New York Truck Accident Lawyer

Big rig truck accidents can leave victims with devastating injuries. However, you don’t have to endure it alone. Contact the experienced New York truck accident lawyer at Greenspan & Greenspan today for a free consultation.

In 2022, over 17,000 truck accidents occurred across New York. These accidents led to 118 deaths and thousands of injuries. Truck accident injuries are often severe and have life-changing consequences.

Greenspan & Greenspan Injury Lawyers can help fight for your rights if you are the victim of a truck crash. Our personal injury firm has over 30 years of experience helping New Yorkers get fair compensation for their injuries. Contact us today to discuss your case with a New York truck accident lawyer.

Your Rights After a Truck Accident

Under New York negligence laws, you have the legal right to seek compensation after a crash. Negligence is the failure to act with the care a reasonable person would exercise. In simpler terms, it means the truck driver or company didn’t do what they should have to keep you safe.

To prove negligence in a truck accident case, your commercial truck accident lawyer will need to establish the following elements:

• Duty of care. The liable party owed you a duty to act safely while the truck was on the road.
• Breach of duty. The at-fault party’s action or inaction breached this duty and put you at risk.
• Causation. The breach of duty directly caused your accident and injuries.
• Damages. You suffered damages from the accident, such as physical injuries, financial losses, or emotional harm.

If you can prove these elements, you may have the right to seek compensation from the liable party for your losses. Call our office to speak with an 18-wheeler accident attorney and see how we can help.

What Steps Should You Take to Prove Negligence and Preserve Evidence? 

Our truck accident attorneys in New York understand the critical nature of preserving evidence.  A crucial first step we take is promptly sending the trucking company a comprehensive spoliation letter, demanding that they preserve all forms of evidence related to the accident that they would otherwise routinely destroy. This evidence can include the following.

Electronic Logging Devices (ELD) and Log Books

The careful analysis of electronic logging devices (ELDs) and driver log books is critical to investigating a trucking accident. Federal Motor Carrier Safety Administration (FMCSA) regulations require most commercial motor vehicle (CMV) drivers to utilize ELDs to accurately record their duty status and compliance with the hours-of-service (HOS) rules. Our legal team examines these records for key pieces of information:

• Duty status records. The ELD records provide a precise, timestamped account of a driver’s activities.
• The 11-hour driving limit. A central focus of our investigation is identifying violations of the HOS rules, particularly the 11-hour driving-time limit. 
• Corroborating evidence and falsification. Driver logs, even those generated electronically, can be intentionally manipulated or falsified. To uncover potential fraud or error, our attorneys compare the ELD data with fuel receipts, toll records (E-ZPass), and GPS data.
• Identifying systemic violations. Beyond simple fatigue, discrepancies in these records can reveal systemic patterns of non-compliance by the trucking company, such as pressuring drivers to violate HOS rules to meet tight delivery schedules. 

By conducting this deep-dive audit into the digital trail, our attorneys transform raw data into undeniable proof of driver fatigue or corporate negligence.

Event Data Recorder (EDR) Black Box Reports

Commercial vehicles contain an EDR that captures technical data in the seconds leading up to a crash. We look for:

• Speed at impact,
• Brake application or lack thereof,
• Engine RPMs and throttle position, and 
• Steering angles.

EDRs vary in their design, scope, and complexity. They contribute significantly to highway safety by collecting real-world data, which helps in better understanding auto safety problems, assists law enforcement, and provides crucial insight into the specific mechanics of a crash.

Driver Qualification Files (DQF)

A motor carrier must maintain a file for every driver it employs. We look for red flags indicating negligence, such as a history of reckless driving, failed drug tests, or a lack of a valid Medical Examiner’s Certificate. 

By immediately issuing a spoliation letter, we establish a firm legal obligation that prevents the trucking company from destroying, altering, or losing this invaluable proof. This proactive approach significantly enhances our ability to investigate negligence, reconstruct the accident, and build a strong case on your behalf.

What Is the Statute of Limitations in New York?

In New York, the statute of limitations for filing a personal injury lawsuit is three years from the date of the accident. If the claim is for wrongful death, you have two years from the date of the individual’s death to file your lawsuit.

These deadlines are strictly enforced. If you fail to initiate your legal action within these specific windows, the court will likely dismiss your case, permanently stripping you of your right to seek compensation. 

While three years is the general deadline for personal injury claims, several exceptions apply. If your accident involved a government-owned vehicle, such as a NYC sanitation truck, the rules change. You must file a notice of claim within 90 days of the accident. The actual lawsuit must typically be commenced within one year and 90 days of the accident. Missing the 90-day administrative deadline usually results in an immediate and permanent bar to recovery.

If the victim is under 18 at the time of the crash, New York law may toll the statute of limitations. In these instances, the clock typically does not begin to run until the individual reaches their 18th birthday.

Common Causes of Truck Accidents

Truck accidents happen for a host of reasons. Some of the most common causes include:

• Driver fatigue. Truck drivers often work long hours with strict deadlines, leading to fatigue. Drowsy driving impairs judgment and slows reaction times.
• Distracted driving. Texting, eating, or using GPS devices can distract a driver from the road and increase the risk of an accident.
• Speeding. Speeding factors into 29% of all traffic accidents. A speeding truck is harder to control and usually increases the severity of a crash.
• Improper maintenance. Trucks require regular upkeep, but some companies fail to make the proper repairs. Brake failures, tire blowouts, or other mechanical issues can cause devastating accidents.
• Overloaded or improperly secured cargo. If a truck’s cargo is too heavy or not properly secured, it can shift during transport, causing the truck to lose control.
• Aggressive driving. Tailgating, weaving in and out of traffic, or making unsafe lane changes significantly increases the risk of an accident.
• Driving under the influence. Driving after using alcohol or drugs is dangerous for any driver, but especially so for those operating large commercial vehicles.

Proving these causes is difficult, especially if the truck driver or trucking company tries to hide evidence. Greenspan & Greenspan is ready to investigate your crash and determine its true cause.

Dangers and Risks of Truck Accidents 

If you have never been a professional truck driver, it is easy to forget how different a large truck is compared to a car. A good New York 18-wheeler accident lawyer knows the factors that make trucks particularly dangerous.

Blind Spots

Large trucks tend to have large blind spots. Even if a mirror or camera covers every angle, the driver can easily forget to check one of the mirrors or screens. Then, without slowing down, they hit whatever is in their blind spot. In blind spot situations, it can also take the truck driver a little longer to react to remedy the situation because they aren’t immediately sure where the problem is happening.

Jackknifing

Anything pulling a trailer, especially an 18-wheeler, can jackknife. Jackknifing is when the trailer swings out and creates a “V” with the cab. Jackknifing is notorious for causing multi-car collisions.

Rollovers

Large trucks, especially loaded ones, tend to be top-heavy. Bad weather, going too fast, and improper loading can all cause a truck to roll over. Turck rollovers can cause very serious damage to other people on the road.

Lost Loads

Trucks are made to carry things. Unfortunately, sometimes they lose the things they are carrying. When this happens while speeding down an interstate or even on a quieter road, the damage can be enormous. Gravel, lumber, trash, or any number of things can fall off a truck and become projectiles.

What Types of Trucks Are Involved in Accidents?

When people think of a truck accident, they usually think of an 18-wheeler on the interstate. But truck accidents are not limited to 18-wheelers; a New York truck accident lawyer handles a lot of different cases. Sometimes a case involves the city government and a garbage truck. Sometimes it is a cargo truck in the suburbs with an improperly tied load. As home delivery becomes more popular, more delivery vehicles are navigating tricky neighborhood streets, often driven by busy, distracted drivers. 

Our firm provides aggressive representation across a diverse array of commercial vehicle litigation, ensuring compliance with the specific safety standards and operational requirements unique to each category:

• Semi-trucks & big rigs. We hold standard tractor-trailers to the rigorous safety protocols mandated by the Federal Motor Carrier Safety Regulations (FMCSR).
• Delivery trucks. With the rise of e-commerce, Amazon, UPS, and FedEx trucks increasingly cause collisions on congested NYC residential streets due to strict delivery quotas.
• Dump trucks and construction vehicles. These cases often involve negligence related to falling debris, blind-reverse maneuvers, or dangerous, overweight loads that bypass weight stations.
• Garbage and sanitation trucks. If a government-owned vehicle hits you, you must file a formal notice of claim within 90 days of the accident. 
• Tanker trucks. Collisions involving hazardous materials require specialized investigation into chemical burns, explosions, and environmental toxicity risks.
• Flatbed trucks. We target liability in accidents resulting from improperly secured cargo, such as shifting steel beams or heavy machinery that becomes a projectile in transit.

Regardless of the specifics, one thing stays the same: You deserve to be compensated if another driver hurts you. Hire a New York accident attorney who won’t back down.

Why Choose Us

Your Fight Is Our Fight. Since 1959.

If you’re searching for an experienced New York truck accident lawyer, Greenspan & Greenspan Injury Lawyers brings decades of proven advocacy, aggressive representation, and a deep commitment to every client’s recovery.

• Tens of millions recovered — including a $6.52M wrongful death verdict
• Serving New York since 1959 — a multi-generational firm trusted across the community
• Recognized for pro bono service — honored for helping 9/11 victims and families
• Aggressive insurance negotiators — we fight at every step, not sit back and hope
• No fee unless we win — free 24/7 consultation with zero upfront cost

New York Truck Accident Statistics

In the stress that follows a truck accident, it is easy to feel alone. But you are not alone. Unfortunately, year after year, trucks hurt and even kill people.

According to the FMCSA Motor Carrier Management Information System (MCMIS), in 2024 alone, 3,966 people were injured in large truck accidents in the State of New York. Almost 100 people died. These accidents involved dump trucks, garbage trucks, flat beds, box vans, and other kinds of large trucks. 

The preliminary 2025 crash data from New York’s Institute for Traffic Safety Management and Research (ITSMR) reveals 11,937 large truck-related crashes statewide. The vast majority, approximately 74%, were property-damage-only incidents, while about 25% resulted in personal injury, and 0.4% were fatal.

The risk profile changes dramatically when vulnerable road users, such as pedestrians and cyclists, are involved. Among the 104 total large truck–pedestrian collisions, fatalities represented a striking 11.5%, significantly higher than the overall truck crash fatality rate. Furthermore, out of 39 reported large truck–bicycle crashes, 97% resulted in personal injury.

These statistics confirm that while overall fatalities are trending downward, the lethality of truck–pedestrian and truck–cyclist interactions demands a combination of stricter enforcement and modern infrastructure, such as protected bike lanes and improved intersection visibility, to prevent further loss of life. Until our streets are engineered to protect every New Yorker, aggressive legal enforcement remains the primary tool for holding negligent parties accountable and reducing severe injury and mortality on our roads.

Because this is a widespread problem, when you fight for your own rights, you are also playing a bigger role. Truck accidents that cause injuries and death shouldn’t be swept under the rug. Here at Greenspan & Greenspan Injury Lawyers, we take on companies that try to minimize your pain and suffering.

What Are the Most Essential Steps to Take After a Truck Accident?

The actions you take in the minutes and days following the crash are critical. Protecting your legal rights and maximizing your recovery requires immediate adherence to several critical protocols. 

Notify Law Enforcement

Call 911 immediately. In New York, an official police report is the foundational evidence for your claim. Ensure the responding officer notes any traffic violations, such as improper lane changes or equipment failure.

Seek Medical Attention

Trucking accidents often cause internal injuries that are not immediately apparent. Visit an emergency room or urgent care immediately to document your injuries. Under New York’s no-fault insurance laws, you must generally file a personal injury protection claim within 30 days to have your initial medical bills covered.

Photographing the Scene and Damage

The moments immediately following a truck accident are chaotic, but if your physical condition allows, it is absolutely essential to photograph the scene thoroughly. Take numerous photos of all vehicles involved in the collision, focusing on the extent and location of damage to each vehicle. Be sure to capture the license plates, the trucking company’s name and logo, and the vehicles’ relative positions to one another and the roadway before they are moved.

You should also try to photograph the scene of the accident, including any skid marks, debris, obscured road signs, broken traffic lights, or confusing pavement markings. An obscured sign or a malfunctioning light could point to municipal negligence. Also, take photos showing the current weather and the condition of the road surface to indicate whether there are any potholes or construction zones.

Remember, this physical evidence can literally disappear within hours, especially in high-traffic areas where authorities or cleanup crews work quickly to clear the road. The photos and videos you take now will provide your legal team with an irrefutable record of the facts as they existed immediately after the collision.

Identify Witnesses

Collecting contact information from any bystanders or other drivers who witnessed your truck accident is a vital step in building a strong case. Be sure to get their full legal name, a current phone number, and an email address.

Eyewitness accounts offer an objective, third-party perspective on the events immediately before and after the collision, which is invaluable. These unbiased statements can be a powerful defense if the trucking company attempts to shift partial or full blame onto you.

A witness’s statement can solidify key facts, such as the commercial truck driver’s speeding, improper lane changes, distracted driving, or failure to stop, confirming their negligence was the cause of the accident and protecting you from unwarranted fault.

Adhere to the Notice of Claim Requirement

If the truck is owned by a municipality, such as a NYC Department of Sanitation vehicle, you must serve a formal notice of claim within 90 days. Missing this deadline will permanently bar you from suing.

Consult a Truck Accident Attorney

Before speaking with an insurance adjuster or signing any settlement documents, contact counsel.  We immediately issue a spoliation letter to the trucking firm to prevent the destruction of critical evidence required to prove liability. We also manage all communications with insurance adjusters, ensuring you do not inadvertently waive your rights or accept a settlement that undervalues your long-term medical needs.

Who Is Liable for Your Injuries?

Determining who is responsible for your injuries can be a complicated legal puzzle. Depending on the circumstances, several parties can be at fault. After an extensive investigation, your New York truck accident lawyer may recommend pursuing the following parties.

Truck Driver

Truck drivers must operate their vehicles safely. If they fail to do so, they could be liable for the accident. Many drivers will try to escape liability by blaming their employer, but our firm always holds them accountable for any unsafe choices they make behind the wheel.

Trucking Company

Trucking companies are liable for their drivers’ actions while on the road. They can also be liable if they pressure drivers to violate safety regulations or negligently hire unqualified drivers. Moreover, these companies must ensure all vehicles are roadworthy before allowing a driver to haul a load.

Cargo Loading Companies

Even when the driver and the trucking company take other necessary precautions, an improperly loaded truck can spell disaster. Companies responsible for loading and securing cargo on trucks must do so correctly. If overloaded or improperly loaded cargo causes an accident, the cargo loading company could share liability.

New York Trucking Regulations

A number of federal laws regulating the trucking industry apply to large trucks in New York. These laws are meant to make our roads safer for everyone. If a company or driver breaks one of these laws, they should be held responsible. Here are some of the regulated areas that may be involved in your case.

Hours of Service

There are specific rules about how many consecutive hours a commercial driver can drive, depending on different factors. There are also rules around how many total hours a commercial driver is allowed to drive within a certain time frame. When investigating a case, we look into the driver’s schedule to see if these laws have been followed.

Weight Limits

Depending on whether a truck is traveling on an interstate or a smaller road, trucks have different weight limits. If they go over that limit, they are breaking the law. As part of our investigation, we check to see if the truck was over its legal weight limit.

Licensing and Training

Professional truck drivers must have a commercial driver’s license (CDL). Depending on their specific job, they may be required to have specialized training. As your New York truck accident lawyer, we check that the truck driver in your accident was fully qualified.

Maintenance 

Many large trucks rack up mileage and get banged up repeatedly as they are loaded and unloaded. That’s why it is so important for truck companies to do regular maintenance checks. Laws dictate the specifics of these maintenance checks, depending on the situation. As your attorney, if needed, we can go through the company records to make sure the proper maintenance was being done.

How Our New York Semi-Truck Accident Lawyers Can Help

Truck accident cases are complex, and you only have one chance at seeking compensation. You need experienced legal representation to protect your rights and fight for a fair settlement. Here’s how Greenspan & Greenspan Injury Lawyers will handle your case.

Investigate the Accident

We’ll launch a thorough investigation to uncover the cause of the accident and identify all potentially liable parties. This step might involve reviewing police reports, gathering witness statements, and reviewing company records. Your New York truck accident attorney may also consult with accident reconstruction experts whose testimony can support your claim.

Handle Communication with Insurance Companies

Insurance companies are motivated to protect their bottom line. They might try to offer you a quick settlement or even deny your claim altogether. We’ll handle all communications with insurance companies on your behalf, protecting you from aggressive tactics and unfair settlements. As always, we will never agree to a settlement without your approval.

Fight for You in Court

If the insurance companies refuse to offer a fair settlement, we’re prepared to take your case to trial. An experienced semi-truck accident lawyer will represent you in court and fight for the justice you deserve. While a settlement is often preferable, we are not afraid to take the fight to the courtroom if that is what is needed to secure the results you deserve.

How to Choose a New York Truck Accident Lawyer

When selecting a New York accident attorney, your choice should be a deliberate and thorough one. Demand nothing less than the following essential qualities and proven credentials from any firm you consider to represent you in a truck accident case.

Experience in Truck Accident Litigation

When choosing an attorney for a truck accident case, it’s important to select someone with relevant experience. Truck accident cases involve unique federal and state regulations, as well as specific types of evidence, such as data from electronic logging devices and black boxes, which are not present in standard personal injury cases. Your attorney should also have experience negotiating with trucking companies and their insurance providers.

A Proven Track Record of Success

Look for concrete evidence of favorable outcomes. Request information about the firm’s case results; a pattern of securing substantial verdicts and favorable settlements indicates a legal team’s proficiency and ability to command respect from opposing counsel and insurance companies. Ask questions about their prior settlements and courtroom victories in accident cases similar to yours. An attorney who has successfully litigated dozens of cases similar to yours is likely to be far more prepared than one who primarily handles other areas of law. 

Comprehensive Investigative and Financial Resources

Investigating a serious truck accident requires significant resources. Make sure the firm works with a team of accident reconstruction experts, private investigators, medical specialists, and financial analysts to build a winning case. This includes the ability to front the substantial costs of expert witnesses and litigation, ensuring your case is not compromised by a lack of funds.

Clear and Consistent Communication

Accident claims can take time, and you deserve to be kept informed every step of the way. You want a legal team committed to transparent, responsive, and regular communication. You should feel comfortable asking questions and should receive prompt, understandable updates regarding the progress and strategy of your case.

How Do New York’s No-Fault Laws Affect Your Claim?

We understand how overwhelming the time immediately following a truck accident can be. Navigating the financial aftermath of a New York commercial truck collision requires a deep understanding of the state’s no-fault insurance system. Your own personal injury protection (PIP) insurance serves as the primary source of recovery, regardless of who caused the crash. PIP typically covers up to $50,000 for medical expenses and 80% of lost wages, capped at $2,000 per month. Commercial trucking companies are subject to Federal Motor Carrier Safety Administration (FMCSA) regulations that mandate significantly higher insurance minimums than the standard New York no-fault coverage. Your PIP coverage does not limit your ability to pursue further compensation from the trucking company’s commercial policy.

To seek compensation beyond these initial benefits, your injuries must meet the serious injury threshold. This legal standard allows you to step outside the no-fault system and file a lawsuit against the negligent truck driver or trucking company if you have suffered a bone fracture, significant disfigurement, or a permanent limitation of a body organ or member. You can also file a lawsuit if your injury prevents you from performing substantially all of your daily activities for at least 90 of the 180 days immediately following the accident.

If you are unsure whether your injury meets the serious injury threshold, an experienced attorney can help you review your medical records and circumstances to make this determination. The process can be complex, but reaching out for a free consultation can provide clarity on your legal options and next steps. Contact us today to find out whether you qualify for further compensation, and let our team guide you through what to do next.

Possible Compensation You Can Recover

Compensation can help replace your losses and assist with your recovery after the crash. Here are some of the main types of damages that might be recoverable in your truck accident case:

• Medical expenses. These include all treatment costs, such as hospital stays, surgeries, and medication. Your settlement can also pay for ongoing care, such as physical therapy and counseling.
• Lost wages. If you missed work due to your injuries, you may be able to recover compensation for your lost income. These funds also address the loss of future earning capacity if your injuries leave you unable to return to your previous job.
• Pain and suffering. Truck accidents can cause significant physical and emotional pain. You may be entitled to compensation for the physical discomfort, emotional distress, and reduced quality of life caused by your injuries.
• Property damage. Unlike some firms, Greenspan & Greenspan Injury Lawyers go the extra mile to achieve sizable settlements to replace or repair damaged property. These losses include your vehicle, personal items, medical equipment, and anything else damaged in the crash.
• Wrongful death. In the tragic event that you have lost a loved one in a truck accident, you may be able to file a wrongful death claim to seek compensation for what are known as “pecuniary injuries” they may include loss of support and services such as cooking, cleaning, driving, measured by the cost of hiring people to replace those services, they also include funeral expenses, lost wages and other damages.

The amount of compensation you can recover will depend on the specific circumstances of your case. An experienced big rig accident lawyer can evaluate your case and help you understand the potential value of your claim.

Cost Structure and Contingency Fees 

At Greenspan & Greenspan Injury Lawyers, we believe everyone should be able to access justice, no matter their financial situation. 

Here is the bottom line: We only get paid if you get paid. In other words, we get paid from the damages we recover on your behalf. 

It is rare to find a New York semi-truck accident lawyer who will handle all your reimbursements, all your property damage, everything—while you just focus on getting better. But that’s what we do. We are local attorneys who have prided ourselves on caring for our community since 1959. You can count on us to stick to contingency fees in truck accidents rather than upfront costs or hourly fees. We get paid only if we secure compensation for you.

Necessary, fighting for your rights in court. We handle all legal aspects so you can focus on your recovery.

Speak with a New York Truck Accident Lawyer

Greenspan & Greenspan Injury Lawyers is ready to fight for the compensation you deserve. Our law firm has over three decades of experience representing injured people. We handle complex truck accident cases in New York. We understand your challenges and know what it takes to get results.

Our New York semi-truck accident lawyers are capable of handling cases throughout New York state, including the 5 boroughs, The Bronx, Yonkers, and beyond.

Legal References Used to Inform This Page

To ensure the accuracy and clarity of this page, we referenced official legal and other resources during the content development process:

• Statute of limitations for personal injury, N.Y. Civil Practice Law & Rules, § 214.
• Time extension for minors, N.Y. Civil Practice Law & Rules, § 218.
• Federal Motor Carrier Safety Regulations (FMCSR).
• Notice of claim, N.Y. Gen. Mun. Law § 50-e (McKinney 2023).
• Driver’s record of duty status, 49 CFR § 395.8 (2024).
• General requirements for driver qualification files, 49 CFR § 391.51 (2024).
• No-fault threshold, N.Y. Insurance Law, § 5102.
• Traffic Safety Statistical Repository (TSSR), NYS Large Truck Crash Summary. 
• No-Fault Insurance, Notice,11 NYCRR 65-1.1. (2001).