company/Motor Carrier: Trucking companies are often the most important defendants because they have the deepest pockets. They can be liable for:
- Vicarious liability: When the driver was acting within the scope of employment
- Negligent hiring: Failing to properly vet drivers
- Negligent training: Inadequate safety training
- Negligent supervision: Failing to monitor driver performance
- Negligent maintenance: Poor vehicle upkeep
- Negligent scheduling: Pressuring drivers to violate hours-of-service regulations
In New York, we often see trucking companies based in other states but operating in New York. Our federal court experience allows us to pursue these out-of-state defendants effectively.
The Cargo Owner/Shipper: The company that owns the cargo and arranged for its shipment may be liable for:
- Providing improper loading instructions
- Failing to disclose hazardous cargo
- Requiring overweight loads
- Pressuring carriers to expedite shipments
With New York’s massive port operations and distribution hubs, cargo liability is a significant issue in many cases.
The Cargo Loading Company: Third-party loading companies that physically load cargo may be liable for:
- Improper cargo securement
- Unbalanced load distribution
- Exceeding weight limits
- Failing to use proper blocking and bracing
Truck and Trailer Manufacturers: Manufacturers may be liable for defects in:
- Brake systems
- Stability control systems
- Underride guards
- Tires
- Steering components
- Lighting systems
Parts Manufacturers: Companies that manufacture specific parts (brakes, tires, etc.) may be liable for:
- Defective brake components
- Defective tires
- Defective lighting systems
- Defective coupling devices
Maintenance Companies: Third-party maintenance providers may be liable for:
- Negligent repairs
- Failure to identify safety issues
- Improper brake adjustments
- Using substandard or wrong parts
Freight Brokers: Brokers who arrange transportation may be liable for:
- Negligent selection of unsafe carriers
- Failure to verify carrier insurance
- Failure to check carrier safety records
Truck Owners (if different from carrier): In owner-operator arrangements, the truck owner may have separate liability for:
- Negligent entrustment
- Failure to maintain owned equipment
- Knowledge of driver’s unfitness
Government Entities: In limited circumstances, government entities may be liable for:
- Dangerous road design
- Failure to maintain roads
- Inadequate signage
- Improper work zone setup
New York’s sovereign immunity laws create special challenges for suing government entities, but we have experience navigating these complex cases.
FMCSA Regulations: The Key to Proving Negligence
The Federal Motor Carrier Safety Administration (FMCSA) regulates every aspect of commercial trucking. These regulations provide the legal framework for proving negligence in New York truck accident cases.
Hours of Service Violations (49 CFR Part 395):
These are among the most common violations we find in New York trucking cases. The regulations limit how long drivers can operate:
- 11-Hour Driving Limit: Maximum 11 hours driving after 10 consecutive hours off duty
- 14-Hour On-Duty Window: Cannot drive beyond 14th consecutive hour after coming on duty
- 30-Minute Break: Required after 8 cumulative hours of driving
- 60/70-Hour Limit: 60 hours in 7 days or 70 hours in 8 days
- 34-Hour Restart: Can restart weekly clock with 34 consecutive hours off duty
Fatigued driving causes approximately 31% of fatal truck crashes. In New York, we often see violations when drivers push to meet tight delivery deadlines or when companies pressure drivers to exceed legal limits.
Driver Qualification Standards (49 CFR Part 391):
Trucking companies must maintain a Driver Qualification (DQ) File for every driver containing:
- Employment application
- Motor vehicle record
- Road test certificate
- Medical examiner’s certificate
- Annual driving record review
- Previous employer inquiries
- Drug and alcohol test records
Missing or incomplete files prove negligent hiring. In New York, we’ve seen cases where companies failed to check drivers’ records in other states or ignored past violations.
Vehicle Safety Standards (49 CFR Part 393):
These regulations cover equipment and cargo securement:
- Cargo Securement: Must withstand 0.8g deceleration forward, 0.5g acceleration rearward, and 0.5g lateral forces
- Brake Systems: All wheels must have properly functioning brakes
- Lighting: Required headlamps, tail lamps, turn signals, and reflectors
- Tires: Minimum tread depth (4/32″ on steer tires, 2/32″ on others)
Violations of these standards often lead to accidents. In New York, we frequently see issues with:
- Improperly secured construction materials
- Worn brake components
- Defective lighting systems
- Bald or improperly matched tires
Inspection and Maintenance (49 CFR Part 396):
- Pre-Trip Inspections: Drivers must inspect vehicles before every trip
- Post-Trip Reports: Drivers must report defects after each day’s driving
- Annual Inspections: Comprehensive inspection required annually
- Maintenance Records: Must be retained for 1 year
Poor maintenance causes many New York truck accidents. We’ve seen cases where companies deferred critical repairs to save money or ignored known defects.
The 48-Hour Evidence Preservation Protocol
In New York trucking accident cases, evidence disappears fast. Trucking companies have rapid-response teams that begin protecting their interests within hours of an accident. If you don’t act quickly, critical evidence will be lost forever.
CRITICAL TIMELINES:
| Evidence Type | Destruction Risk |
|---|---|
| ECM/Black Box Data | Overwrites in 30 days or with new driving events |
| ELD Data | May be retained only 6 months |
| Dashcam Footage | Often deleted within 7-14 days |
| Surveillance Video | Business cameras typically overwrite in 7-30 days |
| Witness Memory | Fades significantly within weeks |
| Physical Evidence | Vehicle may be repaired, sold, or scrapped |
OUR IMMEDIATE ACTIONS:
-
Send Spoliation Letters: We send formal legal notices within 24-48 hours demanding preservation of all evidence. This puts the trucking company on legal notice that destroying evidence will have serious consequences.
-
Preserve Electronic Data:
- ECM/Black Box data showing speed, braking, and throttle position
- ELD records proving hours of service compliance
- GPS and telematics data showing location and speed history
- Dashcam and forward-facing camera footage
- Dispatch communications and electronic logs
-
Secure Physical Evidence:
- The truck and trailer themselves
- Failed components (brakes, tires, etc.)
- Cargo and securement devices
- Tire remnants if a blowout occurred
-
Document the Scene:
- Photograph all vehicle damage
- Document road conditions, skid marks, and debris
- Obtain police reports and 911 call recordings
- Interview witnesses while memories are fresh
-
Obtain Records:
- Driver Qualification File
- Maintenance and inspection records
- Drug and alcohol test results
- Dispatch logs and trip records
- Cargo documentation
WHY THIS MATTERS:
Once we notify the trucking company of potential litigation, they have a legal duty to preserve all evidence. Destroying evidence after receiving our letter can result in:
- Adverse inference instructions (jury told to assume destroyed evidence was unfavorable)
- Sanctions and monetary penalties
- Default judgment in extreme cases
- Punitive damages for intentional destruction
Catastrophic Injuries from New York Truck Accidents
The physics of 18-wheeler accidents make catastrophic injuries the norm in New York truck crashes:
Size and Weight Disparity:
- Fully loaded 18-wheeler: Up to 80,000 lbs
- Average passenger car: 3,500-4,000 lbs
- The truck is 20-25 TIMES heavier than your car
Impact Force:
- An 80,000 lb truck at 65 mph carries approximately 80 times the kinetic energy of a car
- This energy transfers to the smaller vehicle in a crash
Stopping Distance:
- 18-wheeler at 65 mph needs ~525 feet to stop (nearly 2 football fields)
- Car at 65 mph needs ~300 feet to stop
- This 40% longer stopping distance means trucks cannot avoid obstacles as quickly
Common Catastrophic Injuries in New York Truck Accidents:
Traumatic Brain Injury (TBI): The extreme forces in truck crashes often cause the brain to impact the inside of the skull. Symptoms range from mild concussions to permanent cognitive impairment. In New York, we see many TBI cases from underride collisions and rollovers.
Spinal Cord Injury: Damage to the spinal cord can result in paralysis. New York has excellent rehabilitation facilities like the Rusk Institute at NYU Langone and the Burke Rehabilitation Hospital, but the lifetime costs of spinal cord injuries are enormous.
Amputation: Crushing forces or entrapment can require surgical amputation. Prosthetics and rehabilitation are expensive, and many amputees cannot return to their previous occupations.
Severe Burns: Fuel tank ruptures, hazmat spills, and electrical fires cause devastating burns. New York has specialized burn centers at NewYork-Presbyterian/Weill Cornell and the William Randolph Hearst Burn Center.
Internal Organ Damage: The force of a truck collision can cause liver lacerations, spleen ruptures, kidney damage, and internal bleeding. These injuries often require emergency surgery.
Wrongful Death: Tragically, many New York truck accidents result in fatalities. Wrongful death claims allow surviving family members to recover compensation for lost income, loss of companionship, and other damages.
New York’s Comparative Negligence System
New York follows a “pure comparative negligence” system. This means:
- You can recover compensation even if you were partially at fault
- Your recovery is reduced by your percentage of fault
- If you were 20% at fault, you recover 80% of your damages
- Even if you were 99% at fault, you can still recover 1% of your damages
This is more favorable than many other states. For example:
- Neighboring New Jersey uses a 51% bar rule (you recover nothing if 51% or more at fault)
- Pennsylvania uses a 51% bar rule
- Connecticut uses a 51% bar rule
New York’s system allows for recovery even in cases where the victim shares significant fault.
New York’s Statute of Limitations
The statute of limitations for personal injury cases in New York is generally 3 years from the date of the accident. For wrongful death cases, it’s 2 years from the date of death.
However, you should never wait. Evidence disappears quickly in trucking cases. The sooner you contact us, the stronger your case will be.
Special Considerations for New York Cases:
- Claims against government entities have shorter notice periods (typically 90 days)
- Cases involving minors may have extended deadlines
- Medical malpractice cases have different deadlines
- Breach of contract cases have a 6-year statute
Damages Available in New York Truck Accident Cases
New York allows recovery for both economic and non-economic damages:
Economic Damages:
- Medical expenses (past, present, and future)
- Lost wages and benefits
- Lost earning capacity
- Property damage
- Out-of-pocket expenses
- Life care costs for catastrophic injuries
Non-Economic Damages:
- Pain and suffering
- Mental anguish
- Loss of enjoyment of life
- Disfigurement
- Loss of consortium (for spouses)
Punitive Damages: New York does not cap punitive damages. They may be available when the trucking company acted with gross negligence, willful misconduct, or conscious indifference to safety.
Wrongful Death Damages:
- Lost future income and benefits
- Loss of consortium (companionship, care, guidance)
- Mental anguish and emotional suffering
- Funeral and burial expenses
- Medical expenses prior to death
- Pain and suffering experienced by the decedent before death
New York’s No-Fault Insurance System
New York is a no-fault insurance state, which means:
- Your own insurance pays for your medical expenses and lost wages up to $50,000, regardless of who was at fault
- You can only sue the at-fault party if you meet the “serious injury” threshold
- The serious injury threshold includes:
- Significant disfigurement
- Fracture
- Permanent loss of use of a body organ, member, function, or system
- Permanent consequential limitation of use of a body organ or member
- Significant limitation of use of a body function or system
- Medically determined injury or impairment of a non-permanent nature that prevents you from performing substantially all of the material acts which constitute your usual and customary daily activities for not less than 90 days during the 180 days immediately following the accident
However, trucking accident cases often exceed these thresholds due to the severity of injuries involved.
Why Choose Attorney911 for Your New York Truck Accident Case?
1. 25+ Years of Experience: Ralph Manginello has been fighting for injury victims since 1998. He has federal court experience and has secured multi-million dollar verdicts and settlements.
2. Insider Knowledge: Our team includes Lupe Peña, a former insurance defense attorney who knows exactly how trucking companies and their insurers operate. He spent years on the other side, learning their tactics for minimizing claims. Now he uses that knowledge to fight for you.
3. Federal Court Capability: Many trucking cases involve interstate commerce and can be filed in federal court. Ralph Manginello is admitted to the U.S. District Court, Southern District of Texas, giving us the ability to handle complex federal cases.
4. Multi-Million Dollar Results: We have recovered millions for trucking accident victims, including:
- $5+ Million – Logging Brain Injury Settlement
- $3.8+ Million – Car Accident Amputation Settlement
- $2.5+ Million – Truck Crash Recovery
- Millions recovered for families in trucking-related wrongful death cases
5. Local Knowledge: We understand New York’s trucking corridors, from the busy I-95 corridor through the city to the I-87 Thruway upstate. We know the local courts, judges, and accident patterns.
6. Aggressive Evidence Preservation: We send spoliation letters within hours to preserve critical evidence like black box data and ELD records before they’re destroyed.
7. Bilingual Services: Lupe Peña is fluent in Spanish, and we have bilingual staff to serve New York’s diverse population. Hablamos Español.
8. Contingency Fee Representation: You pay nothing unless we win your case. We advance all costs of investigation and litigation.
9. Comprehensive Approach: We investigate every possible defendant—driver, trucking company, cargo owner, maintenance company, manufacturer, broker, and others—to maximize your recovery.
10. Client Testimonials: Our clients consistently praise our communication, results, and compassion:
“They treated me like FAMILY, not just another case number.”
— Chad Harris, Attorney911 Client
“They fought for me to get every dime I deserved.”
— Glenda Walker, Attorney911 Client
“You are NOT just some client… You are FAMILY to them.”
— Chad Harris, Attorney911 Client
“They solved in a couple of months what others did nothing about in two years.”
— Angel Walle, Attorney911 Client
What to Do After a Truck Accident in New York
If you’ve been involved in a trucking accident in New York, take these steps:
1. Seek Medical Attention Immediately: Even if you feel okay, get checked out. Many injuries don’t show symptoms right away. New York has excellent trauma centers like:
- NewYork-Presbyterian Hospital
- NYU Langone Health
- Mount Sinai Hospital
- Bellevue Hospital Center
- Northwell Health System hospitals
2. Call the Police: Always report the accident. In New York City, call 911. For non-emergency situations, you can call 311. Get a copy of the police report—it’s crucial evidence.
3. Document the Scene: If you’re able to, take photos and videos of:
- All vehicle damage (inside and out)
- The accident scene from multiple angles
- Road conditions, skid marks, debris
- Traffic signals and signs
- Your injuries
- The truck’s license plate, DOT number, and company name
- Any visible cargo or securement issues
4. Collect Information:
- Truck driver’s name, CDL number, and contact information
- Trucking company name and contact information
- Insurance information for all parties
- Witness names and contact information
5. Do NOT Give Statements: Do not give recorded statements to any insurance company without consulting an attorney first. Insurance adjusters are trained to minimize your claim.
6. Contact an Attorney Immediately: Call Attorney911 at 1-888-ATTY-911. The sooner we get involved, the better we can protect your rights and preserve evidence.
Common Questions About New York Truck Accidents
Q: What should I do immediately after an 18-wheeler accident in New York?
A: If you’ve been in a trucking accident in New York, take these steps immediately if you’re able:
- Call 911 and report the accident
- Seek medical attention, even if injuries seem minor
- Document the scene with photos and video if possible
- Get the trucking company name, DOT number, and driver information
- Collect witness contact information
- Do NOT give recorded statements to any insurance company
- Call an 18-wheeler accident attorney immediately
Q: Should I go to the hospital after a truck accident even if I feel okay?
A: YES. Adrenaline masks pain after traumatic accidents. Internal injuries, TBI, and spinal injuries may not show symptoms for hours or days. New York hospitals can identify injuries that will become critical evidence in your case. Delaying treatment also gives insurance companies ammunition to deny your claim.
Q: What information should I collect at the truck accident scene in New York?
A: Document everything possible:
- Truck and trailer license plates
- DOT number (on truck door)
- Trucking company name and logo
- Driver’s name, CDL number, and contact info
- Photos of all vehicle damage
- Photos of the accident scene, road conditions, skid marks
- Photos of your injuries
- Witness names and phone numbers
- Responding officer’s name and badge number
- Weather and road conditions
Q: Should I talk to the trucking company’s insurance adjuster?
A: NO. Do not give any recorded statements. Insurance adjusters work for the trucking company, not you. Anything you say will be used to minimize your claim. Our firm includes a former insurance defense attorney who knows exactly how these adjusters are trained to protect the trucking company’s interests.
Q: How quickly should I contact an 18-wheeler accident attorney in New York?
A: IMMEDIATELY – within 24-48 hours if possible. Critical evidence in trucking cases (black box data, ELD records, dashcam footage) can be destroyed or overwritten quickly. We send spoliation letters within hours of being retained to preserve this evidence before it’s lost forever.
Q: Who can I sue after an 18-wheeler accident in New York?
A: Multiple parties may be liable in trucking accidents:
- The truck driver
- The trucking company/motor carrier
- The cargo owner or shipper
- The company that loaded the cargo
- Truck or parts manufacturers
- Maintenance companies
- Freight brokers
- The truck owner (if different from carrier)
- Government entities (for road defects)
We investigate every possible defendant to maximize your recovery.
Q: Is the trucking company responsible even if the driver caused the accident?
A: Usually YES. Under the doctrine of respondeat superior, employers are liable for employees’ negligent acts within the scope of employment. Additionally, trucking companies can be directly liable for:
- Negligent hiring (hiring unqualified drivers)
- Negligent training (inadequate safety training)
- Negligent supervision (failing to monitor driver behavior)
- Negligent maintenance (poor vehicle upkeep)
Q: What if the truck driver says the accident was my fault?
A: New York uses a pure comparative negligence system. Even if you were partially at fault, you may still recover compensation. Our job is to investigate thoroughly, gather evidence (especially ECM and ELD data), and prove what really happened. Drivers often lie to protect their jobs—the data tells the true story.
Q: What is a Driver Qualification File and why does it matter?
A: FMCSA requires trucking companies to maintain a file for every driver containing:
- Employment application
- Driving record check
- Previous employer verification
- Medical certification
- Drug test results
- Training documentation
Missing or incomplete files prove negligent hiring. We subpoena these records in every trucking case.
Q: How do hours of service regulations relate to my New York truck accident case?
A: FMCSA regulations limit how long truck drivers can operate:
- Maximum 11 hours driving after 10 hours off
- Cannot drive beyond 14th consecutive hour on duty
- 30-minute break required after 8 hours driving
- 60/70 hour weekly limits
Fatigued driving causes approximately 31% of fatal truck crashes. Hours of service violations are among the most common violations we find in New York trucking cases.
Q: What is a truck’s “black box” and how does it help my case?
A: Commercial trucks have Electronic Control Modules (ECM) and Event Data Recorders (EDR) that record operational data similar to an airplane’s black box. This data can show:
- Speed before and during the crash
- Brake application timing
- Engine RPM and throttle position
- Whether cruise control was engaged
- GPS location
This objective data often contradicts what drivers claim happened.
Q: What is an ELD and why is it important?
A: Electronic Logging Devices (ELDs) are federally mandated devices that record driver hours of service. ELD data proves whether the driver violated federal rest requirements and was driving while fatigued. Hours of service violations are among the most common causes of trucking accidents.
Q: How long does the trucking company keep black box and ELD data?
A: ECM data can be overwritten within 30 days or with new driving events. FMCSA only requires 6 months retention for ELD data. This is why we send spoliation letters immediately—once we notify them of litigation, they must preserve everything.
Q: What records should my attorney get from the trucking company?
A: We pursue:
- ECM/Black box data
- ELD records
- Driver Qualification File
- Maintenance records
- Inspection reports
- Dispatch logs
- Drug and alcohol test results
- Training records
- Cell phone records
- Insurance policies
- The physical truck and trailer
Q: Can the trucking company destroy evidence?
A: Once they’re on notice of potential litigation, destroying evidence is spoliation—a serious legal violation. Courts can:
- Instruct juries to assume destroyed evidence was unfavorable
- Impose monetary sanctions
- Enter default judgment in extreme cases
- Award punitive damages
Q: What are the most common FMCSA violations in New York truck accidents?
A: The top violations we find:
- Hours of service violations (driving too long)
- False log entries (lying about driving time)
- Brake system deficiencies
- Cargo securement failures
- Drug and alcohol violations
- Unqualified drivers (no valid CDL or medical certificate)
- Failure to inspect vehicles
Q: How much insurance do trucking companies carry?
A: Federal law requires minimum liability coverage:
- $750,000 for non-hazardous freight
- $1,000,000 for oil, large equipment
- $5,000,000 for hazardous materials
Many carriers carry $1-5 million or more. This higher coverage means catastrophic injuries can actually be compensated, unlike typical car accidents where insurance may be limited to $30,000-$100,000.
Q: What if multiple insurance policies apply to my New York truck accident?
A: Trucking cases often involve multiple policies:
- Motor carrier’s liability policy
- Trailer interchange coverage
- Cargo insurance
- Owner-operator’s policy
- Excess/umbrella coverage
We identify all available coverage to maximize your recovery.
Q: Will the trucking company’s insurance try to settle quickly?
A: Often yes—and that’s a red flag. Quick settlement offers are designed to pay you far less than your case is worth before you understand the full extent of your injuries. Never accept any settlement without consulting an experienced trucking accident attorney first.
Q: What injuries are common in 18-wheeler accidents in New York?
A: Due to the massive size and weight disparity, trucking accidents often cause catastrophic injuries:
- Traumatic brain injury (TBI)
- Spinal cord injuries and paralysis
- Amputations
- Severe burns
- Internal organ damage
- Multiple fractures
- Wrongful death
Q: How much are 18-wheeler accident cases worth in New York?
A: Case values depend on many factors:
- Severity of injuries
- Medical expenses (past and future)
- Lost income and earning capacity
- Pain and suffering
- Degree of defendant’s negligence
- Insurance coverage available
Trucking companies carry higher insurance ($750,000 minimum, often $1-5 million), allowing for larger recoveries than typical car accidents. We’ve seen verdicts ranging from hundreds of thousands to hundreds of millions.
Q: What if my loved one was killed in a trucking accident in New York?
A: New York allows wrongful death claims by surviving family members. You may recover:
- Lost future income
- Loss of companionship and guidance
- Mental anguish
- Funeral expenses
- Punitive damages if gross negligence
Time limits apply—contact us immediately to protect your rights.
Q: How long do I have to file an 18-wheeler accident lawsuit in New York?
A: The statute of limitations in New York is generally 3 years for personal injury cases and 2 years for wrongful death cases. However, you should never wait. Evidence disappears quickly in trucking cases. The sooner you contact us, the stronger your case will be.
Q: How long do trucking accident cases take to resolve in New York?
A: Timelines vary:
- Simple cases with clear liability: 6-12 months
- Complex cases with multiple parties: 1-3 years
- Cases that go to trial: 2-4 years
We work to resolve cases as quickly as possible while maximizing your recovery.
Q: Will my trucking accident case go to trial?
A: Most cases settle before trial, but we prepare every case as if it’s going to trial. Insurance companies know which lawyers are willing to go to court—and they offer better settlements to clients with trial-ready attorneys. We have the resources and experience to take your case all the way if necessary.
Q: Do I need to pay anything upfront to hire your firm?
A: NO. We work on contingency—you pay nothing unless we win your case. We advance all costs of investigation and litigation. You never receive a bill from us. When we win, our fee comes from the recovery, not your pocket.
Q: What if the trucking company goes bankrupt?
A: We investigate all available insurance policies and assets. Even if a company goes bankrupt, their insurance coverage may still be available to compensate you. We also pursue other potentially liable parties to ensure you can recover.
Q: What if I was partially at fault for the accident?
A: New York’s pure comparative negligence system allows you to recover even if you were partially at fault. Your recovery will be reduced by your percentage of fault. For example, if you were 20% at fault, you would recover 80% of your damages.
Q: Can I access the trucking company’s safety record?
A: Yes. FMCSA maintains public safety data at safer.fmcsa.dot.gov. We obtain the carrier’s:
- CSA (Compliance, Safety, Accountability) scores
- Inspection history and out-of-service rates
- Crash history
- Safety rating
A poor safety record can prove the company knew it was putting dangerous drivers on the road.
Q: What if the truck driver was an independent contractor?
A: An owner-operator is a driver who owns their own truck and contracts with trucking companies. This can complicate liability, but both the owner-operator and the contracting company may be liable. We investigate all relationships and insurance policies to ensure you can recover from the responsible parties.
Q: How do cargo spills create liability?
A: Improperly secured cargo can shift during transit or fall from trucks, creating hazards for other vehicles. In New York, cargo spills often involve:
- Construction materials
- Retail merchandise from distribution centers
- Hazardous materials from the ports
We investigate whether the cargo was properly secured according to FMCSA regulations.
Q: What if a tire blowout caused my New York truck accident?
A: Truck tire blowouts cause thousands of crashes annually. Steps to take:
- Call police/file report
- Seek medical attention
- Photograph vehicles/license plates
- Get driver/witness info
- Get trucking company maintenance info
- Hire specialized attorney
The trucking company may be negligent for not following maintenance protocols.
Q: How do brake failures get investigated in New York truck accident cases?
A: Brake failures cause approximately 29% of truck accidents. We investigate:
- Maintenance and inspection records
- Out-of-service inspection history
- ECM data showing brake application
- Post-crash brake system analysis
- Driver vehicle inspection reports
- Mechanic work orders and parts records
Q: What if the truck’s dashcam recorded the accident?
A: Dashcam footage can be powerful evidence. However, trucking companies often delete this footage quickly. We send spoliation letters immediately to preserve dashcam evidence before it’s destroyed.
Q: Can I get the truck’s GPS data after a New York truck accident?
A: Yes. GPS and telematics data can show:
- The truck’s route and speed
- Location history
- Driver behavior patterns
- Hours of service compliance
This data can prove speeding, fatigue, or other violations.
Q: What if road conditions contributed to my New York truck accident?
A: Government entities may be liable for:
- Dangerous road design
- Failure to maintain roads
- Inadequate signage
- Improper work zone setup
New York’s sovereign immunity laws create special challenges, but we have experience pursuing these complex cases.
Q: Can I sue for PTSD after a New York trucking accident?
A: Yes. PTSD (Post-traumatic Stress Disorder) compensation is available. Victims experience:
- Flashbacks and nightmares
- Fear, anxiety, and depression
- Insomnia and sleep disturbances
- Avoidance of driving or certain locations
Documentation from doctors, psychologists, or therapists is required.
Q: What if I am partially responsible for the New York truck accident?
A: New York’s pure comparative negligence system allows you to recover even if you were partially at fault. Your recovery will be reduced by your percentage of fault. For example, if you were 30% at fault, you would recover 70% of your damages.
Q: How do you prove the truck driver was fatigued in a New York case?
A: We prove fatigue through:
- ELD data showing hours of service violations
- Dispatch records showing long driving periods
- Witness testimony about driver behavior
- Video evidence of driver drowsiness
- Pattern of violations in the company’s records
Q: What is the FMCSA and how does it help my New York truck accident case?
A: The Federal Motor Carrier Safety Administration (FMCSA) regulates commercial trucking. Their regulations provide the legal framework for proving negligence. We use FMCSA violations to establish:
- Negligent hiring
- Negligent training
- Negligent supervision
- Negligent maintenance
- Hours of service violations
Q: How are wrongful death damages calculated in New York trucking cases?
A: Wrongful death damages in New York may include:
- Lost future income and benefits
- Loss of consortium (companionship, care, guidance)
- Mental anguish and emotional suffering
- Funeral and burial expenses
- Medical expenses prior to death
- Pain and suffering experienced by the decedent before death
- Punitive damages (if gross negligence)
Contact Attorney911 Today
If you or a loved one has been injured in a New York 18-wheeler accident, don’t wait. Evidence disappears quickly, and the trucking company’s insurance team is already working to protect their interests.
Call Attorney911 now at 1-888-ATTY-911 for a free consultation. Our New York trucking accident attorneys offer:
- 24/7 availability
- Free case evaluations
- Contingency fee representation (you pay nothing unless we win)
- Immediate evidence preservation
- Aggressive negotiation and litigation
Hablamos Español. Llame a Lupe Peña al 1-888-ATTY-911 para una consulta gratis.
Remember: The trucking company has lawyers working right now to protect them. You deserve the same level of representation. Call Attorney911 today—we answer, we fight, we win.
