Commercial trucking is an important part of the American economy, transporting tons of goods from coast to coast every day. Sadly, more trucks on the road also means accidents in New York State have become increasingly common, reflecting a broader trend across the US. According to recent data from the Department of Transportation, trucking accidents in New York have risen from 2020 to 2023. This rise suggests a growing problem and underscores the importance of road safety, as truck accidents often result in severe injuries or fatalities due to the sheer size and weight of commercial vehicles.

The impact of a truck accident can be devastating, leading to long-term physical, emotional, and financial challenges for victims and their families. Given the complexities of these cases, including dealing with trucking companies and insurance firms, it’s crucial to have an experienced Yonkers truck accident lawyer on your side, like a member of Greenspan & Greenspan Injury Lawyers. Our experienced big rig accident lawyers can help you navigate the legal process, protect your rights, and fight for the compensation you need. 

Common Causes of Truck Accidents

Truck accidents can have various causes, many of which could or should be avoided.

Driver Negligence

Driver fatigue, distracted driving, and speeding are among the leading causes of truck accidents. Truck drivers often face tight schedules, leading to fatigue and reduced reaction times. Distracted driving, such as using a phone, further increases the risk of accidents, while speeding can make it difficult to control a large vehicle, especially in traffic or adverse conditions.

Mechanical Failures

Trucks are complex machines, and mechanical failures can have catastrophic consequences. Common issues include brake failures and tire blowouts that can cause a driver to lose control. Regular maintenance is crucial, but even well-maintained vehicles can experience unexpected failures.

Improper Loading

Overloaded or improperly secured cargo is another significant cause of truck accidents. When a truck’s load is not balanced correctly or is too heavy, it can cause the vehicle to become unstable, leading to rollovers or difficulty stopping. Key risks include:

• Shifting cargo during transit,
• Overloading trailers, and
• Inadequate securing of goods.

You can hold the party responsible for properly loading the truck accountable if they fail to exercise due caution during the loading phase.

Adverse Weather Conditions

Poor weather conditions, such as rain, snow, or fog, play a significant role in truck accidents, particularly on highways. Trucks require longer stopping distances and are more prone to skidding in adverse weather. Professional truck drivers should know this and adjust their driving accordingly as the weather changes.

Understanding New York Truck Accident Laws

New York has a three-year statute of limitations to file many personal injury claims, including truck accident claims. This limitation makes it essential to consult with a Yonkers commercial truck accident lawyer promptly. They will know how to file your claim on time and protect your rights.

Negligence and Liability

Proving negligence or liability is essential to recover compensation in a truck accident case. To prove negligence, the plaintiff must establish that:

• The truck driver or company had a legal duty of care to the public,
• This duty of care was breached,
• The breach directly caused the accident and injuries, and
• You suffered actual harm or losses as a result.

Your lawyer will assess your case and advise you as to whether you have a valid negligence claim.

Comparative Negligence in New York

New York is a pure comparative negligence state, meaning your compensation is reduced by your percentage of fault, no matter how small. For example, if you are found 30% responsible for the accident, your compensation will be reduced by 30%. This underscores the importance of minimizing your own liability to maximize your recovery. Working with a Yonkers 18-wheeler accident lawyer can help you navigate these complexities and receive the compensation you deserve.

Why Are Truck Injuries So Severe, and What Are the Most Common Injuries?

Truck accidents often result in severe injuries due to the sheer size and weight of commercial vehicles. When a truck collides with a smaller vehicle, the impact force is significantly greater than if the two vehicles weighed about the same. This size and weight disparity can lead to more devastating consequences for those involved. Trucks also have a higher center of gravity, which makes rollovers more likely and adds to the severity of accidents. Common injuries in truck accidents include:

• Traumatic brain injuries (TBI)—caused by a blow to the head, these injuries can lead to long-term cognitive and physical impairments, even in a relatively low speed impact;
• Spinal cord injuries—these injuries result in partial or complete paralysis, profoundly affecting your quality of life;
• Fractures and broken bones—common injuries due to the immense force of impact that often require extensive medical treatment and recovery time;
• Internal injuries— these can include injuries such as organ damage or internal bleeding, which can be life-threatening and require immediate medical attention.

The injuries listed above can cause immense physical pain and lead to long-term financial and emotional burdens. It is crucial to seek compensation with the help of an experienced Yonkers semi-truck accident lawyer. 

What Damages Am I Entitled To?

In New York, victims of truck accidents may be entitled to various types of compensation, depending on the circumstances of the case.

• Economic damages. These cover tangible financial losses such as medical expenses, lost wages, and property damage. Such compensation aims to compensate you for the direct costs of the accident, including future medical care and loss of earning capacity.
• Non-economic damages. These address the more subjective losses that include pain and suffering, emotional distress, and loss of enjoyment of life. They reflect the broader impact the accident has on your quality of life. Proof of a Serious Injury as defined by state law will be required. 
• Punitive damages. The court can award punitive damages in cases where the truck driver’s actions were particularly reckless or egregious. However, courts rarely award such damages as they are not compensatory but intended to punish the wrongdoer and deter similar conduct in the future.

Consult with an experienced Yonkers truck accident lawyer like the attorneys at Greenspan & Greenspan to help you navigate the complexities of New York law and maximize your recovery.

Steps to Take After a Truck Accident

After a truck accident, be sure to take immediate and decisive steps to preserve your claim.

• Seek medical attention immediately, even if injuries seem minor;
• Take out your phone and immediately record the scene on video as well as through photographs
• Document the incident by noting who was present – especially any witnesses and obtain the police report;
• Report the incident to the appropriate authorities; and
• Consult a truck accident lawyer as soon as possible to protect your legal rights and begin the claims process.

By following these steps, you can help safeguard your health and legal interests.

Trust the Team that Is Committed to Your Best Interests

When New York clients choose Greenspan & Greenspan Injury Lawyers, they work with a dedicated team committed to helping citizens get the compensation they need to move forward after a crash. Principal attorney Mike Greenspan is a member of the American Association for Justice trucking litigation group. For decades we’ve proudly served New Yorkers by delivering effective representation in personal injury cases, including trucking accident claims. Call today to schedule a consultation to go over your situation.