New York Truck Accident Attorneys Proudly Serving the Bronx
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 Bronx 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 the Bronx
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:
- Michael Maggiano – 48 years
- Christopher DiGirolamo – 29 years
- Michael Lizzi – 31 years
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
Maggiano, DiGirolamo & Lizzi has achieved millions of dollars in verdicts and settlements for our clients in truck accident claims.
Verdicts and Settlements
$2,800,000 - Trucking Accident
A man who suffered serious knee injuries when a truck pulled out in front of him
$5,000,000 - Trucking Accident
Recovery to a husband, wife and four children as a result of a tractor trailer making an improper turn into the right of way of the family SUV in which the husband was operating with wife in the front passenger seat and four children secured in the rear seat compartment area.
$450,000 - Trucking Accident
A mother and her 3 sons traveling to NY with a car rental from Hertz, the car began to act up and loose power. The mother called Hertz for help and was told they didn’t provide road side assistance but that she should head to their nearest location for further help, that was about 25 miles from her location. She couldn’t go more than 25-30 miles per…
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 Bronx 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. We understand 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.
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:
Truck Drivers
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:
- Speeding
- 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.
Trucking Companies
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.
Shipping Companies
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 Bronx trucking accident lawyer can determine if negligence on the part of the trucking company and/or an outside service provider contributed to the crash.
Government Entities
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.
Other Drivers
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. Our Bronx truck accident lawyers will fully investigate to identify any additional at-fault parties.
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
- Disability
- 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.
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.
Mr. Michael Maggiano is an outstanding attorney who uses his many years of experience and wisdom to put forth a solid representation of his client. In my particular case, Mr. Maggiano showed compassion, caring, and commitment in order to bring about a successful resolution involving a local municipality. My case seemed to be unique in that it’s not often that there is a successful pursuit of justice when a municipality is involved. I was lucky to find Mr. Maggiano through the recommendation of other outstanding attorneys, and he certainly measured up to every expectation. Mr. Maggiano’s thoroughness and drive to seek a justifiable agreement in my favor cannot be under-stated; he met with me and my husband day or night, weekend or weekday; he always gladly returned calls and emails promptly. The devotion Mr. Maggiano and his staff displayed to us made us feel that we were his sole priority; simply stated he makes you feel special. While being reassuring and kind, Mr. Maggiano leaves no stone unturned in his research, preparation, and presentation. His vast knowledge works to his client’s advantage, and he is revered by fellow attorneys and judges in New Jersey and New York.
In addition, the staff at Maggiano, DiGirolamo, and Lizzi always represented the highest caliber of professionalism. Office staff, legal assistants, and the firm’s attorneys were always diligent while being respectful, polite, and caring. It is without hesitation that I give Mr. Maggiano my highest praise and recommendation.
Joseph Maggiano is an excellent person to seek when you have any type of legal issue. He is attentive, knowledgeable and takes his time to explain the process. He is such a nice and pleasant person to deal with. I highly recommend him and his law office for your legal advice!
We hired Chris DiGirolamo as our attorney after Mike suffered a life changing injury at work. From the time we met Chris we felt we can trust him to work in the best interest for Mike’s needs. Chris is very down to earth and we felt comfortable whenever we met with him. He spoke to us so we always understood what was going on. He never threw around legal jargon that we would not be able to understand. He was always willing to ensure we knew exactly how our case was proceeding. Chris showed humanity in dealing with Mike’s Injuries and understanding of Mike’s unwillingness to accept some of the changes in his life.
Chris’s high level of energy and desire to bring a case to the best possible results were evident from day one. Our case was settled but of court with the help of a mediator and Chris was by our side explaining what was going on every step of the way. His preparation throughout the case was evident as he spoke before the mediator. It was a pleasure to watch. Chris at work and know he was working for us. He is tough and stubborn when necessary. We were also impressed by the respect shown to Chris by the retired judge we worked with as well as other lawyers. Chris was only happy with this case when he knew we had a settlement that we were very impressed with.
Frequently Asked Questions
What Should I Do After a Truck Accident?
If you’re injured in an 18-wheeler accident in New York, the next steps you take can have a big impact on your well-being and your legal rights. We know it is scary and shocking to be involved in a truck crash. But here are some basic steps to take that could safeguard your physical and financial health:
- Get To Safety! If possible, move to safety and check for injuries. Call 911 to report the accident and get medical assistance.
- Get Medical Care. Even if you don’t think your injuries are severe, you need medical care. Some injuries may not be apparent immediately, but if you don’t have documentation, securing compensation in the future will be a struggle.
- Document What You Can. If it is safe and you are able, take photos and video of the accident scene, vehicle damage, license plates, injuries, and anything else of value.
- Exchange Information. Again, if you can, exchange details with the truck driver and anyone else involved, including names, contact information, driver’s license numbers, insurance details, and more. If you are unable due to your injuries, you can request a copy of the accident report and/or work with an attorney who can investigate on your behalf.
- Speak with Witnesses. If there are witnesses, try to get their accounts of the accident and contact information.
- Notify Your Insurance Provider. Let your insurance company know about the accident as soon as you can. However, be cautious about making any statements before you’ve consulted a Bronx truck accident lawyer.
- Contact a Truck Accident Attorney. Truck crashes can involve complicated liability issues. Working with a lawyer familiar with truck accident claims can help ensure you are on the right track to the compensation you deserve.
After a truck accident, take as many of these steps as you can. But remember, your health and well-being are always the priority. First, make sure you are safe. Then, get justice.
How Do I Report a Truck Accident in NYC?
Reporting a truck accident properly can be imperative to your claim. Therefore, it is important to comply with the law and the requirements of your insurance company. Take the following steps:
- Call 911 Immediately! Report the accident to law enforcement. They will come to the scene, assess the situation, and create an official report that you can use as evidence in your claim.
- File a Report with the DMV. New York State law requires that you file an accident report with the Department of Motor Vehicles (DMV) within 10 days if the crash results in an injury, death, or more than $1,000 in property damage. Failing to do so could mean the suspension or revocation of your license.
- Notify Your Insurance Company. Contact your insurance provider to inform them about the crash as soon as possible. Remember not to admit fault or make a statement until you’ve consulted with a Bronx truck accident attorney.
How Serious Are Truck Accident Injuries?
Due to the sheer size and weight of 18-wheelers, truck accidents are often severe and life-changing—if not fatal—and the force of impact can lead to catastrophic injuries. Victims may need long-term medical treatment and physical therapy, which is a major reason why compensation in truck accidents tends to be much higher.
If you have been injured in a truck accident, you’ll want the assistance of a capable and dedicated attorney. Your lawyer can help you shoulder the legal burden while you focus on getting back on your feet.
Do I Have To Prove Negligence To Win My Truck Accident Case?
Yes, to win a truck accident case, you will most likely need to prove negligence. You must show that the truck driver, trucking company, or another party failed to act with reasonable care and that led to the accident and your injuries.
You must establish that the at-fault party had a duty to safety on the road, that they breached that duty by their actions or inaction, and that their negligence directly caused your injuries. This feat can often be tricky. However, having an experienced truck accident lawyer on your side can make a huge difference in the outcome of your claim.
What If I Am Partially At Fault for My Truck Accident?
Even if you are partially at fault for a truck accident, you may still be eligible to recover compensation under New York’s comparative negligence law. Should you be found partly responsible for an accident, your compensation would be reduced by the percentage of fault attributed to you.
For example, if you are found to be 30% responsible for the crash and your damages totaled $1 million, your recovery would be reduced by $300,000. For this reason, it is even more important to consult an attorney as they can fight to ensure you are not assigned any more responsibility than is just.
How Much Are Most Truck Accident Settlements?
Though truck accident settlements are often much higher than those in other motor vehicle accidents, they vary widely depending on the circumstances. Most settlements will take into account several factors, including:
- Severity of injuries
- Medical expenses (past & future)
- Lost wages
- Loss of earning capacity
- Property damage
- Pain & suffering
- Level of negligence involved
Consulting with a truck accident lawyer in the Bronx will help you get a better idea of what size settlement would be appropriate in your situation.
What Is the Longest a Truck Accident Settlement Can Take?
It is also difficult to estimate the time it will take for your truck accident claim to settle. Each case is so different, and even with the details, it can be difficult to approximate. Several factors that can influence the timeline of your claim include:
- Complexity of the case
- Severity of injuries and length of medical treatment
- Amount of evidence to be assembled
- Whether expert witnesses are needed
- Willingness of insurance companies to negotiate and settle
- Whether the case must go to trial
However, working with a skilled attorney will always help speed up the process and relieve the pressure so you can focus on healing.
What Is the Statute of Limitations on Truck Accident Lawsuits?
The statute of limitations for filing a truck accident lawsuit in the Bronx is generally 3 years. This may seem like a generous amount of time to get your claim together, but don’t underestimate what it takes to build a strong case or how long insurance companies can drag their feet.
It is always best to move swiftly when pursuing the compensation you need and deserve after a truck crash. Consult a Bronx truck accident attorney to understand your options and gain guidance on what you can do to help strengthen your claim.
Contact a Bronx New York Truck Accident Lawyer Today
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, the Bronx, and other areas of New York.
