Truck Accidents

Truck Accident Lawyers Serving New York & New Jersey

If you’ve been hurt in a crash involving a tractor-trailer, delivery truck, or other commercial vehicle in New York or New Jersey, the severity of your injuries is probably far worse than what a typical car accident would have produced. A fully loaded tractor-trailer can weigh up to 80,000 pounds, while a passenger car weighs roughly 4,000, and that disparity in size and force means truck accidents produce catastrophic injuries at rates that far exceed those of collisions between passenger vehicles.

The legal landscape in truck accident cases is also different, because federal regulations, corporate defendants, and large insurance policies create complexity that does not exist in standard auto accident claims. At Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C., our New York and New Jersey truck accident lawyer has been pursuing claims against negligent drivers and trucking companies since 1975. Contact us for a free consultation.

Trusted truck accident lawyers with over 51 years of experience.

What makes truck accident cases more complex than car accident claims?

Truck accidents introduce multiple layers of regulation and liability that do not apply to ordinary motor vehicle crashes. The trucking industry is governed by federal rules administered by the Federal Motor Carrier Safety Administration, and these regulations cover driver hours of service, mandatory drug and alcohol testing, vehicle inspection and maintenance requirements, cargo securement standards, and minimum insurance thresholds. Violations of these rules are common in the industry, and they frequently contribute to serious crashes.

Beyond federal regulations, truck accident cases often involve multiple defendants because the driver, the trucking company, the vehicle or parts manufacturer, the cargo loading company, and the maintenance provider may all share some degree of responsibility for what happened. Trucking companies carry large insurance policies of $1 million or more, and their insurers deploy experienced defense teams whose primary objective is to minimize the carrier’s exposure. These cases demand attorneys who know how to investigate quickly, preserve critical evidence including electronic driver logs and onboard data recorders, and litigate effectively against well-funded corporate defense teams.

Types of Truck Accident Cases We Handle in New York and New Jersey

Commercial vehicle crashes happen in many ways, and the type of collision often determines both the injuries and the legal theories available. Our firm handles a range of truck accident claims across both states.

• Rear-end truck collisions. When a commercial truck rear-ends a passenger vehicle at highway speed, the smaller vehicle can be crushed or pushed into oncoming traffic, and these crashes are frequently caused by driver fatigue, distraction, or following too closely in violation of federal hours-of-service regulations.
• Jackknife accidents. When a truck’s cab and trailer fold into a V-shape, the driver loses directional control and the trailer can sweep across multiple lanes of traffic, causing chain-reaction crashes that injure several motorists in a single event.
• Underride accidents. A passenger vehicle slides underneath the rear or side of a truck trailer, and these crashes are among the deadliest because the top of the smaller vehicle is sheared off at the level of the passenger compartment.
• Lost load accidents. Improperly secured cargo that falls from a truck creates immediate road hazards for every vehicle following behind, and federal cargo securement standards exist specifically to prevent these incidents.
• Wide-turn accidents. Trucks making right turns often swing wide into adjacent lanes, striking vehicles, cyclists, or pedestrians who are positioned alongside or behind the truck where the driver cannot see them.
• Tire blowouts. When a truck tire fails at highway speed, the driver may lose control and the debris from the blown tire can strike following vehicles, and inadequate tire maintenance and defective tires are common contributing factors.

Why Choose Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. for Truck Accident Cases in New York and New Jersey?

Aggressive Advocacy Against Trucking Companies

Trucking companies send their own investigators and attorneys to the scene within hours of a serious accident, and their goal from the first moment is to minimize their liability and reduce what they ultimately pay. We match that intensity and have recovered millions of dollars for injury victims across New York, NY and New Jersey, NJ, including a $9.2 million construction site verdict, seven-figure medical malpractice recoveries, and substantial settlements in motor vehicle accident cases involving commercial vehicles.

Barry S. Kantrowitz brings over 40 years of trial experience to truck accident litigation, holds an AV Preeminent rating from Martindale-Hubbell, and is a member of The National Trial Lawyers. He has been repeatedly named a Super Lawyer in New York, is licensed in New York, New Jersey, and Florida, and earned his J.D. from Boston University School of Law.

Kate Carballo focuses on personal injury litigation and is a Certified Civil Trial Attorney designated by the New Jersey Supreme Court. She is a member of the American Association for Justice.

Our personal injury lawyer in New York and New Jersey understands federal trucking regulations and know how to hold carriers accountable for the violations that cause crashes.

“KGG was originally recommended to me by 2 family members who spoke very highly of their firm. I have found them to be a group of immensely experienced and extremely personable attorneys that I have in turn recommended to family and friends when searching for an talented attorney. I don’t believe you will find a better firm in Rockland County so I highly recommend contacting them if you need help.” — Ryan Pafumi

Understanding Truck Accident Cases

Damages, Liability, and Compensation for Truck Accident Cases

When an 80,000-pound tractor-trailer hits a 4,000-pound sedan, the occupants of the smaller vehicle absorb forces that the human body is not designed to withstand. Spinal cord injuries that result in paralysis, traumatic brain injuries that alter cognitive function permanently, crushed extremities that require amputation, and internal organ damage requiring emergency surgery are outcomes that accident reconstructionists and trauma surgeons see regularly in commercial vehicle crashes. The medical costs in these cases frequently exceed $500,000 within the first year alone, and the lifetime cost of care for a spinal cord injury can surpass $4 million according to published medical estimates.

Your claim extends well beyond medical bills. If you earned $75,000 a year and the injury ends your career at age 40, you are looking at more than $1.5 million in lost lifetime earnings before accounting for raises, benefits, and retirement contributions. The pain itself, the inability to do the things that gave your life meaning before the crash, the toll on your marriage and your relationships with your children are all losses that juries in New York and New Jersey can put a dollar value on.

The trucking company usually bears significant responsibility alongside the driver. Under respondeat superior, the employer is liable for accidents caused by its drivers acting within the scope of employment. But the company’s own conduct matters too. If the carrier hired a driver with a history of violations, ignored electronic log data showing the driver regularly exceeded hours-of-service limits, or pressured drivers to skip mandatory rest breaks to meet delivery schedules, that is independent negligence by the company itself. Equipment manufacturers and maintenance contractors may also share fault when defective parts or deferred repairs contributed to the crash.

Important Aspects in Your Truck Accident Case

Trucking companies send investigators to the scene within hours of a serious crash, and their job is to build a defense before you have even been discharged from the hospital. The truck’s electronic logging device captures data about speed, braking, and how many hours the driver had been behind the wheel before the crash, but that data can be overwritten if no one sends a legal preservation demand. Your attorney needs to send that demand as soon as possible, ideally within the first 48 hours.

The driver’s personnel file at the trucking company tells a story that the company would rather you never see. It contains the driver’s hiring records, training history, past violations, drug and alcohol test results, and any disciplinary actions. If the company hired a driver with a pattern of hours-of-service violations or a failed drug test on their record, that goes directly to whether the carrier was negligent in putting that driver on the road. Federal Motor Carrier Safety Regulations at 49 CFR Parts 390-399 set minimum requirements for all of these areas, and many carriers treat those minimums as suggestions.

Vehicle maintenance records are equally revealing. If the truck’s brakes were due for inspection 10,000 miles ago and the company deferred the work to keep the truck generating revenue, that decision is evidence of corporate negligence beyond the individual driver’s conduct.

Truck Accident Case Timeline

Truck accident cases in New York, NY and New Jersey, NJ are typically more complex than passenger vehicle cases and require more time to investigate and litigate because of the involvement of corporate defendants, federal regulations, and multiple insurance policies.

• Emergency medical treatment and stabilization is the first priority and may involve multiple surgeries and extended hospitalization depending on the severity of the injuries.
• Immediate investigation includes preserving electronic data from the truck, inspecting the vehicles, retaining an accident reconstruction specialist, and reviewing the trucking company’s safety records and compliance history.
• Your attorney files a claim or lawsuit within the statute of limitations, which is three years in New York and two years in New Jersey.
• Discovery includes depositions of the driver, the driver’s supervisor, the company’s safety director, and any third-party contractors involved in loading or maintaining the vehicle.
• Settlement negotiations or trial follow, and because trucking companies often have substantial resources to fight claims, we prepare every case as though it will go to a jury.

What to Bring to Your Truck Accident Consultation

To help us evaluate your truck accident claim, bring the following materials to your first meeting.

• The police accident report
• Medical records and bills from all treatment since the crash
• Photos of the accident scene, the vehicles involved, and your injuries
• Insurance information for all parties
• Any communication you have received from the trucking company or its insurer

Our consultation is free and confidential.

New York and New Jersey Legal Resources for Truck Accidents

New York

These resources can help you research New York and federal laws governing truck accident claims:

• New York State Unified Court System provides information on civil court filing deadlines and procedures for personal injury claims
• Federal Motor Carrier Safety Administration enforces federal trucking regulations including hours of service, driver qualifications, and vehicle maintenance standards
• FMCSA Regulations provides searchable access to the full text of 49 CFR Parts 390-399 governing commercial motor vehicle operations

New Jersey

These resources cover New Jersey truck accident law and commercial vehicle regulation:

• New Jersey Courts provides guidance on statutes of limitations and civil filing procedures for motor vehicle injury claims
• New Jersey Motor Vehicle Commission oversees commercial vehicle licensing and publishes information on commercial driver requirements in the state
• OSHA publishes safety standards for handling and transporting hazardous materials that apply to commercial trucking operations

Reach Out to Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. to Schedule a Consultation

If you or a loved one was hurt in a truck accident in New York or New Jersey, Kantrowitz, Goldhamer, Graifman, Perlmutter & Carballo, P.C. is prepared to fight for the compensation you deserve. Contact us today.