Filing a Truck Accident Claim in New York: What You Need to Know

truck accident in a new york highway

Truck accidents are messy, and recovering compensation for your injuries can be just as chaotic. The best way to protect your rights and recover the money you need after a truck crash caused by someone else is to work with a knowledgeable truck accident attorney. Below you’ll find the answers you have been looking for regarding your truck accident claim in New York and how our attorneys can help you with your case.

Who’s Liable for a New York City Truck Crash?

One of the issues with recovering compensation after a truck crash is determining who’s liable for your injuries. Depending on the circumstances of the crash, there might be several parties who are solely or jointly liable for your injuries.

For example, the truck driver might be liable for the crash if they acted negligently and their actions contributed to the accident. Common examples of truck driver negligence include speeding, texting, impaired driving, drowsy driving, and tailgating.

Similarly, the trucking company might be liable for a collision if they didn’t follow safety rules, hired an unqualified driver, pushed their drivers too hard, or engaged in other negligent behavior. In many truck accident cases, the truck driver and trucking company share liability for the collision.

There are other parties besides the truck driver and trucking company who might be responsible for a crash. For instance, the people who loaded cargo onto the truck might be liable if they didn’t do it right, and an unbalanced load caused the truck to become unstable, leading to the crash. Also, some truck accidents occur due to a design or manufacturing defect, which might mean the truck’s manufacturer or a specific parts manufacturer is liable for your injuries.

Along similar lines, trucks require regular maintenance checks to stay in good working order. If a crash occurs because a maintenance or repair company either failed to make necessary repairs or did a sloppy job, they might be liable for the accident. Finally, government agencies are sometimes liable for truck accidents in cases where the crash occurred due to poor traffic control or sloppy road design.

This may seem like a lot to take in, but rest assured that the New York truck accident lawyers at Finz & Finz, P.C., have the experience and dedication to determine who caused a crash. If multiple parties share liability for an accident, we can assist you with filing multiple claims so you can recover full compensation for your injuries.

Why Are Truck Accident Cases Complicated?

Truck accident cases are more complex than typical car accident cases for several reasons:

  • Evidence, such as the truck’s “black box” data or maintenance records, can be challenging to obtain.
  • Federal and state regulations governing the trucking industry add extra layers of complexity.
  • Severe injuries often result from a truck accident, making it even more important to maximize your financial recovery.
  • Multiple parties may be involved, making it difficult to determine who’s at fault.
  • Trucking companies and their insurance providers often have significant resources to fight claims.

Finding ways around these challenges is one of a truck accident attorney’s key jobs. We can tackle these problems and handle all the rest of the work in your case while you focus on your medical treatment.

State and Federal Regulations in NYC Truck Accident Lawsuits

Understanding the various state and federal regulations that apply to the trucking industry is an essential skill for truck accident lawyers. Some of the laws that make a difference in a truck accident claim include:

  • Commercial Driver’s License (CDL) requirements – Driving a multi-ton truck is much different than driving a passenger car, which is why each state sets its own requirements for issuing commercial driver’s licenses. If a trucking company failed to check that a driver met New York’s CDL requirements, they might be liable for an accident.
  • Hours of Service rules – Federal regulators have issued strict rules on how long truck drivers can drive in a given work day, when they have to take breaks, and how long drivers can work per week. People in the trucking industry call these rules Hours of Service regulations, and following them is crucial to minimizing the chances of an accident occurring.
  • Impaired driving regulations – While a blood-alcohol content (BAC) level of 0.08 percent is the legal limit for passenger drivers, FMCSA rules set the limit for truck drivers at 0.04 percent. This rule can help you establish how a truck driver’s negligence caused your injuries.

How Long Do You Have to File a Personal Injury Case?

In New York, the statute of limitations generally allows three years to file a truck accident claim. However, this timeline can be shorter or longer depending on specific circumstances. Filing your claim within this time frame is essential to protect your rights. Our team will guide you through the legal process and ensure your claim is filed on time.

How Our New York Truck Accident Lawyers Can Help

The New York City truck accident attorneys at Finz & Finz, P.C., have a proven track record of success in these cases. If you choose us to represent you, we can:

  • Advocate for your best interests and fight for maximum compensation in court, if necessary
  • Communicate and negotiate with insurance companies on your behalf
  • Handle all paperwork and legal filings to ensure your claim meets deadlines
  • Identify all potentially liable parties and pursue compensation from each
  • Investigate the accident and gather evidence to support your claim
  • Interview any potential witnesses
  • Secure expert witnesses, such as accident reconstructionists, medical specialists, and others, as needed

Contact an NYC Truck Accident Attorney Now

The New York truck accident lawyers at Finz & Finz, P.C., have recovered over a billion dollars for our clients and want to help you move on from this painful chapter. Don’t wait another minute, and don’t try to handle this difficult situation on your own. Call us today or visit our contact page for a free consultation.

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Finz & Finz, P.C. is a New York and Long Island personal injury law firm based out of Mineola, NY. It was founded in 1984 and is highly rated, with many honors and awards of excellence.