New York Truck Accident Lawyer
Trucking corporations and commercial operators have a strict legal duty to ensure their fleets and drivers operate safely on New York roads. That’s why when a fully loaded tractor-trailer, which can weigh up to 80,000 pounds, collides with an average passenger car, it typically results in catastrophic damage and life-altering injuries for those in the smaller vehicle.
If a commercial truck accident injured you or a loved one, you have the right to seek compensation for the physical, emotional, and financial toll caused by negligence, and a New York truck accident lawyer can help protect your claim from the start. However, trucking companies are backed by aggressive legal teams and insurance adjusters whose primary job is to minimize their liability. They are prepared to act immediately to protect their interests.
As New York truck accident lawyers, we can handle the difficult investigations and negotiations so you can focus on healing. If you have questions about your collision, we are ready to help.
Call William Mattar, P.C. today at (716) 444-4444.
Why Choose William Mattar Law Offices for Your Truck Accident Claim?
When you are up against a large trucking company and its insurer, you need a law firm with the resources, knowledge, and dedication to stand with you, especially when an accident occurs with an uninsured truck driver in New York. We are a dedicated motor vehicle injury firm with the resources to pursue accountability from large trucking carriers.
Firm History & Focus
Founded in 1990 by William K. Mattar in Williamsville, NY, our firm grew from a one-lawyer office to one of New York State’s largest firms dedicated almost exclusively to motor vehicle accident cases.
Unlike general practitioners who may handle a wide variety of cases, our team focuses specifically on the laws and nuances of auto and truck crashes. This concentration gives us a deep understanding of the unique aspects of commercial vehicle litigation.
Statewide Reach & Accessibility
Our principal office is located at 6720 Main Street in Williamsville, positioned near the I-90 Thruway, a major corridor for commercial trucking.
With additional intake locations across the state, including Albany, Rochester, Syracuse, and Long Island, we handle truck crash cases no matter where they happen on New York’s highways.
Awards & Recognition
William Mattar holds Martindale-Hubbell’s AV Preeminent rating, which is the highest possible peer review rating for ethical standards and legal ability. He has also been recognized by Avvo with a "Superb" rating for personal injury.
Our firm's prominence is also highlighted by our Golden Gavel Award for television commercials, which recognized our firm for creating one of the best law firm advertisements of the year.
Furthermore, we have been previously named one of the "Best Companies to Work for in New York State," a testament to a supportive team environment that we believe translates to better care for our clients.
Our Guarantees:
- No Fee Until We Win: We operate on a contingency fee basis. This means if we don't obtain a financial recovery for you, you don't owe us any attorney’s fees.
- Free Case Review: Your initial consultation to discuss your case and understand your rights costs you nothing.
- Team Approach: Every client is assigned a dedicated legal team, including an attorney and support staff, to ensure you receive consistent communication and support.
Understanding Compensation in New York Truck Accident Cases
The purpose of a personal injury claim is to secure compensation that helps restore your financial standing to where it was before the accident. In a truck accident case, several categories of damages are available.
Compensation Categories
- Economic Damages: These are the tangible, verifiable financial losses you have incurred. This includes past and future medical bills, lost wages from being unable to work, diminished earning capacity if you cannot return to your former job, and costs for rehabilitation or physical therapy.
- Non-Economic Damages: These damages compensate for the subjective, non-financial losses resulting from the accident. This includes pain and suffering, emotional distress, and loss of enjoyment of life.
- Punitive Damages: In some rare cases, punitive damages may be awarded. These are not intended to compensate the victim but to punish the defendant for extreme or malicious conduct, such as a trucking company knowingly falsifying service logs or employing a driver with a known history of reckless driving.
New York’s Comparative Negligence Rule
New York follows a pure comparative fault rule. This means you may recover damages even if you were partially at fault for the accident. Your total compensation award will be reduced by your percentage of fault.
Trucking company defense teams try to use this rule to their advantage by attempting to shift as much blame as possible onto the passenger car driver, for instance, by perhaps claiming you were driving in the truck’s blind spot, to reduce what their client has to pay.
No-Fault Insurance vs. Personal Injury Lawsuits
New York is a No-Fault state, which means your own auto insurance policy initially covers your basic medical expenses and lost wages, regardless of who was at fault.
However, to step outside of the No-Fault system and file a lawsuit against the trucking company for non-economic damages like pain and suffering, it helps to understand what you can sue for in a truck accident and your injuries must meet the legal standard of a serious injury.
Where Do Truck Accidents Occur in New York?
While a truck accident may happen anywhere, certain roadways in New York see a higher volume of commercial traffic and, consequently, more collisions.
High-Risk Corridors
- I-90 (New York State Thruway): As the main artery for commercial freight moving east-west across the state, the I-90 connects major hubs like Buffalo, Rochester, Syracuse, and Albany. The combination of high speeds and a mix of commercial and passenger traffic makes it a frequent site for serious accidents.
- I-87 (The Northway) & I-81: These are key north-south routes for logistics, carrying goods to Canada and down through Pennsylvania. Their heavy commercial use contributes to a higher risk of truck-related incidents.
- New York City Arteries: Congested highways like the Cross Bronx Expressway and the Long Island Expressway (LIE) are notorious for traffic jams, leading to rear-end and lane-change collisions involving large trucks.
Weather & Seasonal Factors
New York’s variable climate also plays a role, and truck accident lawyer help can be critical when weather or road conditions contribute to a serious crash. In Western and Central New York, lake-effect snow causes sudden whiteout conditions, making it difficult for truckers to stop and increasing the risk of jackknife accidents. In the warmer months, highway construction zones create bottlenecks and abrupt stops, which leads to devastating rear-end collisions when a heavy truck cannot brake in time.
According to data from the Institute for Traffic Safety Management and Research (ITSMR), fatal and personal injury crashes involving large trucks are more likely to involve multiple vehicles compared to crashes overall.
Handling Commercial Truck Accident Laws and Injuries
Truck accident claims are far more complicated than a typical car accident case and typically involve a web of state and federal regulations, multiple potentially liable parties, and injuries that are exceptionally severe.
Common Types of Truck Accidents
- Jackknife Accidents: Occurs when a truck’s trailer swings out to a 90-degree angle from the cab, caused by sudden braking or slick roads.
- Underride Collisions: A catastrophic event where a smaller passenger vehicle slides underneath the side or rear of a semi-trailer.
- Rollovers: These are caused by taking a curve too quickly, an improperly balanced load, or a sudden shift in cargo.
- Blind Spot/Lane Change Crashes: Commercial trucks have large blind spots on all sides. Accidents frequently happen when a truck driver changes lanes without seeing a vehicle in one of these areas.
Common Injuries Sustained
- Traumatic Brain Injuries (TBI)
- Spinal cord injuries leading to paralysis
- Internal organ damage and crush injuries
Relevant Legal Concepts
- FMCSA Regulations: Unlike standard car accidents, truck crashes are governed by the Federal Motor Carrier Safety Administration (FMCSA). These regulations dictate everything from how many consecutive hours a driver is on the road (Hours of Service) to cargo securement and vehicle maintenance requirements. A violation is strong evidence of negligence.
- Vicarious Liability: This legal doctrine generally holds an employer (the trucking company) responsible for the negligent actions of its employee (the driver) if the driver was acting within the scope of their employment.
- Statute of Limitations: In New York, you have three years from the date of the accident to file a personal injury lawsuit, according to New York Civil Practice Law and Rules § 214. However, evidence like the truck’s black box data and driver logs may be lost or destroyed much sooner. Contact a lawyer quickly to preserve this information.
Dealing with Trucking Insurance Companies
Following a serious truck accident, you will likely be contacted by an adjuster from the trucking company’s insurance carrier. While they may seem helpful, you must understand their role in the process.
Some trucking companies carry commercial insurance policies with very high liability limits, worth millions of dollars, which can directly affect who is liable in a truck accident and how aggressively the case is defended. Because so much money is at stake, their insurance carriers fight much harder to minimize or deny a claim than they would in a standard car accident case.
Here's What to Look Out For:
- Early Settlement Offers: An insurer might offer a quick, low-value settlement before you know the full extent of your injuries and long-term medical needs. Accepting this offer will prevent you from seeking further compensation later.
- Recorded Statements: You may be asked to provide a recorded statement about the accident. The adjuster may use this to find inconsistencies in your story or get you to say something that may be used to assign partial fault to you.
- Delay, Deny, Defend: This is a common tactic where the claims process is intentionally drawn out. The insurer may delay responding, deny the claim on a technicality, or defend the case aggressively, hoping you will get frustrated and accept a lower settlement.
Our role as your attorneys is to handle all communication with the insurance company on your behalf. We work to protect you and ensure you are not taken advantage of during a vulnerable time.
FAQ for New York Truck Accident Claims
What if the truck driver lives in another state?
This is common, especially on major routes like the I-90. Your lawsuit is generally filed in New York, where the accident occurred. Our firm has experience handling cases involving out-of-state drivers and trucking companies, addressing any jurisdictional issues that may arise.
Can I sue if the accident was caused by shifting cargo, not the driver?
Yes. In cases of improperly secured or balanced cargo, liability may extend beyond the driver. The company that loaded the freight, the shipping company, or the owner of the cargo could also be held responsible. A thorough investigation is needed to identify all at-fault parties.
What constitutes a "Serious Injury" under New York Law?
Under New York Insurance Law § 5102(d), a serious injury includes death, dismemberment, significant disfigurement, a fracture, loss of a fetus, permanent loss of use of a body organ or member, a permanent consequential limitation of a body organ or member, or a significant limitation of use of a body function.
It also includes an injury that prevents you from performing substantially all of your usual daily activities for at least 90 out of the first 180 days following the accident.
How long does a truck accident lawsuit typically take in New York?
The timeline varies widely depending on the difficulty of the case, the severity of the injuries, and whether the case settles or goes to trial. Some cases may resolve in several months, while others could take a few years. Our focus is on pursuing the maximum compensation available under the law, not just a quick settlement.
Get The Legal Support You Need to Move Forward
Trucking companies have teams of lawyers working to protect their profits the moment an accident occurs. You deserve a team dedicated to protecting your future.
Do not let the fear of legal costs or cumbersome paperwork stop you from seeking the compensation you need to rebuild your life.
Level the playing field today. Contact William Mattar, P.C. at (716) 444-4444 or complete our online form to schedule your free case review.