Queens NY Truck Accident Lawyer

Truck Injury Attorneys
Queens, NY

The borough of Queens is New York City’s largest borough in terms of area and the second-largest in population. Queens boasts an amazingly varied economy, from international finance to small, family-owned storefronts. Queens is home to over two million people from over 100 different countries. People from all over the world pass in and out of Queens through JFK International Airport and LaGuardia Airport, which are both in the borough. Flushing Meadows Park in Queens is one of New York’s premiere sports locations – it is home to the New York Mets and to the U.S. Open Tennis Tournament.

Accidents of kinds will happen in such a fast-paced and densely populated environment. Tens of thousands of business large and small, as well as residents of Queens, require and expect deliveries, which mean trucks will be involved in accidents. Many of them will be life-altering. If you or a member of your family is involved in a serious accident and the other party is to blame, you deserve to be compensated for your injuries and expenses.

Should you or a member of your family be hurt or killed in a truck accident in Queens, NY, you will need an experienced Queens truck accident attorney to recover damages from the party responsible for the accident. Professionals who have years of successful experience getting compensation from truck accident victims can assist you the best.

Where Do Most Truck Accidents Occur in Queens, NY

Queens isn’t exactly the safest borough of New York City; it is actually known for having some of the most hazardous roads and intersections in New York. In 2022, the NYPD recorded over 100,500 vehicle accidents in NYC, out of which over 27,000 happened in Queens. Needless to say, some of these accidents involved large trucks.

It is pretty well-known that the most dangerous roads in Queens are Queens Boulevard, Northern Boulevard, and North Conduit Avenue. Also, here’s a list of the most dangerous intersections in this NYC borough, found on these roads and in other locations:

• Queens Blvd & Jackson’s Ave
• Queens Blvd & Wood Haven Blvd
• North Conduit Ave & 160th St
• North Conduit Ave & 225th St
• Northern Blvd & Parsons Blvd
• Northern Blvd & Union St
• Northern Blvd & Prince Blvd
• 50th Ave & Jackson Ave
• Broadway & 56th Street
• 37th Ave and 99th St (Corona)
• 39th Ave and 111th St (Corona)
• Borden Ave & Van Dam St
• Vermont Pl & Cypress Ave
• Sunrise Highway & Francis Lewis Blvd

Although it may not be entirely possible to avoid these roads and intersections, we strongly advise you to exercise extra caution while traveling in those areas. Maintain a safe distance between your vehicle and the others, be always on the lookout for bicyclists and pedestrians, and of course, don’t break any traffic laws.

Common Causes of Truck Accidents in Queens, NY

There are many circumstances that can lead to a truck accident. Over the past few years, some of the most common causes of truck accidents in Queens were the following:

Distracted Driving

Similar to other motorists, truck drivers often engage in texting, talking on the phone, or using various apps on their phones. Needless to say, a second of inattention can lead to a devastating accident involving multiple vehicles.

Reckless Driving

Reckless behavior among motorists isn’t something new, and unfortunately, truck drivers can also exhibit such behavior. Speeding, not yielding, tailgating, running red lights, or breaking other traffic rules can lead to serious truck accidents.

Intoxication

Having a drink every now and then is perfectly legal. However, when a truck driver needs to operate an 18-wheeler and they are under the influence of drugs or alcohol, the risk of a truck accident is huge. Truck drivers are prohibited under New York laws and federal laws from driving while intoxicated, but unfortunately, some of them ignore these rules.

Fatigue

According to FMCSA, property-carrying truck drivers, or commercial truck drivers can operate their vehicles for 11 hours, but only after 10 off-duty hours. Also, each truck operator must take a 30-minute break when they have driven for a period of 8 hours of driving without at least a 30-minute interruption. Unfortunately, many truck operators ignore these rules, which leads to truck crashes.

Driver Lack of Experience

Novice truck drivers may struggle with handling big rigs. Their lack of experience can take a considerable toll on their decision-making. Insufficient training, unfamiliarity with the roads, or handling specific cargoes can also contribute to the likelihood of an accident.

Poorly Secured Cargo

The Federal Motor Carrier Safety Association (FMCSA) has strict rules in place for commercial truck cargo securement. Sadly, many cargo loaders or trucking companies overlook or deliberately choose to ignore some of these rules. Improperly secured cargo can lead to a truck’s instability, and a devastating roll-over crash or a vehicle collision.

Hazardous Roads

The proper maintenance and repair of roads fall under the responsibility of the New York City municipality. Damaged or improperly maintained roads in Queens and the other boroughs of NYC can lead to all sorts of traffic accidents, including truck accidents. Also, few people realize that in cases where car accidents are caused by road potholes or poorly defrosted roads, they may seek damages from the local municipality. This principle extends to truck accidents as well.

Common Injuries Caused by Truck Accidents in Queens, NY

Due to their exceptional size, tractor-trailers, 18-wheelers, or semi-trucks can cause catastrophic truck accident injuries and damages if they are involved in a traffic collision. The NYC borough of Queens has witnessed a series of truck accidents in the past decade, accidents that led to various injuries. The list includes:

• Traumatic brain injuries
• Cranial fractures
• Broken bones
• Spinal cord injuries
• Eye injuries
• Paralysis
• Burn injuries
• Visceral injuries
• Injured joints
• Cuts and bruises

A wide range of injuries that can result from a truck crash are not included in this list. If you or your loved one has suffered a truck accident, our Queens truck accident attorneys who are familiar with the process of insurance claims can help you get through this difficult time.

Time Limitations for Filing a Truck Accident Lawsuit in New York City

If you were hurt in a truck accident in Queens or one of the other boroughs of New York City, you have three years from the date of the accident to file a truck accident lawsuit. However, if in case you lost someone in a traffic accident involving a large truck, this time limitation changes because the case turns into a wrongful death case. In this instance, the time limitation that applies is only two years.

There are exceptions from the 3-year time limitation rule. For example, if the truck accident victim is a minor, the statute of limitations for filing a suit is tolled until they reach 18 years of age. Once the person reaches this age, the 3-year limit begins.

If a government agency is named as a defendant in a truck accident case, the statute of limitation for filing a truck accident lawsuit is quite shorter. The plaintiff must file a Notice of Claim with the involved government agency; the time limit for this is only 90 days.

Regardless of the circumstances of the truck accident, it is advised to consult a truck accident attorney as soon as possible after the incident. They will make sure you won’t miss any deadlines, help you file your claim, and provide you with all the necessary legal counsel.

Dos and Don’ts After A Truck Accident

Any type of traffic accident can leave you confused and traumatized. Even if you didn’t sustain any serious injuries, the aftermath of the incident can be challenging, leaving you uncertain about the appropriate course of action. Therefore, here are the essential guidelines to follow and pitfalls to avoid.

The Dos

• Seek medical attention. After a vehicle accident, regardless if a truck was involved or not, it is important to prioritize safety. So, if you can, move to a safe location and call medical assistance.
• Call 911. Report the accident to the police and provide details as accurately as you can about the events that took place.
• Exchange information. License plates, insurance information, driver’s license numbers, and car registration information, should be on the list.
• Gather evidence. If you have any means available, take photos from the scene, collect contact information from witnesses, and even write your own report of the crash by writing down the order of the events that took place, road conditions, weather conditions, etc.
• Notify your insurance company. The state of New York does not require you to notify your insurance company after an accident. However, the terms of your insurance contract probably require you to do so. Thus, contact your insurer and report the accident as soon as possible.
• Contact a truck accident lawyer. Especially if you sustained injuries or extensive property damage, it is recommended to talk to a personal injury lawyer that specializes in truck accidents. They can provide all the necessary legal counsel that you need.

The Don’ts

• Don’t leave the scene of the crash. Under New York law, you are permitted to leave the scene of an accident if your intention is to inform the police, seek medical attention, or if remaining at the accident site would pose a safety risk. However, if none of the mentioned circumstances apply, you should remain at the scene until you have exchanged information with the other parties involved.
• Don’t discuss the accident. After completing the police report, the only person to discuss the accident should be a truck accident attorney. Don’t mention anything on social media either.
• Don’t accept blame. Avoid admitting fault or blaming anyone at the scene. Let the evidence speak for itself.
• Don’t record or give any statements. Any statement can be used against you later. Also, avoid being recorded, if possible. Anything from a video or audio recording can be used against you.
• Don’t sign anything. If anyone gives you any papers to sign, refuse to do so immediately. Have it reviewed with a truck accident lawyer first.
• Don’t take any early settlements. An early settlement offer is almost always a low-ball. Avoid it until you consult with an attorney.
• Don’t forego legal advice. Again, especially if you sustained injuries and/or your car sustained extensive damage, consider talking to a truck accident lawyer. They will protect your rights and ensure that you are compensated for your damages and injuries.

Who Can Be Held Liable in Truck Accidents

Truck accidents can be considerably more complex than traffic accidents involving regular passenger cars. That’s because liability can fall on various parties. As a general idea, liability can be shared in various percentages between several parties. These are:

The truck driver. While truck drivers must meet strict requirements, they can still make mistakes while operating their vehicle. They also have the duty to inspect the truck and the cargo to ensure they are safe for the road.

The trucking company. The trucking company or the truck owner can be held liable if they didn’t conduct proper repairs or maintenance to the truck.

The truck driver’s employer. The driver’s employer may not always be the same entity as the truck owner. So, in this case, the driver’s employer may be held liable if they didn’t screen the driver properly, or even pressured them to break important rules and regulations.

The cargo loader. If one of the causes that led to the truck accident was hazardous cargo, the cargo loader can be held liable or share liability for the accident.

The company that maintains and repairs the truck. If the truck owner scheduled and paid for truck maintenance and repairs, but it is established that the truck still malfunctioned due to mechanical issues, the company tasked with the repairs or maintenance can share blame.

The truck manufacturer. This party can be held liable if it is proven that the truck accident was caused due to a manufacturing flaw.

The municipality. Last but not least, the municipality can share liability for a truck accident if the road wasn’t properly maintained.

How Much Does a Queens Truck Accident Lawyer Cost

The majority of Queens truck accident lawyers work with their clients under a contingency fee system. In other words, truck accident victims aren’t obligated to make any upfront payments when hiring their attorney. Also, they are not billed on an hourly basis.

Furthermore, the fees that truck accident attorneys charge are contingent on successfully obtaining compensation for their clients, whether through a settlement or a favorable trial verdict. If the lawyer doesn’t secure any compensation for the client, they will not be entitled to receive fees from the client.

After successfully obtaining compensation for the client, a truck accident lawyer receives a portion of the total recovery as their legal fee. This percentage is agreed upon by both the lawyer and client at the beginning of their relationship through a fee agreement. In Queens and the other boroughs of New York City, the typical arrangement for a personal injury case is 1/3 (33.33%) of the settlement amount.

Contact Hill & Moin LLP – The Queens Truck Accident Lawyers Who Care

The Queens personal injury attorneys at Hill & Moin are professionals at obtaining maximum compensation for victims of serious traffic accidents, including truck accidents. Our seasoned attorneys are committed to your best interests and to getting you the compensation you need and deserve. 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 truck accident cases on a contingency fee basis; if we do not get compensation for you, you owe us nothing.

Contact the New York law office of Hill & Moin LLP to schedule a free consultation with us regarding your potential truck accident lawsuit. Our team members can listen to and guide you without pressure or obligation. Many clients have said having our firm represent them feels like having “a lawyer in the family.”

Join the family. Complete the contact form or call us today at (212) 668-6000 to learn more about your Personal Injury Recovery SolutionsⓇ.