The Bronx is a major freight corridor. The Cross Bronx Expressway, Major Deegan, Bruckner Expressway, and the streets around Hunts Point carry tractor-trailers and delivery trucks around the clock. When one of these vehicles collides with a car, motorcycle, or pedestrian, the physical forces involved produce severe injuries. Truck accident claims also work very differently from ordinary car accident claims, which is why many victims turn to an experienced Bronx truck accident lawyer who understands federal trucking rules and the layers of liability involved.
Why Truck Cases Are More Complex
A fully loaded tractor-trailer can weigh many times more than a passenger car, which means longer stopping distances and greater damage. More importantly, there are usually more parties involved, more insurance policies, and more regulations.
Who Can Be Held Responsible?
Depending on the facts, a truck accident claim may involve:
- The truck driver, for speeding, fatigue, distraction, or impairment
- The trucking company, which is generally responsible for its employees’ negligence and may also be liable for negligent hiring, poor training or pressure to meet unrealistic schedules
- The vehicle owner, since New York law makes owners responsible for the negligent use of their vehicles by people they permit to drive
- A cargo loader or shipper, if unbalanced or improperly secured, contributed to the crash
- A maintenance contractor or parts manufacturer, if brakes, tires, or other equipment failed
- A freight broker, in some circumstances
Identifying every responsible party matters because it affects how much insurance coverage is available.
Federal Trucking Rules
Commercial truck drivers must follow rules set by the Federal Motor Carrier Safety Administration. Violations can be powerful evidence of negligence. Key areas include:
- Hours of service. Drivers are limited in how many hours they can drive before taking required rest. For example, property-carrying drivers may drive a maximum of 11 hours after 10 consecutive hours off duty.
- Electronic logging devices. Most commercial trucks must record driving time electronically.
- Inspection and maintenance. Carriers must keep brakes, tires, lights and other systems in safe condition.
- Drug and alcohol testing. Commercial drivers are subject to testing requirements.
- Insurance minimums. Many for-hire carriers must carry a minimum amount of liability coverage set by federal rules.
Evidence That Can Win a Truck Case
Trucking companies often have rapid-response teams that investigate crashes within hours. Your side needs to move equally fast. Important evidence includes:
- The truck’s electronic control module and logging device data
- Driver logs, dispatch records and delivery schedules
- Driver qualification and training files
- Maintenance and inspection records
- Dashcam footage and traffic or building camera video
- Police and accident reconstruction reports
A lawyer can send a preservation letter demanding the company keep these records. Without that, data may be overwritten or lost.
Common Injuries
Truck crashes frequently cause spinal cord injuries, traumatic brain injuries, amputations, internal injuries and fatal injuries. These cases often require long-term care, and damages can include future medical costs, lost earning capacity and pain and suffering.
Steps to Take After a Truck Crash
- Call 911 and request medical help.
- Photograph the scene, the truck’s license plate, USDOT number and company name.
- Get the driver’s information and the company’s name.
- Collect witness contacts.
- See a doctor even if you feel fine.
- Do not speak to the trucking company’s insurer without legal advice.
No-Fault and the Serious Injury Threshold
As with other New York motor vehicle crashes, no-fault benefits cover your initial medical costs and some lost income, and you generally must apply within 30 days. To sue for pain and suffering, your injuries must meet the serious injury threshold. Many truck crash injuries do, and a Bronx truck accident lawyer can review your medical records to tell you where you stand.
Speak With a Bronx Truck Accident Lawyer
As a Bronx truck accident lawyer, Kohn Law Firm has helped truck accident victims across New York City for more than 30 years. Visit our truck accident page or call 718-409-1200 for a free, confidential case review. You pay no fee unless we recover compensation for you.
FAQ
What if the truck driver says the crash was my fault? The trucking company’s version is not the final word. Black box data, logs, and video often tell a different story.
Can I recover from the company, not only the driver? In many cases yes, particularly when the driver was working at the time. A Bronx truck accident lawyer can help identify every party who may be responsible.
How long do I have to file? Typically three years for injury claims in New York, though wrongful death claims and claims involving government vehicles have different deadlines.
Attorney Advertising. Prior results do not guarantee a similar outcome. This article is general information, not legal advice.