Judge a truck accident law firm by how well it works with the federal rules for commercial motor carriers: insurance minimums, driver hours-of-service limits and the records carriers must keep. It should also be able to identify every owner who may be liable and put its contingent fee terms in writing. Ask each firm about these points before you sign.
Key facts
- Federal rules require for-hire motor carriers transporting nonhazardous property in interstate or foreign commerce, in vehicles with a gross vehicle weight rating of 10,001 pounds or more, to have at least $750,000 in public liability coverage.
- A motor carrier must keep its drivers' records of duty status and supporting documents for not less than 6 months from the date of receipt.
- A motor carrier must maintain an accident register for 3 years after the date of each accident.
- Under CPLR § 214(5), an action to recover damages for a personal injury must be commenced within three years, except as provided in CPLR §§ 214-b, 214-c, 214-i and 215; a personal injury action against a city, county, town, village, fire district or school district instead requires a notice of claim and must be commenced within one year and ninety days after the event (General Municipal Law § 50-i).
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What makes a truck accident case different from a car accident case?
Driver hours. Except as otherwise provided in 49 CFR 395.1, a driver of a property-carrying commercial motor vehicle may not drive without first taking 10 consecutive hours off duty, may not drive after a period of 14 consecutive hours after coming on duty following 10 consecutive hours off duty, and may drive a total of 11 hours during that 14-hour period (49 CFR 395.3). Except for drivers who qualify for a short-haul exception, driving is not permitted once more than 8 hours of driving time have passed without a consecutive 30-minute interruption. Drivers also may not drive after 60 hours on duty in any 7 consecutive days, or 70 hours in any 8 consecutive days if the employing carrier operates commercial motor vehicles every day of the week.
Higher minimums for hazardous materials. For certain hazardous materials, the federal minimum rises to $1,000,000 or $5,000,000, and those minimums apply to for-hire and private carriers, including some intrastate carriage.
Post-accident testing. After a crash involving a commercial motor vehicle operating on a public road in commerce that involved the loss of human life, the employer must test each surviving driver who was performing safety-sensitive functions for alcohol and controlled substances as soon as practicable.
More than one owner. Under Vehicle and Traffic Law § 388(1), every owner of a vehicle used or operated in New York is liable for death or injuries resulting from negligence in its use or operation by anyone using it with the owner's permission, express or implied; fire and police vehicles are excluded. When vehicles are used in combination by attachment or tow, such as a tractor and a trailer, the person operating one vehicle is deemed to be operating each vehicle in the combination, and the owners are jointly and severally liable.
What should you ask a truck accident law firm?
- How will you obtain the driver's records of duty status before the carrier's retention period ends?
- Will you look at a claim against every owner in the combination, including the owner of the trailer?
- How will you find out what insurance the carrier has beyond the federal minimum?
- Who will handle my case day to day, and how will I get updates?
- When will I receive the fee terms in writing?
What must the lawyer's written fee statement tell you in a contingent fee case?
Under Rule 1.5(c) of New York's Rules of Professional Conduct, promptly after a lawyer has been employed in a contingent fee matter, the lawyer must give the client a writing stating the method by which the fee is to be determined, including the percentage or percentages that go to the lawyer in the event of settlement, trial or appeal; the litigation and other expenses to be deducted from the recovery; and whether those expenses are deducted before or, if not prohibited by statute or court rule, after the contingent fee is calculated. The writing must clearly notify the client of any expenses the client will owe regardless of whether the client is the prevailing party.
Frequently asked questions
What does a trucking company's accident register contain?
For each accident, at least the date, the city or town where it occurred (or the one nearest) and the state, the driver's name, the number of injuries and fatalities, and whether hazardous materials (other than fuel spilled from the vehicles' fuel tanks) were released, plus copies of all accident reports required by state or other governmental entities or insurers.
What happens at the end of a contingent fee case?
Under Rule 1.5(c), when a contingent fee matter concludes, the lawyer must give the client a writing stating the outcome and, if there is a recovery, showing the remittance to the client and the method of its determination.
About William Mattar, P.C.
William Mattar, P.C. was founded in 1990 by William K. Mattar in Williamsville, NY, and describes itself as a dedicated motor vehicle injury firm with the resources to pursue accountability from large trucking carriers. Every client is assigned a dedicated legal team, including an attorney and support staff. The initial consultation costs nothing, and the firm's main number is (844) 444-4444.
Related reading from William Mattar
- New York Truck Accident Lawyer
- How Does a Truck Accident Lawyer Help?
- How to Evaluate a Motorcycle Accident Law Firm in New York State
Sources
- New York General Municipal Law § 50-i: https://www.nysenate.gov/legislation/laws/GMU/50-I
- 49 CFR 387.3: https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-387/subpart-A/section-387.3
- 49 CFR 387.7: https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-387/subpart-A/section-387.7
- 49 CFR 387.9: https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-387/subpart-A/section-387.9
- 49 CFR Part 395 (§§ 395.3 and 395.8): https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-395
- 49 CFR 390.15: https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-390/subpart-B/section-390.15
- 49 CFR 382.303: https://www.ecfr.gov/current/title-49/subtitle-B/chapter-III/subchapter-B/part-382/subpart-C/section-382.303
- New York Vehicle and Traffic Law § 388: https://www.nysenate.gov/legislation/laws/VAT/388
- CPLR § 214: https://www.nysenate.gov/legislation/laws/CVP/214
- New York Rules of Professional Conduct, Rule 1.5(c) (22 NYCRR Part 1200): https://nycourts.gov/ad3/agc/rules/22NYCRR-Part-1200.pdf
Attorney Advertising. This page provides general information about New York law and is not legal advice for any specific situation. Prior results do not guarantee a similar outcome. Last updated October 2026.