Manhattan NY Truck Injury Accident Lawyer

Truck Injury Attorneys
Manhattan, NY

Manhattan is the densest area in the United States with 71,166 people per square mile, and also one of the densest areas in the world. It goes without saying that it is also an area with a lot of vehicle traffic, which means that many auto accidents happen here. Some of these accidents involve large trucks.

The aftermath of a truck accident can leave you grappling with not only physical injuries but also emotional distress. The sheer size and weight of commercial trucks can lead to severe and life-altering injuries, compounded by the financial strain it can place on you and your family.

In times like these, you require the expertise of a personal injury attorney who possesses in-depth knowledge of truck accidents. Equally important is a legal team that offers a warm and reassuring presence, making you feel secure and supported throughout the process. That’s precisely what you’ll find at Hill & Moin LLP, a renowned law firm based in New York. With us, you can expect the same level of care and dedication as if you had a trusted truck accident lawyer in your own family.

If you or a loved one has been injured in a Manhattan truck accident, contact the experienced personal injury lawyers at Hill & Moin LLP online or call (212) 668-6000 for a free case evaluation.

Where Do Most Truck Accidents Happen in Manhattan

In 2022, there were over 16,000 auto accidents in Manhattan, some of them involving large trucks. The most dangerous roads in Manhattan are Upper Broadway, Henry Hudson Parkway, and Amsterdam Avenue. Additionally, some of the most hazardous intersections in the densest New York City borough are:

• Madison Ave & E 85th St
• Madison Ave & E 84th St
• E Houston St & Bowery
• Canal St & Bowery
• 1st Ave. & E 87th St
• 2nd Ave & E 59th St
• 2nd Ave & Dr. Martin Luther King Jr. Blvd
• Ludlow St & Rivington St
• Clinton St & and Rivington St
• Madison Ave & E 84th St
• Madison Ave & E 85th St
• E 59th St & 3rd Ave
• 2nd Ave & E 36th St

While it may be challenging to completely avoid these roads and intersections, our Manhattan truck accident attorneys highly recommend exercising extra caution when traveling in those areas. So, be sure to maintain a safe distance between your vehicle and others, remain vigilant for bicyclists and pedestrians, and, of course, strictly adhere to all traffic laws.

Certain Manhattan streets simply cannot accommodate medium to large-sized trucks, and many areas prohibit tractor-trailers altogether. It’s not just narrow streets; sharp turns pose challenges for big trucks, resulting in accidents in unexpected locations. Also, Manhattan features multiple bridges, elevated railways, tunnels, and highway entrance ramps that can be hazardous to truckers who ignore designated truck routes and low-bridge warnings.

New York Truck Rules & Regulations

Truck accidents rank as some of the most perilous incidents on our roadways, and there are regulations in effect to mitigate these frequently fatal occurrences. Commercial truck operators are subject to rigorous driving rules, governed by both federal and state authorities. It is important to note, though, that the New York State closely aligns with federal regulations, with several exceptions. Some of these exceptions are discussed here: Refer to Title 17 of the New York Codes, Rules and Regulations (NYCRR) Part 820. The rest of the rules also apply on a federal level; the most important ones refer to:

Truck Driver Qualifications

Truck drivers must operate their vehicles safely, and it is equally essential for trucking companies to ensure they employ drivers who possess the necessary qualifications. Each job candidate must undergo a rigorous screening process. This being said, when an accident involving a large truck happens, the trucking company may be held liable for negligent hiring practices if it is proven that it had failed to screen its trucker properly.

Trucker Hours of Service

Each and every commercial truck driver must adhere to strict hours of service regulations set by the FMCSA. These rules are crafted so that they ensure that each trucker maintains adequate rest and attentiveness, in order to drive safely. Although the list of rules and regulations is longer, the most important of them are:

1. A trucker can drive a maximum of 11 hours consecutively after a minimum of 10 consecutive hours off duty.
2. Truckers utilizing sleeper berths must spend at least 8 consecutive hours in their berths, in addition to 2 consecutive hours either inside the berth or off duty (or 2 hours in any combination of these last two options).
3. If a trucker accumulates 60 to 70 hours of on-duty time within a period of 7 to 8 consecutive days, they must take a minimum of 34 consecutive hours off duty before resuming their driving duties.
4. Following the commencement of duty (after at least 10 consecutive hours off duty), a trucker is prohibited from driving beyond the 14th hour.

Trucker Logs

Truck drivers are also responsible for meticulously maintaining detailed records of their hauls. These logbooks contain information such as:

• Details regarding the cargo being transported, including a copy of the shipping documentation.
• The commencement time of the 24-hour period.
• The starting point and final destination.
• The total mileage covered.
• The carrier’s information.
• The names of any co-drivers.
• The truck’s identification number.

In addition to these particulars, truckers are required to monitor and document their status within the 24-hour period, specifying whether they are on duty and driving, on duty but not driving, off duty, or resting. It’s worth noting that some truckers who work less than 12 consecutive hours and travel within a radius of 100 air miles are exempt from this recordkeeping obligation.

Leading Causes of Truck Accidents in Manhattan

There are many factors that can lead to auto accidents involving tractor-trailers, big rigs, or other large commercial vehicles. However, more often than not, truck crashes result from human negligence, be it the fault of the truck driver, another motorist, the trucking company, or other parties involved. If we are to summarize the leading causes of Manhattan truck accidents, the list will include:

Failure to Comply with Traffic and Road Signs

New York City features a wide array of hazardous locations for trucks; we’ve already mentioned some above, including sharp turns, elevated railways, low bridges, narrow streets, tunnels, etc. Needless to say, for each and every hazardous location there are at least a few traffic signs, some of them even prohibiting the access of large trucks. If a trucker ignores or simply fails to acknowledge any of these signs, not only do they break the law, but they also create grounds for devastating accidents.

Breaking Other Crucial Traffic Rules

Speeding, failure to yield the right of way, and running red lights are causes of truck accidents in Manhattan pretty high on the list. These are all elements of reckless or aggressive driving. Paired with ignoring traffic signs they can lead to serious truck accidents.

Distracted Driving

It is no news that smartphones and other smart devices are a leading cause of distracted driving worldwide. Checking messages, using apps, or making calls while behind the wheel can divert a trucker’s attention from the road. However, for truckers, it’s not just their smartphones that can enable them to take their eyes off the road; it’s other devices as well. GPS units, ELDs, CB radios, cameras, and other devices that are necessary for navigation can also be extremely distracting and lead to accidents.

Drunk Driving

Although it is considerably rarer for truck drivers than for other motorists to drive under the influence of alcohol or drugs, there still are cases of this sort every year in Manhattan, NYC, and US-wide.

Drowsy Driving

As we’ve mentioned above, there are strict rules for truckers when it comes to their duty hours. However, not everyone can sleep on command and fatigue can accumulate. An unrested truck operator can have slower reaction times, impaired decision-making, and may even sleep at the wheel, leading to accidents.

Weather Conditions

Harsh winters bring snow and ice, reducing road traction. Heavy rain can lead to hydroplaning. Fog and low visibility compound risks. This being said, truck operators must exercise extreme caution and adapt driving habits to these conditions to prevent accidents on the state’s diverse roadways.

As a short conclusion here, understanding the leading causes of truck accidents in Manhattan is crucial for promoting road safety in this densely populated urban environment. Negligence, whether on the part of truck drivers, other motorists, or even the trucking companies, remains a persistent risk factor. Vigilance in adhering to traffic rules, combating distracted driving, and addressing issues such as drunk and drowsy driving are essential steps toward preventing accidents. Moreover, adapting to challenging weather conditions underscores the need for truck operators to prioritize caution and responsible driving practices, ensuring safer roads for everyone navigating the diverse landscapes of Manhattan.

How Do Attorneys Prove Liability in Truck Accident Cases?

While each accident case presents its own distinct challenges, there are fundamental prerequisites for establishing liability that need to be satisfied. It is imperative to demonstrate that the defendant failed to fulfill their obligation of exercising reasonable care toward the plaintiff and that this breach of duty directly resulted in the plaintiff’s truck accident injuries. To substantiate these components, a Manhattan NY truck accident lawyer might collect tangible evidence, such as police reports, traffic camera footage, and medical records. Additionally, the attorney may conduct interviews with eyewitnesses, as their statements can potentially validate the plaintiff’s assertions.

Your truck accident attorney will scrutinize any potential instances of negligence or recklessness attributable to the defendant. For instance, police reports might reveal instances where the truck operator was exceeding speed limits, tailgating, or disregarding traffic signals. In a truck accident lawsuit, additional parties, like the trucking company or the manufacturer of truck components, could be implicated as defendants. Internal records from the defendant or defendants may also be analyzed by your truck accident lawyer to assess their liability.

Examples of Negligence in Truck Accident Cases

Truck accident cases are very different from passenger car accident cases due to many reasons. One of the reasons is that multiple parties can be held liable due to negligence. For example, in a truck accident case, negligence can be attributed to the driver, the manufacturer of the truck, the manufacturer of certain parts of the truck, the cargo loading company, and other parties. So, here are a few examples of negligence in trucking accident cases, and the parties that hold the most liability.

Reckless Driving

There are many forms of reckless driving in which a truck driver can engage. Speeding, not yielding the right of way, swerving and cutting in and out of lanes, and running red lights, are some of the most common examples. In a case like this, liability usually falls on the driver. Also, a skilled truck accident lawyer should be able to prove negligence, as trucks are equipped with all kinds of devices that monitor the activity of the driver during the accident.

Improper Truck Driver Screening

Negligence for trucking companies often stems from inadequate truck driver screening procedures. Failing to rigorously assess the qualifications and history of potential drivers can have dire consequences. It opens the door to hiring individuals with poor driving records, insufficient training, or a history of substance abuse, putting not only the company’s reputation at risk but also the safety of the public. Negligence in this context can result in catastrophic accidents, leading to serious truck accident injuries, property damage, and costly legal repercussions.

Poor Driver Training

Inadequate driver training is a clear manifestation of negligence on the part of trucking companies. When these companies fail to provide comprehensive and proper training to their drivers, they jeopardize not only the safety of their employees but also that of the general public. Insufficient training can lead to a lack of essential skills and knowledge, increasing the likelihood of accidents, injuries, and property damage. In such cases, the trucking company may be held liable for negligence, bearing the legal and financial consequences of their failure to adequately prepare their drivers for the challenges of the road.

Improper Truck Maintenance

In this case, negligence can fall either on the truck operator or the trucking company, depending on various circumstances. First of all, truck drivers must carefully inspect their trucks before each run. They must verify the functionality of taillights, headlights, breaks, windshield wipers, and other components, to make sure that the truck is ready for the road. If they detect any problems, they may be required to cancel the run, and they have to report the problem to the trucking company so that necessary repairs are taken care of.

Second of all, trucking companies must keep a strict schedule for maintenance to ensure that all their trucks are in good condition. Unfortunately, many trucking companies postpone the necessary routine maintenance, or ignore the truckers’ maintenance recommendations, and this can lead to truck accidents. This is without a doubt a form of negligence and the trucking company can be held liable.

Unsafe Loading Practices

In many cases, trucking companies load their trucks themselves; they have employees tasked with loading and securing the cargo in their trucks, as well as with inspecting the loads. So, in this case, if it is determined that the unsafely loaded cargo has led to a truck crash, the trucking company can be held responsible. However, there are instances when cargo loaders aren’t part of the trucking company, so in such instances, the fault may be attributed to them and not the trucking company.

What Damages Are Available to Truck Accident Victims in Manhattan?

Before we point out the types of damages that Manhattan truck accident victims may recover, there are two other pretty important aspects to note relating to this matter. These are New York’s comparative negligence rule and no-fault insurance rule.

New York’s Comparative Negligence Rule

In New York, the Comparative Negligence Rule plays a pivotal role in truck accident cases. This tort principle allows the court to assess the degree of negligence contributed by each party involved, affecting the amount of damages a plaintiff can recover. When a truck accident occurs, and the injured victim is found partially at fault due to their actions, the court allocates a percentage of fault to both the plaintiff and the defendant. For example, if the court assigns 75 percent fault to the defendant and 25 percent to the plaintiff, the plaintiff’s recoverable damages are limited to 75 percent of the total. The comparative negligence rule ensures a fair and proportionate distribution of liability in truck accident claims.

New York’s No-Fault Insurance State Rule

Since New York adheres to the No-Fault Insurance Rule, this applies to truck accidents. This means that truck accident victim must initially seek compensation from their own insurance policies, irrespective of fault. Nevertheless, if they meet the serious injury threshold, they can pursue the at-fault party for damages not covered by their insurance. This threshold ensures that in cases of severe injuries or significant financial losses resulting from a truck accident, victims can seek additional compensation from the responsible party beyond their own insurance coverage.

Two Types of Damages – Economic & Non-Economic

Truck accidents can lead to a broad spectrum of damages for victims; they can be categorized as economic and non-economic. Economic damages refer to quantifiable financial losses. The list includes medical expenses, property damage, lost wages, and future earning capacity. These always have a pretty clear monetary value and thus, they are easy to calculate.

On the other hand, non-economic damages are more subjective and include intangible losses. A few examples in this direction would be emotional distress, pain and suffering, loss of enjoyment of life, and loss of companionship. Determining the exact value of non-economic damages can be challenging, as they don’t have a fixed price tag. These often require the expertise of truck accident attorneys and the consideration of various factors to arrive at a fair compensation amount. Victims of accidents involving large trucks often pursue both economic and non-economic damages to address the full scope of their losses and suffering.

Contact Hill & Moin – Manhattan Truck Accident Lawyers Who Care!

At Hill & Moin, our business is obtaining compensation for victims of serious traffic accidents. Our seasoned truck accident attorneys are committed to your best interests and to getting you the compensation you need and deserve to move on with your life. You might be entitled to medical expenses and lost pay. Additionally, you can be entitled to damages for pain and suffering, damages for loss of companionship, and punitive damages, based on the circumstances of your case and the extent of the injuries. We manage personal injury cases on a contingency fee basis; if we do not obtain compensation for you, you owe us nothing.

Our Manhattan truck accident lawyers care deeply about the people we help. In fact, many of our clients have said that when you choose Hill & Moin LLP to represent you, it’s like having “a lawyer in the family.”

Join the family! We offer all potential clients a free consultation. Complete the contact form or call us today at (212) 668-6000 to learn more about your Personal Injury Recovery SolutionsⓇ.

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