Have you been seriously injured in a New York truck accident or lost a loved one in a crash with a commercial vehicle? The NYC trucking accident lawyers at Maggiano, DiGirolamo & Lizzi offer free consultations. We know the complexities of truck accident litigation, and we will explore all of your options to get you the compensation you deserve.
Our attorneys have over a century of combined experience representing the victims of accidents involving NYC trucking accidents. Contact Maggiano, DiGirolamo & Lizzi at (212) 543-1600 today for a free consultation. Our New York City trucking accident lawyers serve clients throughout the five boroughs and other areas of New York.
How Do I Find a Good New York Truck Accident Lawyer?
There is no substitute for experience. This is especially true when you or someone you love has been involved in a trucking accident.
Most people don’t think about hiring a lawyer until they need one. When they do, it is difficult to know where to start. Some of the most common ways to find a truck accident attorney include:
- Asking friends and family for recommendations
- Searching online
- Reading online reviews
To be sure, you can find a capable lawyer by taking these steps. Generally, it is best to consult multiple attorneys before deciding which one to hire. Important questions to ask include:
- What percentage of your cases involve trucking accidents?
- Have you handled many truck accident claims like mine?
- What results have you achieved in truck accident claims?
- Do you think I have a viable truck accident case? How much is it worth?
- How are your fees structured? Will I be required to pay anything upfront or before the case is over?
All of this information is important to consider before you come to a decision on which lawyer or law firm should handle your truck crash claim. However, going into your search “blind” can be time-consuming and leave you feeling uncertain about which attorney to choose.
Consider the following to see if Maggiano, DiGirolamo & Lizzi is the right firm for you after a trucking crash:
Truck Accident Experience in New York
Few attorneys have the depth and breadth of experience with trucking accident litigation that we have. Our partner attorneys have made trucking cases a priority throughout their decades of legal practice:
Together, our partners have been handling trucking accident claims for more than 100 years. This extensive experience encapsulates not only countless settlement negotiations with high-powered insurance companies but many trials where we have successfully held truck drivers, trucking companies, and other parties accountable for negligence and wrongdoing.
Truck Accident Results
- $6.2 million for a commercial truck driver disabled after a crash which resulted in a traumatic brain injury
- $5 million for a family injured by a truck making an improper turn
- $2.8 million for a man who suffered serious knee injuries when a truck pulled out in front of him
- $2 million for a motorcyclist who suffered severe leg injuries in a crash with a rented box truck
- $1.478 million for an off-duty policeman when a tractor-trailer crashed into the door of his personal vehicle
- $1.067 million for a female truck driver who was injured in a multi-vehicle crash, ultimately developing fibromyalgia
- $1.061 million for a man who suffered injuries to his arm, back, and knee (as well as PTSD) after being hit by a tow truck
- $450,000 for a mother and her sons who were rear-ended by a semi-truck
Claims involving semi-truck collisions are notoriously difficult to win. Many lawyers make the mistake of handling a truck accident like any other type of auto crash. In reality, these cases are significantly more complex – especially when it comes to arguing the case before a jury.
You need to know that the truck accident lawyer you choose recognizes the unique challenges and issues and has the experience, knowledge, and tenacity to fight on your behalf. Our award-winning trial attorneys embody these qualities, enabling us to achieve outstanding results on behalf of trucking accident victims.
Truck Accident Local New York Knowledge
At Maggiano, DiGirolamo & Lizzi, we know how the high rate of semi-truck traffic on major commercial routes like Interstate 95, Interstate 495, and Interstate 78 can make driving a nightmare. Our New York City office is located in Washington Heights near the George Washington Bridge and the Alexander Hamilton Bridge, so we know firsthand how often 18-wheelers are involved in serious collisions in NYC.
The NYPD recorded 586 crashes involving large commercial vehicles in 2021. Commercial trucks were the third most likely vehicle to be in a collision, accounting for approximately 7% of all motor vehicle accidents in New York City.
Convenience and accessibility are major considerations when choosing a truck accident lawyer. But, in addition to looking for attorneys near you, it is of the utmost importance to ensure that the lawyer or law firm has an in-depth familiarity with local roads, courts, and applicable laws – as well as the federal regulations that govern commercial trucking.
For a free legal consultation with a lawyer serving New York City, call (201) 585-9111
Who Is Liable for a Truck Accident?
One of the biggest differences between a collision with an 18-wheeler and other types of vehicle accidents is the fact that multiple parties may be liable. It is crucial for your truck accident attorney to investigate and determine all of the individuals, companies, and other parties whose negligence led to the crash.
Some of the parties commonly held liable for trucking accidents include:
The truck driver is the first person whose conduct needs to be scrutinized in determining how the collision happened and who is at fault. Many different actions can constitute negligence on the part of a truck driver, including:
- Reckless driving (e.g., running red lights and stop signs, disobeying other traffic signs and signals, failure to check blind spots, etc.)
- Aggressive driving (e.g., following other drivers too closely, cutting off other vehicles in traffic, etc.)
- Overly wide turns
- Distracted driving
- Being late, in a rush, or getting lost
- Lack of sleep
- Failure to inspect the truck and the cargo before driving
- Driving while under the influence of alcohol or drugs
Some instances of carelessness on the part of a truck driver are isolated incidents with horrific consequences. In other cases, however, truck drivers who cause crashes are part of a larger and more alarming trend reflective of the trucking industry’s consistent emphasis of speed and profits ahead of safety.
Although the actions of the truck driver are the most obvious place to look when investigating a tractor trailer accident, it is also extremely important to consider the role of the trucking company. If the driver is an employee of the carrier, the trucking company can be held responsible for damages through a legal concept known as vicarious liability.
Vicarious liability is the legal responsibility of a party in a position of power (i.e., a trucking company) for the wrongful acts of a subordinate (i.e., a truck driver). If an employee’s negligence or misconduct in the course of his or her employment results in an injury, the employer is vicariously liable for damages.
Direct negligence on the part of the trucking company also exposes the carrier to liability for accidents. Some of the most common examples of trucking company negligence include:
- Failure to hire drivers with the necessary licensing, qualifications, and safe driving record
- Not training or retraining truck drivers in the company’s employ
- Failure to inspect, maintain, and repair trucks under the company’s control
- Pushing truck drivers to exceed the hours of service regulations established by the Federal Motor Carrier Safety Administration (FMCSA) to reduce the incidence of accidents caused by operator fatigue
- Failure to screen drivers for drug abuse
- Disregarding medical examination requirements for drivers and ignoring disqualifying conditions
Ultimately, commercial carriers are responsible for following all state laws and federal regulations that pertain to their operations. The rules are extensive, but they are designed first and foremost with public safety in mind. When trucking companies violate these rules, innocent motorists are typically the ones who suffer the greatest harm.
Truck and Parts Manufacturers
The average commercial 18-wheeler is 53 feet long and can weigh up to 80,000 pounds when it is fully loaded. Proper design is essential for trucks. In addition, the parts need to be designed and manufactured so trucks can operate safely when hauling heavy loads.
One of the most important steps in any truck accident claim is preserving the truck and the trailer. Expert inspection may reveal that the crash was caused by a failure of one or more parts. If this is the case, the manufacturer of the truck and/or the faulty part can be held liable for injuries and damages you sustain in the collision.
The FMCSA maintains extensive rules for the loading and securement of cargo. When shipping companies fail to abide by these rules, cargo can shift during transit or spill out into the roadway. Either of these situations can lead to serious accidents.
Inspection of the trailer and review of the driver’s logs may reveal negligence on the part of the truck driver, the shipping company, and/or the carrier. Any and all of these parties can be held liable if they fail to secure the cargo and this in turn causes an accident (either between the semi and another vehicle or where the driver collides with cargo that fell off of the truck).
Truck Mechanics and Maintenance Companies
Commercial carriers have a duty to maintain the trucks in their fleet. This job is generally performed by an in-house fleet services division of the company or by a third-party mechanic or maintenance business.
Errors on the part of a mechanic or maintenance company can cause parts on the truck to fail or serious issues to go unrepaired. By inspecting the truck and company records, a trucking accident lawyer can determine if negligence on the part of the trucking company and/or an outside service provider contributed to the crash.
State and local governments are responsible for roads. Unfortunately, potholes, uneven grading, debris, and other hazards are not always promptly addressed. This is especially true of roads with a high volume of commercial trucks, which tend to degrade much faster.
The risk of accidents increases when roads are unsafe. If a government agency’s failure to maintain the road caused a crash with a semi-truck, you can bring a claim against the government for damages.
Truck drivers are not the only ones who make serious mistakes behind the wheel. Some crashes occur because the driver of the 18-wheeler is trying to avoid a collision with another motorist. Unfortunately, the massive size of big rigs means that evasive action to avert one accident can lead to the semi-truck inadvertently hitting another vehicle.
Proving that another driver started the “chain reaction” that ultimately led to your injuries can be difficult, especially if the first crash was avoided. A truck accident lawyer will fully investigate to identify any additional at-fault parties.
Personal Injury Lawyer Near Me (201) 585-9111
What Is My New York Truck Accident Claim Worth?
The value of your case after a trucking accident depends on the losses you have sustained. Injuries in these cases tend to be much more severe than in other types of crashes. As such, a substantial amount of compensation is often on the line.
A New York City truck accident lawyer will fully evaluate the damages in your claim and fight for a favorable result on your behalf. You may be entitled to recovery for the following:
- Medical expenses for treatment of injuries following the semi-truck crash
- Costs associated with ongoing medical care and rehabilitation
- Lost wages
- Loss of earning capacity
- Expenses you pay out of pocket, such as the cost of traveling for medical care, hiring household help, modifications to your vehicle and home, etc.
- Damage to your personal property (including your vehicle and other items)
- Pain and suffering
- Mental and emotional distress
- Scarring and disfigurement
- Loss of your quality and enjoyment of life
If your loved one was killed in a collision with a tractor-trailer, a truck accident attorney can pursue compensation on behalf of your family through a wrongful death claim. Damages you may be able to recover for wrongful death as a result of a deadly collision with a big rig include:
- Funeral expenses
- The cost of burial or cremation
- Lost wages and economic support
- The cost of medical care provided to your loved one before his or her death
- Loss of support and services
- Your relative’s conscious pain and suffering prior to death
Punitive damages may also be recoverable in truck accident claims involving personal injury or wrongful death. Unlike the economic and non-economic damages described above, punitive damages are only awarded if the evidence shows that the misconduct of the defendant(s) was intentional or constituted gross negligence.
The majority of personal injury cases do not meet the threshold for a punitive damages award. Nevertheless, it is important to explore all of the potential compensation in your truck accident claim.
What Are the Most Common Injuries in Truck Accidents?
Basic physics accounts for the majority of 18-wheeler crashes where the truck driver is at fault. Unsafe operation negatively affects the driver’s visibility, compromises the ability to maintain a safe stopping distance, and more.
Physics also explains why the outcome of a truck crash is typically so much worse for the people in passenger vehicles than it is for the truck driver. In a collision, the occupants of the car are subject to a much greater force. This can lead to a wide range of serious injuries, including:
- Traumatic brain injuries
- Injury to the face, including the eyes, nose, mouth, and jaw
- Whiplash and other trauma to the neck
- Trauma to the back
- Spinal cord injuries
- Broken bones
- Soft tissue damage
- Amputation injuries
- Internal bleeding and organ damage
- Severe burns
Semi-truck accidents also carry a high probability of fatality. Motorists are much more likely to die in an accident with a commercial truck than they are in a collision with a smaller vehicle.
Complete a Free Case Evaluation form now
What Our New York Truck Accident Lawyers Can Do for You
Truck accident litigation is a highly specialized area of law. Victims who try to handle the case on their own are likely to end up with a fraction of the compensation they deserve or, even worse, nothing at all.
Don’t let this happen to you. The veteran trucking accident attorneys at Maggiano, DiGirolamo & Lizzi can assist you with multiple aspects of your case:
- Investigating the cause of the crash and determining who is at fault
- Collecting evidence of negligence or wrongdoing on the part of the truck driver, carrier, etc.
- Reviewing your medical records and consulting your doctors and other medical experts to understand your injuries and how they impact your life
- Hiring experts in commercial trucking, engineering, accident reconstruction, biomechanics, and other specialized fields to provide testimony
- Calculating the damages in your case
- Determining the available insurance coverages
- Submitting demand letters to all of the defendants (or filing a complaint directly with the appropriate court)
- Negotiating a favorable settlement on your behalf
- Filing a lawsuit if a settlement is not reached
- Preparing your case for trial
- Moving for the preservation of trucking company records, the driver’s logbooks, electronic data from the truck’s “black box,” the rig and the trailer, etc.
- Reviewing all physical, documentary, and electronic evidence to build your case
- Presenting your truck accident case at trial
It is especially important to have an experienced attorney on your side if your trucking accident case goes to court. Lawyers for the trucking companies, insurers, and other parties know how to argue that the collision was “no one’s fault – just an accident” and win. Plaintiff’s lawyers who are unfamiliar with defense tactics often don’t know how to counter these arguments, and their clients suffer.
At Maggiano, DiGirolamo & Lizzi, we know how to effectively present truck accident cases to a jury. We rigorously prepare every case as though it will go to trial, enabling us to achieve higher settlements and, if the matter does go to court, argue persuasively for the compensation you deserve.
The aftermath of a trucking accident is not something to handle on your own. If you were seriously injured or a member of your family was killed in a collision with a tractor-trailer, you should seek qualified legal guidance as soon as possible.
Maggiano, DiGirolamo & Lizzi handles all claims on a contingency basis. You only pay fees if we recover compensation on your behalf.
Please call Maggiano, DiGirolamo & Lizzi at (212) 543-9630 today for a free case review. Our truck accident lawyers serve clients throughout New York City and other areas of New York.