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New York Truck Accident Lawyer

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New York Truck Accident Lawyer

A collision with an 18-wheeler, tractor-trailer, or commercial truck is one of the most violent events a person can survive. When a vehicle weighing 80,000 pounds strikes a passenger car, the results are almost always catastrophic. If you or a family member were injured in a truck accident in New York, you need an attorney who understands the complex web of federal regulations, multiple liable parties, and aggressive insurance defense tactics that make these cases uniquely challenging.

At Zlotolow & Associates, our New York truck accident lawyers have spent more than 20 years fighting for victims of commercial truck crashes across New York City and Long Island — including Nassau County, Suffolk County, and Melville. We’ve recovered $2.4 million for a single truck accident victim, and we’re prepared to pursue maximum compensation for you. Call (631) 564-0498 for a free, no-obligation consultation.

Scott Zlotolow, Esq.

Lauran Markowitz, Esq.

Anthony Bilello, Esq.

Jason Firestein, Esq.

Why Truck Accident Cases Require a Specialist

Truck accident claims are fundamentally different from car accident cases — and far more complex. Here’s why having the right attorney matters:

  • Federal regulations apply. Commercial trucks are governed by the Federal Motor Carrier Safety Administration (FMCSA), which sets strict rules on driver hours, vehicle maintenance, drug testing, and cargo loading. Proving a violation of these regulations is often the key to liability — and requires an attorney who knows exactly what to look for.
  • Multiple defendants are common. The truck driver, the trucking company, the cargo loader, the truck manufacturer, and even a government road authority may all share responsibility. Identifying every liable party maximizes the compensation available to you.
  • Evidence disappears fast. Trucking companies have rapid-response legal teams deployed to accident scenes within hours. Black box (EDR) data, driver logs, inspection records, and surveillance footage can be lost or destroyed unless preserved immediately with a legal hold notice.
  • Commercial policies are much larger. Federal law requires commercial trucks to carry a minimum of $750,000 in liability insurance — with many policies reaching $1 million or more. Our attorneys know how to pursue the full policy limits.

At Zlotolow & Associates, we move quickly to preserve evidence, retain expert accident reconstructionists, and build the strongest possible case before critical data is lost.

Common Types of Truck Accidents in New York

Commercial truck crashes take different forms, each with distinct causes and liability considerations:

Jackknife Accidents

A jackknife occurs when a truck’s trailer swings outward, forming a V-shape with the cab. This typically happens when a driver brakes hard on a slick surface or takes a curve too fast. Jackknifed trucks can block multiple lanes and strike several vehicles simultaneously. Fatigued driving, brake defects, and speeding are common contributing factors.

Underride Accidents

One of the most deadly truck crash types — an underride occurs when a smaller vehicle slides beneath the trailer of a truck, often shearing off the roof of the passenger vehicle. Federal regulations require rear underride guards on trailers, but side underrides remain a serious risk. When guards are missing, inadequate, or defective, the manufacturer or carrier may be liable.

Wide-Turn Accidents

Truck drivers making right turns must swing wide to the left first to clear the turn. This creates a dangerous blind-spot squeeze zone where cyclists, motorcyclists, and passenger cars can become trapped between the truck and the curb. Wide-turn accidents are especially common on New York City streets and Long Island intersections.

Truck Rollover Accidents

Rollovers can result from speeding, sharp curves, overloaded cargo, improperly secured loads that shift during transit, or tire blowouts. A rolling 80,000-pound truck causes massive destruction to any vehicle or person in its path.

Brake Failure Accidents

Commercial trucks require significantly more stopping distance than passenger vehicles. Worn brakes, inadequate brake maintenance, or improperly adjusted air brakes can result in a fully loaded truck being unable to stop in time. Motor carriers are required to maintain braking systems under FMCSA regulations — failures often point to carrier negligence.

Cargo Spill & Overloaded Truck Accidents

Federal and state law strictly regulate how cargo must be loaded, secured, and weight-distributed on commercial vehicles. Improperly secured loads can shift in transit, altering a truck’s center of gravity and causing loss of control. Cargo spilling onto the roadway can create multi-vehicle pileups. Liability in these cases may fall on the carrier, cargo company, or freight loader.

FMCSA Violations: How Federal Rules Create Liability

The Federal Motor Carrier Safety Administration (FMCSA) imposes strict regulations on commercial trucking. Violations of these rules are among the most powerful evidence in a truck accident case because they demonstrate not just negligence — but a failure to follow the law:

FMCSA Regulation Common Violation Who May Be Liable
Hours of Service (HOS)Driving beyond 11-hour daily or 60/70-hour weekly limits; falsifying logbooksDriver, Motor Carrier
Drug & Alcohol TestingFailure to conduct pre-employment, random, or post-accident drug testingMotor Carrier
Vehicle MaintenanceNeglecting brake, tire, steering, or lighting inspections and repairsMotor Carrier, Maintenance Company
Driver QualificationHiring drivers with disqualifying records or without valid CDLMotor Carrier
Cargo SecurementOverloading, improperly distributing weight, or failing to secure cargoDriver, Carrier, Cargo Company
Cell Phone / Distracted DrivingUsing a handheld phone while driving — FMCSA explicitly prohibits this for CMV driversDriver, Motor Carrier

Who Can Be Held Liable After a New York Truck Accident?

One of the most important distinctions between truck accident and car accident claims is the number of potentially responsible parties. Our attorneys investigate every angle to identify all liable defendants:

  • The truck driver — for reckless driving, HOS violations, impaired driving, distracted driving, or failure to maintain the vehicle
  • The motor carrier (trucking company) — for negligent hiring or training, pressuring drivers to violate HOS rules, failing to maintain vehicles, or inadequate safety policies
  • The cargo company or freight broker — for overloading, improper weight distribution, or failing to properly secure cargo
  • The truck or parts manufacturer — when defective brakes, tires, axles, or other components contributed to the crash
  • Third-party maintenance companies — if negligent repair work caused a vehicle defect that led to the crash
  • Government entities — if a dangerous road condition, poorly designed work zone, or inadequate signage was a contributing factor (90-day Notice of Claim required)

Common Injuries in New York Truck Accidents

The physics of a truck collision — extreme mass at highway speed — mean that injuries are frequently catastrophic and life-altering. The most serious injuries we regularly handle include:

Injury Type Impact & Long-Term Consequences
Traumatic Brain Injuries (TBI)From concussions to severe brain damage; may cause permanent cognitive, emotional, and physical impairment
Spinal Cord InjuriesPartial or complete paralysis; may require lifetime care, home modifications, and assistive technology
Broken Bones & Crush InjuriesMultiple fractures, crushed limbs, or amputations from the weight of a truck collapsing a vehicle
Internal Organ DamageBlunt force trauma from crash impact; may require emergency surgery and extended hospitalization
Burn InjuriesFrom fires caused by fuel spills; often require multiple surgeries, skin grafts, and long-term rehabilitation
Neck & Back InjuriesHerniated discs, whiplash, and nerve damage that may cause chronic pain and loss of mobility
Wrongful DeathTruck accidents are disproportionately fatal; families of victims may bring a wrongful death claim for full damages

Compensation Available in a New York Truck Accident Case

Because commercial trucks carry substantial insurance and cases frequently involve multiple defendants, truck accident settlements and verdicts are often significantly higher than car accident cases. Compensation you may be entitled to includes:

  • All medical expenses — emergency care, surgery, hospitalization, physical therapy, and all projected future medical costs
  • Lost wages and lost earning capacity — income lost during recovery and, if your injuries are permanent, the projected income you will be unable to earn over your working life
  • Pain and suffering — physical pain, emotional distress, PTSD, anxiety, and depression caused by the crash and its aftermath
  • Property damage — repair or replacement of your vehicle and any personal property damaged in the crash
  • Long-term care and rehabilitation — home nursing care, occupational therapy, assistive devices, and home modifications required by permanent injuries
  • Loss of consortium — available to spouses when serious injuries significantly impair the marital relationship
  • Punitive damages — available in cases of particularly egregious conduct, such as a carrier knowingly putting an unqualified or drug-impaired driver on the road

Important: New York follows a pure comparative negligence rule. Even if you were partially at fault for the accident, you can still recover compensation — reduced only by your percentage of fault. Do not assume that because you may have contributed to the crash you have no case. Call us first.

What To Do After a Truck Accident in New York

The actions you take in the hours and days after a truck accident can determine how much compensation you ultimately recover. Follow these steps:

  1. Call 911 and get medical attention immediately. Even if you feel okay, seek emergency evaluation. Adrenaline masks pain, and serious injuries — including internal bleeding and TBIs — often have delayed symptoms. A medical record created at the scene is the foundation of your claim.
  2. Document everything you safely can. Photograph the accident scene, all vehicles involved, your injuries, road conditions, skid marks, and any cargo spillage. Note the truck’s DOT number, license plate, company name, and driver information.
  3. Do not give a recorded statement. The trucking company’s insurer will contact you quickly. Politely refuse to give any recorded statement or sign any documents before speaking with a lawyer. Anything you say can and will be used to reduce your claim.
  4. Preserve all evidence related to your injuries. Keep all medical records, bills, prescription receipts, and communications with insurers. Begin a daily symptom journal immediately.
  5. Contact a truck accident attorney as soon as possible. Trucking companies deploy accident response teams to crash scenes within hours to collect evidence and build their defense. New York’s statute of limitations for personal injury claims is three years (CPLR §214), but the sooner you retain an attorney, the better your chances of preserving critical evidence — including black box data, driver logs, and maintenance records that can be deleted or overwritten.

Do not wait. Electronic logging device (ELD) data and onboard black box records may be overwritten within 30 days. Driver qualification files can be purged. The faster an attorney can send a preservation letter to the carrier, the more evidence is protected.

Truck Accident Lawyers Serving New York City and Long Island

Zlotolow & Associates represents truck accident victims throughout New York. Our Long Island office in Melville, NY serves clients across Suffolk County — including Huntington, Babylon, Brentwood, Commack, and Deer Park — and all of Nassau County, including Hempstead, Garden City, and Mineola. We also represent clients throughout all five New York City boroughs: Manhattan, Brooklyn, Queens, the Bronx, and Staten Island, as well as Westchester County and upstate New York.

All truck accident cases are handled on a contingency fee basis — you pay no attorney fees unless we recover compensation for you. Free consultations are available by phone or at either of our offices.

Contact a New York Truck Accident Lawyer — Free Consultation

When a trucking company’s negligence turns your life upside down, you need an attorney who will fight as hard as their legal team. At Zlotolow & Associates, we understand the tactics commercial insurers use to minimize truck accident claims — and we know how to counter them. With more than two decades of experience, millions of dollars recovered for our clients, and offices in Melville, Long Island and New York City, we are ready to go to work for you.

There are no upfront fees and you pay nothing unless we win. Call (631) 564-0498 or complete our contact form to schedule your free, confidential consultation today. We serve clients throughout Long Island — including Suffolk County, Nassau County, and Melville — and all five NYC boroughs.

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