Tractor Trailer Crash Information By Michael Joseph on November 30, 2020

Our New York City and Westchester truck accident lawyers know all too well,  that truck accidents can result in serious personal injury and even death. Most deaths in large truck crashes are passenger vehicle occupants. The main problem is the vulnerability of people traveling in smaller vehicles. Trucks often weigh 20-30 times as much as passenger cars and are taller with greater ground clearance, which can result in smaller vehicles under-riding trucks in crashes. Also the disparity in weight between a commerial truck, such as a tractor trailer, a semi, box truck or other big rig, and a car, means that the mass of the truck alone generates significantly more force which is absorbed by a car that is impacted. 

Our New York truck accident lawyers also know that truck braking capability can be a factor in truck crashes. Loaded tractor-trailers take 20-40 percent farther than cars to stop, and the discrepancy is greater on wet and slippery roads or with poorly maintained brakes. This results in a lag between when the truck driver presses on the brake and when the truck comes to a stop. Truck driver fatigue also is a known crash risk. Drivers of large trucks are allowed by federal hours-of-service regulations to drive up to 11 hours at a stretch. Surveys indicate that many drivers violate the regulations and work longer than permitted.

The following facts are based on analysis of data from the U.S. Department of Transportation's Fatality Analysis Reporting System (FARS).

A total of 4,136 people died in large truck crashes in 2018. Sixteen percent of these deaths were truck occupants, 67 percent were occupants of cars and other passenger vehicles, and 15 percent were pedestrians, bicyclists or motorcyclists. The number of people who died in large truck crashes was 31 percent higher in 2018 than in 2009, when it was the lowest it has been since the collection of fatal crash data began in 1975. The number of truck occupants who died was 51 percent higher than in 2009.

Recently a 60-year-old died after truck crashes into his car in Midtown, Manhattan in New York City.  A 33-year-old man was driving a Western Star trailer truck east on West 34th Street around 8 a.m.in the morning — ignoring a steady red light — when he struck a 2015 Ford Mustang, heading north on Sixth Avenue, authorities said.

The truck driver remained on scene and was not arrested, police said.

One of the most frequent questions that our New York truck accident lawyers are asked is how much time do I have to sue after a truck accident. The statute of limitations to file a lawsuit after a motor vehicle accident depends of a few factors. In New York, the statute of limitations in nonfatal motor vehicle crashes is three years, but for a wrongful death case, the statute of limitations is only two years and in that time you have to have an estate representative appointed by the surrogate court.. If the accident involves a City of New York truck, a truck owned by a public authority such as the Metropolitan Transit Authority (MTA) or other municipal truck, like a garbage truck, the statute of limitations is only on year and ninty days, and you have to file a notice of claim within 90 days of the accident, and it is vital to start the process right away. If you have been involved in a truck accident, filing a claim as soon as possible ensures there will be enough time to conduct an adequate investigation to prove the case. No matter the type of vehicles involved in a truck crash, our NYC and Westchester truck accident  lawyers can fight for compensation for your injuries from day one.

Although the statute of limitations is the same for trucking accident cases, it is still imperative to act quickly if you have been involved in a crash. There are specific legal issues that must be addressed in trucking accident cases that do not arise in other motor vehicle crash cases. During a trucking accident investigation, and our truck accident attorneys can obtain the evidence to later prove that the truck was at fault. This may be the truck driver, maintenance workers or the trucking company. The truck driver’s training, knowledge, Commercial Vehicle Driver’s license and logbook will also be heavily scrutinized. In addition, your attorney will review the trucking rules and regulations to determine if the trucker complied with state and federal laws. Starting an investigation as soon as possible can ensure that evidence is obtained and preserved, such as photographs of the vehicle, which shows points of impact and the force of the impact. An early investigation often yields benefits, which will ultimately maximize the likelihood of a favorable result. Lastly, injuries sustained in trucking accident cases are often serious. The sooner you file suit the sooner you can fight for compensation for your injuries.

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The Law Office of Michael H. Joseph, PLLC

Law Office of Michael H. Joseph, PLLC

The Law Office of Michael H. Joseph, PLLC has been helping injured victims recover compensation for their injuries for over a decade. Our attorneys are members of several prestigious organizations, including: 

  • New York State Trial Lawyers Association
  • American Association for Justice
  • New York County Bar Association
  • Westchester County Bar Association

To request your free initial consultation with our team, call our New York City office at (212) 858-0503 or our White Plains office at (914) 574-8330. You can also request a case review online.

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