When a Commercial Truck Accident Changes Your Life, We Hold Every Negligent Party Accountable
Truck accidents cause some of the most catastrophic injuries on New York roads, and the claims that follow are far more complex than an ordinary car accident case. At Bornstein & Emanuel, P.C., we represent people seriously injured in collisions with tractor-trailers, delivery trucks, and other commercial vehicles throughout Nassau County, Queens, and the greater New York area. Our Nassau County and Queens truck accident lawyer investigates how the crash happened, identifies every party that may share fault, and fights for the full compensation you need to rebuild. There is never a fee until we recover for you.
Why Choose Bornstein & Emanuel, P.C.?
Truck accident claims are fought against large insurers and the lawyers who defend trucking companies, so you need a firm with the resources and resolve to match them. Since 1992, Bornstein & Emanuel, P.C. has focused exclusively on personal injury law, and we bring that singular focus to every truck accident case.
- Exclusive focus on personal injury law, with millions of dollars recovered in settlements and verdicts
- Trial-ready attorneys recognized by Super Lawyers and Lawyers of Distinction
- Free consultations and contingency representation, so there is never a fee unless we recover for you
- A legal team available 24 hours a day, seven days a week
- Spanish-speaking staff serving New York’s diverse communities
- Deep familiarity with the Nassau and Queens courts and New York’s no-fault insurance system
When you choose Bornstein & Emanuel, P.C., you are choosing a team that knows how to take on powerful trucking companies and pursue the full compensation you deserve under New York law. Contact us today to discuss your case with an experienced truck accident attorney who is ready to protect your rights from day one.
Who Can Be Held Liable for a Truck Accident in New York?
Unlike a typical two-car crash, a truck accident often has several potentially responsible parties. Determining who is liable requires investigating the driver, the company behind the truck, and the businesses that maintained or loaded it. Depending on how the crash happened, any of the following may share legal responsibility:
- The truck driver, for negligent, distracted, or fatigued driving
- The trucking company, for its drivers’ conduct and for negligent hiring, training, or scheduling
- A maintenance or repair contractor that failed to keep the truck roadworthy
- A cargo company that loaded the trailer improperly or overloaded it
- The manufacturer of a defective truck part, tire, or safety system
- Another motorist who contributed to the cause of the crash
Holding the right parties accountable often means the difference between a partial payout and a recovery that covers your full losses. We work to identify every source of compensation, including a car accident claim against other drivers when more than one vehicle was involved.
How Are Truck Accident Cases Different From Car Accident Claims?
Commercial trucks are governed by the Federal Motor Carrier Safety Regulations, a layer of federal law that does not apply to ordinary drivers. These rules create safety duties that, when violated, can help establish a carrier’s negligence.
Truck drivers face strict federal limits on how long they can stay behind the wheel, including a daily driving cap and required rest breaks meant to prevent fatigue. Trucking companies must also keep their trucks in safe operating condition through systematic inspection, repair, and maintenance.
Modern trucks carry electronic logging devices that record a driver’s hours of service, and many also have systems that capture data such as speed and braking. This data can be decisive, but it is controlled by the trucking company and can be overwritten or lost if it is not preserved quickly. The sooner we get involved, the sooner we can demand that this evidence be saved.
Does New York’s No-Fault Law Apply to Truck Accidents?
Yes. Because trucks are motor vehicles, New York’s no-fault insurance system applies. Your own no-fault coverage pays basic medical expenses and a portion of lost earnings, up to $50,000 in total, regardless of who caused the crash. To step outside no-fault and pursue the at-fault parties for pain and suffering, however, you must show that your injuries meet New York’s serious injury threshold.
A serious injury includes death, a fracture, significant disfigurement, the permanent or significant limitation of a body function or system, or an injury that prevents your usual daily activities for at least 90 of the 180 days following the crash. Truck collisions frequently cause exactly these kinds of catastrophic harm, from traumatic brain injuries to spinal cord injuries. We document the full extent of your injuries to protect your right to full compensation.
What Compensation Can You Recover After a Truck Accident?
Victims of serious truck accidents in New York may be entitled to both economic and non-economic damages, including:
- Past and future medical treatment and rehabilitation
- Lost wages and reduced earning capacity
- Pain and suffering and emotional distress
- Permanent disability and loss of enjoyment of life
- Wrongful death damages for families who have lost a loved one
New York follows a pure comparative negligence rule, which means that being partly at fault does not bar your recovery. Instead, your compensation is reduced in proportion to your share of the fault, so even a driver found mostly responsible can still recover a portion of their damages.
How Long Do You Have to File a Truck Accident Claim in New York?
In most cases, you have three years from the date of the crash to file a personal injury lawsuit in New York. If a government-owned vehicle was involved, such as a municipal or transit truck, the deadlines are much shorter. You generally must file a formal notice of claim within 90 days and bring suit within one year and 90 days. Claims for the wrongful death of a loved one must generally be filed within two years of the date of death.
Because key evidence can disappear and these deadlines are strict, it is wise to speak with an attorney as soon as possible after a truck accident.
Talk to a Nassau County and Queens Truck Accident Attorney Today
If you or someone you love was hurt in a truck accident, the trucking company’s insurer is already working to limit what it pays. Bornstein & Emanuel, P.C. will investigate the crash, preserve the evidence, and fight for everything you are owed. Contact our Garden City office today for a free consultation. There is never an attorneys’ fee until we recover for you. ¡Hablamos Español!
Frequently Asked Questions
Should I talk to the trucking company’s insurance adjuster?
You are not required to give a recorded statement to the at-fault party’s insurer, and it is usually best not to before speaking with an attorney. Adjusters are trained to find reasons to reduce or deny claims, and an offhand comment can be used against you. Politely decline and let your lawyer handle those communications.
What evidence matters most in a truck accident case?
Electronic logging device data, the truck’s event recorder, the driver’s hours-of-service logs, vehicle maintenance records, and the carrier’s hiring file are often decisive. Much of this evidence is held by the trucking company and can be lost quickly, which is why prompt action to preserve it is so important.
What does it cost to hire a truck accident lawyer?
We handle truck accident claims on a contingency fee basis. You pay nothing up front, and there is never an attorneys’ fee unless we recover compensation for you. Your initial consultation is always free.
