Bronx Truck Accident Attorney

Did a truck accident injure you or someone you love? If so, a Bronx truck accident lawyer at The Law Offices of Ivan M. Diamond can help you recover financial damages for your losses, including lost wages and medical expenses.

Many attorneys practice both car and truck accident law. However, law firms with experience litigating high-value truck accident cases don’t need to familiarize themselves with federal trucking regulations to easily spot unique legal violations before they proceed with a case. Our law firm already is up to speed on trucking laws and knows what to look for if a negligent truck driver or trucking company left you injured and holding the bag for thousands in medical expenses.

It costs nothing to speak with and retain a qualified Bronx truck accident lawyer at the Law Offices of Ivan M. Diamond, so call now for your free case consultation, or read on for more information about what we can do to help you.

What Accidents Occur With Trucks?

Pedestrian accidents can occur when a truck has insufficient time to stop when a pedestrian is in a crosswalk. A bicycle-involved truck accident can occur when the driver cannot see the biker. Car accidents with trucks can range from head-on collisions to rear-end collisions. Regardless of the type of accident, proving the truck driver was at fault in an accident is one of the requirements to establish fault.

Because of the physics of a truck hitting a smaller vehicle like a car—or even a pedestrian—the encounter can permanently change the life of a collision victim. Injuries in this kind of accident are frequently catastrophic, physically, emotionally, and financially.

Let’s look closer at the kinds of injuries you might expect in a collision between a large truck and a car.

• Fractures: When a large commercial truck collides with a much smaller vehicle, the person riding in the smaller car can be tossed around inside the vehicle striking the sides and top, or even be ejected from it entirely. This uncontrolled motion puts a passenger’s limbs and other bones at risk of fracture. Being expelled from the vehicle holds an even higher risk of broken or fractured bones. Frequently, these truck accident fractures can be very serious and even include compound or crushing fractures.
• Head and Neck Injuries: The violent shaking of victims inside the struck vehicle can also lead to head and neck injuries. Neck injuries can be as seemingly simple as whiplash or as complicated as traumatic brain injuries (TBI). Whiplash can lead to years of debilitating pain and reduced motor function. Further, head and neck injuries, in general, can lead to paralysis or chronic uncontrollable pain that may severely impact your ability to hold a job or enjoy life.
• Traumatic Brain Injuries: Traumatic brain injury is any injury to the brain, whether “mild” or severe. Most TBIs result from a concussion. They can lead to headaches, confusion, nausea, fatigue, difficulty sleeping, ringing in the ears, and coordination problems. These symptoms can be much worse, leading to loss of motor and cognitive function and eventually making it impossible to live your life as you once knew it. Even seemingly mild brain trauma can result in potentially fatal complications. Remember that the “mild” TBI designation relates only to your initial presentation of symptoms. It does not refer to your overall prognosis. TBIs that medical professionals deem mild can still be severe injuries resulting in serious and lasting effects and complications. If doctors diagnose you with any TBI, remain on watch for any complications or lingering effects.
• Spinal Cord Injuries, Paralysis, Nerve damage: Spinal cord injuries can be especially severe in a truck accident because of the violence with which passengers are tossed around the vehicle’s interior or even expelled from it. In the course of that tumbling, damage to vertebrae can severely damage the spinal cord they protect. Even a mild bruise can cause temporary paralysis, but severe damage can leave the victim permanently paralyzed from the point of the injury on the spinal cord down. Paraplegia and quadriplegia are not uncommon. Even if paralysis doesn’t occur, nerve damage to the spine can result in loss of motor function or sensation in ways that seriously impact the victim’s life from then on.
• Burns and Scarring: Because of the extreme violence of the impact of a truck against a car, explosions and fires frequently occur. Burns are not only tremendously painful and difficult to treat, but the scars they leave behind can create emotional trauma for the victim that constitutes a separate injury.
• Torso and Internal Injuries: Once again, the tremendous force with which a truck impacts a car and tosses about the passengers can lead to internal injuries and bleeding. Even though most cars now have front seat airbags, even those can cause abdominal injury, while those not protected by them can still suffer severe impact to the torso. As a result, significant internal organs, including the bladder, kidneys, spleen, lungs, liver, pancreas, and intestines, can all be severely injured by the brutal impact. Chest and rib fractures, which can lead to punctured lungs or massive internal bleeding, are also common torso injuries.

Death: There is no denying that truck collisions with cars result in more deaths than car-to-car collisions. Truck accidents involving fatalities continue a decade-long increase and represent ten percent of the vehicles involved in fatal crashes, but only four percent of the vehicles on the road. When a large truck hits a car, the prognosis for the car’s passengers is not good.

Leading Causes of New York Truck Accidents

Accidents fall into three categories, those that involve human error, those that involve mechanical problems, and those that involve environmental conditions. Proving who is at fault for an accident can be complicated. This is especially true regarding weather-related accidents unless a victim can demonstrate the truck driver did not exercise proper caution.

In each category, an experienced lawyer may prove fault in a truck accident, including:

• Human error issues – Drivers who were intoxicated, distracted, or not following basic safety procedures such as yielding, not following too closely, or staying in their lane were in more than 7,000 accidents in New York during one year.
• Mechanical problems – Defective brakes, headlights, and accelerator defects were responsible for more than 100 roadway accidents involving trucks. Tire failure and other defects caused more than 500 accidents.
• Environmental factors – Environmental conditions caused nearly 1,700 accidents on New York roads. Animals jumping into the road caused more than 200 truck accidents, obstructed views caused more than 350 accidents, and slippery roads caused more than 800 accidents.

Truck crashes—including accidents involving semi-trucks, 18-wheelers, tractor-trailers, and commercial work vehicles—often cause substantial damage to people and property in the Bronx. According to the Federal Motor Carrier Safety Administration (FMCSA), operator errors and brake system failures commonly cause commercial motor vehicle crashes.

More specifically, truck crashes often result from:

• Truck driver distraction
• Speeding, including driving too fast for weather conditions
• Following small vehicles too closely
• Truck driver fatigue and illness, including falling asleep at the wheel
• Brake and tire problems
• Loss of control of the truck or cargo
• Prescription drug and alcohol use

To reduce distraction and fatigue, truck drivers must follow federal safety guidelines related to hours of service. Operators cannot drive for more than 11 hours within a 14-hour window and must rest periodically. Further, truckers must record their sleep, rest breaks, tire checks, and driving hours during each trip. Experienced personal injury attorneys might demand these records to determine if a truck accident was related to driver fatigue or federal violations.

Are there different types of truck accidents?

The three most common types of large truck crashes include rear-end collisions, merging mistakes, and accidents due to loss of control.

Additionally, tractor-trailers are more susceptible to certain kinds of accidents, including:

• Undercarriage – These often-fatal crashes occur when the front of a passenger motor vehicle gets trapped and crushed under a semi-trailer.
• Rollover – Large trucks have a higher center of gravity and are more likely to roll over onto other vehicles during turns.
• Jackknife – These often occur after a semi-truck has unloaded its cargo. The lighter trailer may not stop with the tractor when the driver applies the brakes, and instead, it might fold the entire vehicle into a V or L-shape as the trailer slides past the slowing tractor. At the very least, jackknife accidents block traffic, but they also can strike other vehicles on the road.
• Blind spots – Eighteen-wheelers have substantial blind spots along each side of and behind the trailer. On the Grand Concourse, a distracted truck driver can accidentally merge into a smaller vehicle in one of these blind spots, leading to life-changing injuries.
• Cargo loss – Utility vehicles and flatbed trucks must adhere to stringent cargo safety guidelines, but, unfortunately, not all trucking companies comply. Safety violations may cause logs, pipes, and other dangerous cargo to fly off a truck, obstructing traffic and potentially injuring drivers.

The truck crashes listed above seldom occur if no driver error or safety violations take place. Speak with a Bronx personal injury attorney at the Law Offices of Ivan M. Diamond immediately if you suffered serious injuries in a Bronx truck accident.

Establishing Fault After a Truck Accident

Establishing fault is the first element of a personal injury case.

Following a truck accident, various parties can share fault, including:

• Truck Driver – A driver who acted improperly by using a cell phone, driving intoxicated, or traveling too closely may cause an accident.
• Trucker’s Employer – Truckers have very strict requirements for rest periods. An employer may be held responsible for accidents caused because a driver was overtired and fell asleep at the wheel. You may hold employers responsible if a mechanical failure caused by poor maintenance contributes to the accident.
• Manufacturer – Defective tires, brakes, or accelerators can make the manufacturer liable for the accident.

Keep in mind that New York has a no-fault insurance policy. This means immediately following an accident, you can put in a claim to have your medical bills and lost wages reimbursed to you immediately. You only have 30 days to file this type of claim. Victims who suffer serious injuries that exceed the limits of a no-fault policy have the right to work with a truck accident lawyer to file suit against the responsible parties.

Do New York no-fault laws apply to large truck collisions?

Yes. New York vehicle occupants injured due to truck driver negligence must still use their no-fault benefits. Personal injury protection (PIP) policies cover immediate medical expenses and lost wages, regardless of fault. However, this also means personal injury plaintiffs must meet the New York serious injury threshold to bring truck accident litigation.

Serious injuries include those resulting in death, significant loss of an essential bodily function, over $50,000 in direct economic damages, permanent disfigurement, a bone fracture, or the inability to perform normal activities for at least 90 days in the 180 immediately following the accident.

Who might be liable for a truck crash in the Bronx?

Truck accident litigation presents unique legal issues because most drivers were working when the accident occurred. Injured claimants may hold large-truck owners and trucking companies vicariously liable for truck driver negligence under N.Y. VTL § 388and a principle called respondeat superior. Experienced truck crash lawyers will also look for evidence that employers knowingly entrusted a truck to a dangerous driver or that company policies discouraged drivers from taking necessary rest breaks.

Semi-trucks operating in the Bronx usually carry a minimum of $750,000 in commercial liability insurance. However, chain-reaction crashes often result in multiple victims, and serious injuries may cost hundreds of thousands to treat. Bronx claimants might recover additional monetary compensation directly from negligent fleet owners and trucking companies.

What damages can I recover if a truck hit me in the Bronx?

Motor vehicle occupants injured by negligent truck drivers may recover compensation for direct economic losses and indirect suffering.

Examples of direct damages potentially available after a truck accident include:

• Lost wages, commissions, and bonuses
• Direct loss of employer benefits
• Vehicle destruction
• Medical bills
• Prescription medications
• Home health aides
• Medical transportation
• Rehabilitation expenses
• Paid assistance with daily activities

Direct damages also include past and anticipated future losses. Individual insurance may cover many direct expenses, but it won’t compensate beneficiaries for indirect losses, such as inconvenience and mental anguish.

With the help of an experienced Bronx personal injury attorney, victims injured in a truck crash may recover damages for:

• Pain and suffering
• Mental anguish
• Loss of enjoyment of life
• Frustration and inconvenience
• Inability to perform activities of daily living
• Loss of spousal companionship
• Lost future career and educational opportunities

Victims and their families may testify about their pain and make a reasonable demand for compensation. Expert economists, physicians, and occupational therapists can interview injured claimants and calculate the anticipated future value of economic and non-economic losses. Experienced Bronx accident lawyers normally submit evidence of all past and future damages while making an overall demand for compensation. Commercial liability insurers and trucking companies typically offer to settle viable truck accident claims for a single sum.

What common injuries do passenger vehicle occupants suffer in large truck crashes?

Due to the weight and size of 18-wheelers, even a minor impact with a car may cause vehicle occupants serious personal injuries. Severe whiplash and spinal disc herniations generally occur when the force of a vehicle-truck impact travels through the body.

Additionally, you might suffer from the following injuries after a Bronx truck crash:

• Fractures
• Traumatic brain injuries
• Miscarriages
• Post-Traumatic Stress Disorder
• Facial lacerations
• Burns
• Paralysis
• Nerve damage
• Amputations
• Shoulder and knee dislocations

Under N.Y. CPLR 214, Bronx residents must file lawsuits for personal injuries caused by negligent truck drivers within three years of the accident.

Large Truck Accident FAQs

Q. What is the average weight differential between a semi-truck and a typical car? How does this affect a collision?

1. The average car weighs about 4,000 pounds. A fully loaded semi weighs about 80,000. Even empty, it will weigh about 20,000 pounds or more. An 80,000-pound truck moving at only two mph has the same momentum as a car traveling at 40 miles per hour.

If you’re both moving at the same speed, it’s going to be bad for the car. Since the truck has a large mass and a large velocity, in comparison to the car’s similar velocity but lower mass, the truck will have much more momentum than the car. It is far harder to stop the truck, which will experience much less acceleration, though the car will try—and be severely damaged in the process.

Q. How badly does fatigue affect a truck driver?

A. As you may know, the federal government imposes rules on truck drivers limiting the amount of time they can drive without taking a rest break. Driver fatigue is one of the most common causes of truck accidents. Driving while drowsy is similar to driving while under the influence of alcohol or drugs.

It:

• Reduces reaction times, awareness of dangers, and ability to focus
• Equals a Blood Alcohol level of 0.08 percent after 20 hours without sleep
• Triples your likelihood of being in a crash

Q. Is a concussion dangerous?

A. Yes, all concussions are dangerous. To begin with, when a doctor says you have a mild concussion, they are focusing on the symptoms present at that moment. The statement does not reflect what may show up later, the impact of repeated concussions, or your prognosis from the injury. Any concussion can result in a Traumatic Brain Injury, and having more than one can be highly dangerous. Repeated concussions, like those experienced in certain contact sports, multiply and enhance the damage caused by the first concussion.

Q. How long can a truck driver drive without a break?

A. This is a simple question with a rather complicated answer. According to Federal Motor Carrier Safety Administration 60/70 rules, these time limits apply.

Unless subject to the so-called Short-Haul Exception, a truck driver:

• May drive 11 hours after ten consecutive hours off duty (ten and eight, respectively, for passenger-carrying drivers)
• May not drive beyond the 14th consecutive hour after coming on duty, following ten consecutive hours off duty (15 and eight, respectively, for passenger-carrying drivers). Off-duty time cannot extend this period.
• Must take a 30-minute break after driving for eight cumulative hours without a 30-minute interruption. Any 30-minute interruption, including on-duty not driving, off-duty, sleeping, or any combination of these three if done consecutively can satisfy this requirement.
• May not drive after 60/70 hours on duty in 7/8 consecutive days. A new 7/8 period can start when the driver takes 34 or more consecutive hours off duty. The new 7/8 period option does not apply to passenger-carrying drivers.
• May extend the 11-hour maximum and 14-hour window by up to two hours in adverse conditions.

Q. How common are truck accidents?

A. About four times in every hour, a person dies or suffers injuries in a U.S. big rig accident. About a half-million truck accidents take place each year in the United States. In the first three quarters of one recent year, 116,061 vehicles were in large truck accidents, resulting in 3,252 fatalities and 50,644 injuries.

More than 22,000 large trucks were in vehicle accidents on New York roads in a recent year. As a result, 105 people lost their lives, and more than 5,000 suffered an injury. Passengers, pedestrians, and bicyclists accounted for more than 50 deaths after a truck accident. While nearly 7,000 accidents resulted in property damage, nearly 3,000 people reported at least minor injuries, more than 500 reported moderate injuries, and more than 300 reported serious injuries.

Q. Why do small trucks roll over so often?

A. Small trucks and SUVs are top-heavy and have a very different center of gravity than cars. They are more susceptible to forces like wind, speed, objects in the road, and the impact of crashes with other cars. If people load the vehicle in an off-balance configuration or with a liquid that will move during transit, it heightens the tendency to roll over. The most common cause of death in these accidents is the collapse of the roof of the rolled-over vehicle.

Q. What are the requirements to be a big-rig truck driver?

A. To drive a big-rig truck, the Federal Motor Carrier Safety Administration (FMCSA) requires that truck drivers hold a commercial driver’s license (CDL). To get a CDL, you must be 21 years of age, submit the application and test required in your state, and pay your state’s fee. Prove that you are who you say you are (identity documents and Social Security card). In New York, you must already have a New York state driver’s license.

New York, like most states, offers more than one kind of CDL, reflecting specialties like driving school buses, tank trucks, tractor-trailers, etc., and you apply for and take a written test for the type you are seeking. After passing a road test, you must certify that you did not hold a driver’s license other than in New York in the preceding ten years (or report the states in which you did hold a license).

You must meet the FMCSA medical exam requirements, which disqualify those with:

• Hypertension (blood pressure of 140/90 or below passes; between that and 179/109 may require monitoring or reduction within three months)
• Respiratory dysfunction
• Diabetes
• Vision impairment (must have 20/40 in each eye with or without glasses), a field of vision of 70 degrees in each eye, and the ability to distinguish between red, green, and amber
• Epilepsy
• Mental disorders
• Hearing impairment (they must hear a harsh whisper in the better ear at no less than five feet away, with or without a hearing aid).
• Obesity
• Sleep Apnea

If you fail the initial or biannual Department of Transportation Medical exam, you can seek a second opinion from an independent physician. Drivers may also seek a “variance” if they can prove they can safely operate a truck despite the impairment—such as drivers with diabetes and vision or hearing issues. Drivers who are missing a limb can also obtain a special variance.

Q. Does New York exclude anyone from obtaining a commercial driver’s license?

A. Yes. You may not apply for a CDL for at least one year after a DWI arrest, and a second offense can result in a permanent ban. If you have a suspended driver’s license, you are not eligible for a CDL in New York.

Other disqualifications include:

• Serious traffic offenses—more than 15 miles over the limit, reckless driving, tailgating, using a cell phone while driving a commercial vehicle, and any violation involving a fatality
• Out-of-service orders such as exceeding drive time limits will result in a temporary suspension.
• Violating railroad crossing rules
• Major offenses, including refusing a drug test, a DWI, leaving an accident scene, and using a motor vehicle while committing a felony

Q. If a commercial truck hits me, can I sue anyone other than the driver?

A. Often, yes, in a commercial truck accident, and to a lesser extent, in any truck accident.

Potential defendants

include:

• The employer of the driver who as a principal may be liable for the conduct of the agent driver
• The owner of the truck, if different from the employer
• The manufacturer of the truck if a defect contributed to the accident
• The maintenance company of the truck if poor maintenance contributed to the accident
• A road construction company if they created a hazard on their site
• The governmental unit responsible for the road construction for the same reason

Speak With a Bronx Truck Accident Lawyer You Can Trust

Ivan M. Diamond Bronx Truck Accident Attorney

If you or a loved one were in a truck accident, contact Ivan M. Diamond at (718) 588-2000 immediately. As an experienced Bronx personal injury attorney, he can fight to make you financially whole after a truck accident.

Office Location

888 Grand Concourse
#1L Bronx, NY
10451 Phone: (718) 588-2000

Testimonials

Mr.Diamond was very helpful and professional with dealing with my case. He did so in a very timely fashion. I was very thankful with the outcome with my case. He kept in touch and me up to date through out the process. His secretary was also professional and involved with my case. This Law Office would definitely be referred to others if necessary.