New York Truck Accident Lawyers

After a truck accident, you may feel overwhelmed both physically and emotionally. The enormous size and weight of a commercial truck can cause injuries that are serious and disabling. Further, the financial stress caused by the accident can be devastating.

You need a personal injury lawyer who is thoroughly knowledgeable about truck accidents. You want to work with a legal team that is friendly and makes you feel comfortable and protected. The New York law firm of Hill & Moin LLP is exactly that. With us, it’s like having a lawyer in your family.

If you or a loved one has been injured in a truck accident, please contact Hill & Moin LLP online, or call (212) 668-6000 to speak with one of our lawyers for truck accidents.

New York Trucking Accident Laws

Operating a commercial vehicle like a tractor-trailer in New York comes with stringent legal requirements designed to promote road safety. Truck accidents can have severe and lasting impacts, making adherence to these regulations crucial. To ensure safer roadways, truck drivers undergo extensive training and testing. Below is a breakdown of the key federal and state trucking laws that New York drivers must follow.

Federal laws NY truckers must adhere to

New York commercial truck drivers must comply with federal regulations outlined in Title 49 of the Code of Federal Regulations. Key rules include:

• Cell Phone Policy: Drivers are prohibited from texting or using handheld cell phones while driving.
• Hours of Service (HOS): Regulations limit driving hours to prevent fatigue. Drivers can drive up to 11 hours after 10 consecutive off-duty hours and must take a 30-minute break after eight hours of driving.
• Drug and Alcohol Testing: Random testing is mandatory, and drivers with a blood alcohol concentration (BAC) of 0.04% or higher face penalties.
• Driver Logbook Requirements: Drivers must log their hours, mileage, and rest periods accurately.
• Reflective DOT Tape: Trucks must have reflective tape for increased visibility, particularly on the sides and rear.
• Medical Standards: Drivers must pass a U.S. Department of Transportation (USDOT) physical exam and maintain an updated Medical Examiner Certificate.

Special rules that apply to NY truckers

New York truck drivers are required to follow a set of specialized rules outlined in the state’s Commercial Driver’s Manual. These include:

• Safe Driving Practices: Drivers must master essential skills like vehicle control, shifting gears, managing speed, spotting hazards, and responding to emergencies such as skids or brake failures.
• Vehicle Inspections: Regular inspections before, during, and after trips are mandatory. Drivers must check critical components like brakes, tires, lights, fluid levels, and emergency equipment.
• Cargo Transport Regulations: Drivers are responsible for properly loading, balancing, and securing cargo. Special attention must be given to hazardous materials and perishable goods.
• Hazardous Materials Handling: Drivers transporting hazardous materials must follow federal and state-specific safety rules, including correct labeling, secure transportation, and emergency response preparedness.
• Passenger Transport Guidelines: Drivers transporting passengers must follow strict protocols for safe boarding, trip monitoring, and post-trip inspections.
• Special Endorsements: Operating specific vehicles such as tankers, school buses, or trucks carrying hazardous materials requires additional licenses and specialized training.
• Brake System Knowledge: CDL drivers must be proficient in using air brake systems, including performing system checks and understanding brake failures.
• Combination and Multi-Trailer Vehicles: Truckers operating combination vehicles or pulling double and triple trailers must know coupling and uncoupling procedures, inspection protocols, and air brake management.

New York truck weight limits

Truck weight limits in New York ensure road safety and infrastructure longevity. According to the New York City Department of Transportation, the following weight restrictions apply:

• Per Inch of Tire Width: 88 lbs
• Any One Wheel: 11,200 lbs
• Any One Axle: 22,400 lbs
• Any Two Axles: 36,000 lbs
• Three or More Axles: 80,000 lbs

Drivers must adhere to these limits to avoid fines, penalties, and potential accident liability.

Traffic law changes in 2024 (NY & NYC)

Several traffic law updates have taken effect in 2024, impacting New York truck drivers and all motorists:

• NY Move Over Law Expansion: This law now applies to ALL disabled vehicles on the roadside, requiring drivers to slow down and move over if safe. It previously applied only to hazard vehicles, highway worker vehicles, and tow trucks.
• Stopped School Bus Law Update: Fines for illegally passing a stopped school bus with flashing red lights have been increases, emphasizing child safety.
• Jaywalking Legalization in NYC: Jaywalking is now decriminalized in NYC, but pedestrians are still expected to exercise caution. Drivers must remain alert to avoid collisions.

Understanding and following these federal, state, and local regulations is essential for truck drivers to operate legally and safely on New York roads.

Identifying Fault In a New York Commercial Truck Accident Case

It can be very complicated to determine fault in a commercial truck accident, as people do not readily admit their mistakes. There was an example of this here in New York City in 1972. One day at the end of August, a “human error” resulted in what the New York Times called “massive commuter tie-ups.”

The four main tracks of the Penn Central railroad leading into New York City were disabled. The responsible person did not come forward. Now, nearly 50 years later, responsible parties still don’t readily admit their mistakes. This is also true in truck accident cases.

When you are involved in an accident with a commercial truck, more than one party may be at fault for the collision. Since more than one party may be liable for your injuries, an investigation becomes necessary. This investigation will enable you to find out who to pursue for compensation. Since the commercial trucking industry is complex, you might find it difficult to identify the negligent parties in your claim.

The responsible parties may include:

• Independent contractors
• Trucking companies
• Cargo loaders
• Truck mechanics
• And others involved in the trucking industry

Identifying who is at fault is no easy task. Yet, with the Hill & Moin truck accident lawyers by your side, you will learn what our experienced attorneys can do for you. Our truck accident lawyers know how to investigate your accident and the trucking company. We will also examine the training of the truck driver and maintenance workers.

Our truck accident lawyers will examine and analyze the truck driver’s Commercial Driver’s License (CDL) and logbook. We will study the evidence to determine if the driver followed federal and New York trucking laws and regulations. You deserve diligence and professionalism – and our accident lawyers offer nothing less.

Common Causes of Semi-Truck Accidents

The roads (highways, freeways, parkways, etc.) in New York are often crowded to an extreme degree with vehicles. Navigating congested traffic is difficult. The situation becomes more treacherous with ice and snow and other winter road conditions. Additionally, even when traffic and weather are not a concern, negligent and reckless truck drivers still can be found on the road.

The reality is that truck accidents typically occur because of human error. The most common types of human error in truck accidents include the following:

• Negligence: A truck driver performing an unsafe or illegal activity while driving, such as:
• Ignoring traffic signals
• Changing lanes with another vehicle in the way
• Failing to yield to traffic
• Failing to adequately check the truck’s surroundings
• Failing to obey traffic signals
• Speeding: With a semi-truck, speeding can be very problematic and dangerous. Their large size and weight make it impossible for them to stop quickly or change direction immediately. This is especially true under certain conditions, including poor weather and congested traffic.
• Distracted driving: Texting while driving is dangerous. The Official New York State Website makes this comment: “New York prohibits all drivers from using portable electronic devices.” Nevertheless, serious accidents due to distracted driving are on the rise.
• Illegal activity: This includes using an electronic device and composing, sending, reading, accessing, browsing, transmitting, saving, or retrieving electronic data such as e-mail, text messages, or webpages. It also includes viewing, taking, or transmitting photos or playing games on a mobile device.
• Lack of sleep: The driver of a tractor-trailer who works too many hours can become fatigued and drowsy. This impairs the driver’s ability to respond quickly to situations when driving. He or she may respond to hazards far too slowly or overcorrect. In either case, a lack of sleep can debilitate the driver of a tractor-trailer. The trucking company may be liable for the resulting truck accident if they were forcing an unreasonable work schedule on a driver.
• Driving under the influence: It is illegal to drive under the influence of alcohol or drugs.
• Semi-truck cargo shifting: Improperly loaded cargo or insecure cargo can result in a cargo shift during transport. These cargo shifts can cause the tractor-trailer’s center of gravity to change during transportation. As a result, the tractor-trailer can experience a rollover, jackknife, or similar crooked contortion in a serious accident.
• Truck cargo spills: If the truck’s cargo is inadequately secured and the cargo spills during transportation, this can create severe damage and injury. Falling cargo at high speeds is a disastrous combination. Surrounding vehicles will swerve and collide to avoid the spilled cargo. What’s even worse, the cargo could include hazardous material. This could result in severe and long-lasting personal injury.
• Poor road maintenance: At times, an unlikely party is responsible for the truck accident. Poor road maintenance could be the cause of the truck driver losing control. In this situation, contractors responsible for the road maintenance may be liable. Perhaps even the local government is accountable.
• Work zones: Contractors providing maintenance and construction on roads must provide enough warning for drivers. The drivers must have adequate time to adjust to the construction environment; they will need to change their speed and distance in a work zone to avoid collisions. There must be barriers and enough distance between the traffic and the workers.
• Poor truck maintenance: Brake failure, an incorrectly attached trailer, defective steering, tire blowouts, and many other issues can all cause the truck driver to lose control and make an accident.
• Inexperience: Trucking companies are required to follow motor safety rules which reduce the possibility of an inexperienced truck driver making a bad decision which leads to an accident.

These are just some of the causes of truck accidents. Often, a thorough analysis of the evidence is required to determine how and why the truck accident occurred.

Following truck accidents, lawyers can help you figure out what caused the incident. You need a legal team that will see all the details of your accident and understand how they all interconnect.

The legal team at Hill & Moin can help you. We can identify the individual accountable and responsible for your accident. This will enable us to get you the compensation you deserve from the party liable for your accident.

How Injury Lawyers Can Help You Get Compensation for Your New York Truck Accident

You have the right to sue for proper and fair compensation. An attorney at the law firm of Hill & Moin LLP will work to get you that restitution. We can secure your recovery and future by helping you to receive the maximum possible compensation.

Your compensation can include:

• Medical expenses – You may incur medical costs directly related to your accident. This may include existing medical bills and future required medical costs related to the truck accident.
• Property loss – Valuable items either destroyed or lost in your accident can be compensated for. Also, the costs connected to the repair of your vehicle may be covered, possibly even the cost of buying a new vehicle.
• Lost wages – Your injuries might result in an extended absence from your work, in which case you will need to be reimbursed for lost wages. Additionally, your injuries may be so severe that they result in you not being able to return to your job permanently. In this case, you can receive compensation for lost earning capacity.
• Non-monetary damages for pain and suffering – This is compensation for physical and psychological pain and trauma. The horrific experience of the truck accident can bring stressful emotions and nightmares. You deserve compensation for this type of pain and suffering.

You will have weighty concerns after your accident that can cause you severe stress. You need to recover, and you want your family to be cared for. You will need compensation to accomplish both of these goals. And to secure your compensation, you will need thoughtful help from sincere attorneys who truly want what is best for you and your family.

The New York law firm of Hill & Moin LLP is not only well-versed in the law, but we can assist you in a considerate and kind way. Our priorities are both to get you the compensation you need and for you to feel like we are the lawyer in your family simply giving you a helping hand.

How Long Do You Have to File a Truck Accident Claim in New York?

In New York, after a nonfatal truck accident, a person has three years from the date of the crash to file a lawsuit. In the event of a fatality, the statute of limitations is 2 years. Further, if the case involves a truck of the City of New York, the available time to file is 90 days.

Regardless of the time permitted to file a lawsuit after a truck accident, it is best to file a claim as quickly as possible. A truck accident case is more complex than other motor vehicle accidents. You will want to allow enough time to accurately and thoroughly investigate the circumstances of your case.

Why It’s Important to Have a New York Truck Accident Lawyer

Truck accidents create stress in several ways. When these different stresses are combined, they can leave you exhausted. You may end up worn out physically, emotionally, and financially. Having a personal injury attorney can alleviate much of your stress so you can focus on your recovery, which should always be your priority after an accident. With an attorney helping your legal case, you can concentrate on your health and your family.

Another type of stress after a truck accident is mental stress. Many factors complicate truck accidents, such as industry regulations and the number of parties who are responsible for the truck or trucks, including the:

• Trucking company
• Truck driver
• Owner
• Broker
• Insurance company

Additionally, you will need a lawyer who understands how the law related to truck accidents is different from auto accidents. The laws related to negligence are the same, but there are aspects of the vehicle code section which are specifically applied to commercial truck drivers and trucking companies.

You do not have to be flustered by these complex laws and regulations. A personal injury lawyer for truck accident cases can help you. You will want a lawyer who understands how the special licensing and training requirements of truck drivers often make a truck accident case easier for a plaintiff to win.

Retaining an experienced personal injury lawyer who will share accurate legal advice with you and skillfully manage your case will allow you to use your time to recover physically and be with your family. At the New York law firm of Hill & Moin LLP, our attorneys will do all we can to ensure that you receive the compensation you deserve to cover your injuries, medical bills, and lost wages.

Contact a New York Truck Accident Lawyer

In a truck accident case, certain legal issues will come up that are not considered in other motor vehicle accident cases. There is complicated paperwork that must be filed accurately and within deadlines. Multiple parties must be communicated with, and some of them are likely to be resistant, manipulative, and at times downright dishonest.

You need a truck accident lawyer from the New York law firm of Hill & Moin LLP. We have a personal injury attorney who can overcome these obstacles for you. We will work hard to help you secure your future so you can focus on getting healthy again and being with your family.

Let our law firm be like the lawyer in your family who takes the legal burden off of your shoulders. If you or a loved one has been injured in a truck accident, please contact a personal injury lawyer at Hill & Moin LLP online or call us at (212) 668-6000 for a free case evaluation. One of our truck accident lawyers will give you the confidence and support to pursue legal remedies for compensation.

Don’t wonder about your rights!