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The Scaffold Law · Absolute Liability

Truck Accident Lawyer in New York City

Truck accidents are different from car accidents in nearly every way that matters for a legal case. The forces involved are larger; the injuries are more severe; the regulatory framework is denser; the insurance coverage is typically higher. Federal Motor Carrier Safety Administration (FMCSA) regulations, hours-of-service rules, vehicle inspection requirements, driver qualification standards, and cargo-securement rules all apply on top of the standard New York traffic and personal injury law.

Amparo Law Firm represents people injured in collisions with commercial trucks across New York and Long Island.
  • Rear-end collisions where the truck strikes a vehicle ahead of it. Often involves driver fatigue, distraction, or excessive speed for conditions.
  • Lane-change collisions. Truck moves into the smaller vehicle’s lane, often because of large blind spots (“no zones”).
  • Underride collisions where a passenger vehicle slides under the side or rear of a tractor-trailer. Often catastrophic or fatal.
  • Jackknife and rollover accidents.
  • Wide-turn collisions where the truck’s swing during a turn strikes another vehicle, cyclist, or pedestrian.
  • Cargo-related accidents. Loose loads, falling cargo, improper securement.
  • Loading dock and yard accidents — often involving workers and pedestrians, not other drivers.
  • Garbage truck and box truck collisions — common in NYC street operations.

Federal Motor Carrier Safety regulations

The FMCSA regulations cover commercial trucking in detail — hours of service, driver qualifications, vehicle inspection, drug and alcohol testing, cargo securement, electronic logging. Violations of these regulations are direct evidence of negligence.

We obtain the trucking company’s compliance records — the driver’s logbook, the vehicle inspection record, the company’s safety record, the driver’s CDL history — early in the case. These records often establish liability beyond just the immediate accident facts.

Vicarious liability and common-carrier obligations

Trucking companies are responsible for their drivers under vicarious liability and respondeat superior. Some trucking operations are also common carriers with elevated duty-of-care obligations.

Insurance coverage

Federal regulations require minimum levels of insurance for interstate trucking — generally $750,000 for non-hazardous cargo and $5 million for some hazardous cargoes. NY and many trucking companies carry far more than the minimum. The available coverage in a serious truck case often dwarfs what’s available in a car case.

  • The driver
  • The trucking company (under vicarious liability and direct negligence theories)
  • The cargo loader in cargo-securement cases
  • The vehicle manufacturer or maintenance contractor in mechanical-failure cases
  • The freight broker in some cases
  • The shipper in some cases involving improperly described loads
  • NYC or other governmental entities in roadway-design cases

Truck collision injuries are typically catastrophic:

  • Traumatic brain injury
  • Spinal cord injuries
  • Multiple complex fractures
  • Internal organ injuries
  • Crush injuries
  • Burn injuries (in fuel/cargo fires)
  • Fatal injuries — trucks are involved in a disproportionate share of NYC traffic fatalities

 

  1. Call 911. Get the police report and ambulance.
  2. Photograph everything — the scene, all vehicles, the truck’s company name and DOT number.
  3. Get the driver’s information, the trucking company name, and the DOT number visible on the truck.
  4. Get full medical evaluation.
  5. Don’t give a recorded statement to any insurance company, including the trucking company’s.
  6. Don’t accept a quick settlement. Trucking companies often try to settle fast before the full extent of injuries develops.
  7. Call us immediately. Trucking accident evidence — driver logs, vehicle data, ELD records — has retention periods and can be destroyed quickly. We send preservation letters the day we’re retained.

 

Same New York personal injury damages categories. Truck cases often generate substantial damages because of the catastrophic nature of the injuries and the substantial available insurance coverage.

Prior results do not guarantee a similar outcome.

Learn more about Uber and Lyft cases

Frequently asked questions.

What about Electronic Logging Device (ELD) records?
ELDs record the truck’s hours of operation, location, and driver behavior. The records are critical evidence and have specific retention periods. We obtain them early.
The trucking company that retained the owner-operator may still be liable under vicarious liability or direct negligence. Brokers may also be liable.
Three years for personal injury, two for wrongful death.
The U.S. Department of Transportation assigns unique numbers to commercial trucking operations. The number is visible on the truck. It’s the entry point to the trucking company’s regulatory record.
Service Area
High-Incident Intersections
Bedford Ave & N 7th St
L-train hub
Metropolitan & BQE on-ramp
Highway access
Broadway & Roebling
Pedestrian-heavy
Williamsburg Bridge approach
Cyclist mix
Driggs Ave & Grand
L-train hub Rear-end zone

If you were injured in a truck accident in New York, call us today. Move quickly — evidence in trucking cases can be lost fast.

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