New York Bus Accident

New York Truck Accident Lawyer


At Spar & Bernstein, we have been successfully resolving personal injury cases, including truck accidents, for over 50 years. Approaching every case with utmost care and compassion, we fight for the maximum settlement for your injuries or loss.

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If you are looking for a New York truck accident lawyer with experience in truck accident investigations, look no further than our experienced team at Spar & Bernstein.

We will identify the parties responsible for the accident, determine liability, define the types of damages you are able to claim and negotiate on your behalf for fair compensation.


The most common accidents involving trucks in New York include:

  • Head-on collisions
  • Rear-end collisions
  • Truck rollovers
  • Jackknife accidents
  • Sideswipe accidents
  • T-bone accidents


New York Statute Of Limitations

The statute of limitations states that following a truck accident in New York, you have three years to file a personal injury claim. After this period, you lose your right to file a claim.

The deadlines are shorter when filing a claim against a government agency or a municipality. In this case, you must file a Notice of a Claim no later than 90 days after the accident, and a claim within one year and ninety days from the date of the accident.

New York No-Fault Law

The New York No-Fault Law allows any party, regardless of who is at fault for an accident, to receive coverage of up to $50,000 for medical costs, lost wages and other costs related to injury.

Federal Trucking Laws

Federal Trucking Laws regulate the number of hours a driver may work and state that drivers are obligated to fill in their driving information in logbooks.

For example, per the hour limit regulations, a driver of a property-carrying commercial vehicle cannot exceed 11 straight hours of driving.


Anyone who contributed to the accident can be found at fault for a truck accident.

This can include truck drivers, truck manufacturing or maintenance companies, other drivers, motorcyclists, pedestrians, and government entities that are responsible for the condition of the road.


If you were involved in a truck accident and suffered injuries and damages, you may submit a claim with your insurance company to cover hospital and medical costs, along with lost wages, treatment transportation costs and costs related to in-house assistance.

These expenses will be covered by your individual Personal Injury Protection (PIP) Insurance.

If your hospital and medical costs exceed the limit of your insurance policy or you have no PIP insurance, you can file for compensation from the party that contributed to the accident.

Pain And Suffering

To seek financial recovery for pain and suffering, you can file a claim or a lawsuit against the party or parties that were responsible for the truck accident.

Property Damage

If the truck accident resulted in damaged personal property, you can pursue compensation from the party that caused the accident.

Wrongful Death

If you lost a loved one in a truck accident, you can file a claim for wrongful death.

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What Is Considered A Truck In New York?

According to the New York City Department of Transportation (NYC DOT), a truck in New York is any vehicle or combination of vehicles that has:

  • Six tires and two axles
  • Three or more axles

What Types Of Trucks Can Be Involved In A Bus Accident In New York?

Trucks that can be involved in a truck accident in New York include:

  • Delivery vehicles
  • Tanker trucks
  • 18-wheeler tractor trailers
  • Large freight trucks
  • Garbage trucks
  • Fire trucks
  • Crane trucks
  • Cement trucks

What Can Cause A Truck Accident In New York?

A truck accident in New York can be the result of: 

  • Distracted or inattentive driving 
  • Driving under the influence of drugs or alcohol 
  • Unsafe speed 
  • Improper lane use 
  • Unsafe lane changing  
  • Following too closely 
  • Failure to yield the right-of-way 
  • Pedestrian or bicyclist confusion 
  • Severe weather conditions, such as snow or rain  
  • Congested traffic conditions 
  • Hazardous road conditions 
  • Defective or malfunctioning trucks 
  • Worn tires 
  • Brake problems 
  • An unsecured load 
  • Being unfamiliar with the road 
  • Poor training 

What Are The Most Common Types Of Truck Accidents In New York?

The most common types of truck accidents in New York extend to: 

  • Head-on collisions, in which a truck collides head-first with another vehicle. Head-on collisions may be the result of failure to observe the proper right-of-way, driving under the influence of alcohol or drugs or losing control of the truck after a tire blowout. 
  • Rear-end collisions, in which a truck crushes the rear part of another vehicle. The most common reason for rear-end collisions is failure to observe proper distance between vehicles. 
  • Truck rollovers, in which a truck is rolled on one side, causing danger for anyone on the road. Truck rollovers can be the result of speeding, manufacturing defects, taking a turn sharply or driving while being distracted. 
  • Jackknife accidents, in which the trailer of a large truck with articulated joints between the trailer and the tractor swings its pivot point and creates a folding jackknife shape. Jackknife accidents are typically caused by improper braking maneuvers or turns. The skidding trailer can hit vehicles nearby and push them a great distance, due to the truck’s weight. 
  • T-bone accidents, also referred to as broadside crashes or side-impact crashes, in which a truck hits the side of another vehicle creating a T-shape. T-bone accidents can be caused by speeding, violating the proper right-of-way, running red lights or ignoring stop signs.  
  • Sideswipe accidents, in which a truck hits another vehicle traveling in the same direction side-by-side. Sideswipe accidents can be the result of road obstacles, tire blowouts, distracted driving or entering the truck’s blind spots. 
  • Wide turn accidents, in which a truck driver makes a right-hand turn by swinging the cab wide to the left and circling through the turn to escape the “right turn squeeze.” This maneuver can cause vehicles from neighboring lanes to crash into the trailer or even go under the truck. 

What Are The Most Common Injuries After A Truck Accident?

The most common injuries after a truck accident include: 

  • Broken bones 
  • Soft tissue injuries 
  • Spinal cord damage 
  • Brain injuries 
  • Amputations 
  • Paralysis 
  • Back and neck injuries 
  • Organ damage 
  • Chest injuries 
  • Burn injuries 
  • Respiratory problems as a result of inhaled hazardous substances that a truck transports and spills after an accident 
  • Wrongful death 

Who Can Be Sued For A Truck Accident?

Following a truck accident, you can sue any party that contributed to the accident, including:

  • Truck drivers
  • Truck maintenance personnel
  • Truck manufacturers
  • Cargo shipping vendors
  • Companies that leased a truck from the owner
  • Other drivers on the road
  • Government agencies in charge of overseeing, regulating and maintaining the roads
  • Motorcyclists
  • Bicyclists
  • Pedestrians

What Should I Do After A Truck Accident In New York?

After a truck accident:

  • Seek medical attention, if your condition allows
  • Call the police
  • Do not leave the accident scene until the police arrive, unless your condition requires immediate transportation to the hospital
  • Gather evidence, such as photos and videos of the accident scene, your injuries, property damage or vehicle position
  • Ask witnesses for their contact information
  • Do not post accident-related info on social media, as it can negatively affect your case and compensation
  • Contact an experienced truck accident lawyer

What Compensation Can I Seek After A Truck Accident In New York?

After a truck accident in New York, you can seek compensation for: 

  • Emergency room costs  
  • Current and future medical expenses 
  • Lost wages 
  • Loss of your future earning capacity 
  • Pain and suffering 
  • Emotional distress 
  • Physical therapy 
  • Permanent disfigurement and scarring 
  • Loss of enjoyment of life 
  • Loss of consortium 

What Evidence Can Support My Truck Accident Claim?

To support your truck accident claim, your lawyer can use: 

  • The driver’s log book 
  • A trip sheet 
  • The driver’s route schedule 
  • The driver’s time card 
  • Inspection reports for up to 30 days before the accident 
  • Inspection reports and checklists from the day of the accident 
  • Inspection reports and checklists following the accident 

At Spar & Bernstein, we collect and thoroughly document every piece of evidence from your case, to help us secure a successful outcome. 

Can I Claim Compensation If I Am Blamed For A Truck Accident?

If you are blamed for a truck accident, you can still recover compensation. New York is a comparative negligence state, which means that the damages you claim will be reduced by the percentage of your fault.  

This means you can pursue compensation even if you are 99% responsible for the accident. 

What does this mean in figures?  

Let’s say, for example, the accident caused damages amounting to $30,000. If you are found 90% responsible for the accident, your compensation will be reduced by 90%.  This means the amount you are rewarded will decrease by $27,000 while the recovery of the other responsible party will be decreased by $3,000. 

Why Should I Contact A New York Truck Accident Lawyer As Soon As Possible?

You should contact an experienced truck accident lawyer as soon as possible after an accident because a lawyer will evaluate your liability, collect evidence, represent you, manage communication and conduct negotiations on your behalf. 

At Spar & Bernstein, we will ensure all documentation is collected and filed on time and your interests are protected, so you can concentrate on your recovery. 

How Much Do Truck Accident Lawyer Services Cost In New York?

At Spar & Bernstein, you pay for our representation only once your truck accident case is successfully resolved. The fee amounts to a contingency, i.e. a percentage of the negotiated compensation.  

The free initial consultation we offer allows you to share the details of your truck accident and your concerns, get to know our knowledgeable team and learn how we can help you reach a fair settlement. 

Contact us to set up a free consultation. 

How Fast Should I File A Truck Accident Claim In New York?

You should file a truck accident claim within three years, starting from the date of the accident. 

If your loved one died in an accident and you want to file a wrongful death claim, you have two years to file a claim. 

Failure to meet these deadlines can cause your case to be denied. 

Who Can File A Wrongful Death Claim After A Truck Accident In New York?

The people who can file a wrongful death claim after a truck accident include: 

  • Partner or spouse 
  • Child 
  • Sibling 
  • Other financially dependent persons 

Why Are Truck Accidents More Likely To Result In Serious Injuries And Fatalities?

Truck accidents are more likely to result in serious injuries and fatalities, compared to average passenger vehicle accidents, due to the size and weight of a truck.  

While the weight of an average passenger automobile is approximately 3,000 pounds, the weight of a large, fully-loaded commercial truck can exceed 80,000 pounds. 

Are Truck Accidents Common In New York City?

According to the National Highway Traffic Safety Administration (NHTSA), there were 121 truck accident-related fatalities in the state of New York in 2017. 

Experienced Leader in Immigration and Injury Law

Bradford H. Bernstein, a second-generation leader at Law Offices of Spar & Bernstein, P.C., has helped over 100,000 clients with immigration and personal injury issues. Brad joined the firm in 1993, became a partner in 1997, and assumed leadership in 2000 after Harry Spar retired.

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