Truck

Truck Accident Lawyer

An accident involving a truck can be devastating for victims, often resulting in serious injury, emotional pain, and even death.

Our truck accident lawyers help clients in New York recover the compensation they deserve.

Find out how the Law Office of Michael H. Joseph, PLLC in New York City, NY, can help you.

Book a Free Case Review Now Contact the Law Office of Michael H. Joseph, PLLC, Today

Our New York City truck accident attorneys can provide the legal counsel you need in order to achieve justice. If you or someone you love was involved in a truck accident, please contact our firm today. We provide free case reviews, and if we decide to take your case, you pay nothing unless and until we win.

Request an appointment with a truck accident lawyer at our Manhattan or White Plains, NY, office locations by calling:

Manhattan (NYC): (212) 858-0503

White Plains: (914) 574-8330

"He did an outstanding job."

1

LAWRENCE NEF

2022

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Michael Joseph is the best personal injury attorney I could have chose for my case. Michael is extremely talented technician and an outstanding attorney. I was blessed to have chosen Michael Joseph as my personal injury attorney. He did an outstanding job and fought hard, to get me the most money I deserved for my case. 

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jennifer altieri

2022

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I found the Law Office of Michael H. Joseph, PLLC to be extremely professional. Mr. Joseph and his staff worked swiftly to settle my case with very successful results. Mr. Joseph also responds to texts quickly. I highly recommend this law firm to handle personal injury needs. Thank you for assisting me and my family.

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State and Federal Trucking Regulations

Strict laws govern trucking practices in an effort to maintain safety on the roadways. Our truck accident lawyers can identify violations of regulations imposed in New York by:

The Federal Motor Carrier Safety Administration

In general, the state of New York abides by Title 49 of the Code of Federal Regulations set forth by the Federal Motor Carrier Safety Administration (FMCSA). These regulations encompass everything from the required records of commercial trucking companies to safe driving practices. The law is designed to prevent businesses from hiring unqualified or unsafe vehicle operators and minimize errors that can lead to accidents. 

The New York State Department of Transportation

The New York State Department of Transportation outlines some specific exceptions to the FMCSA regulations and expands on some areas to better protect drivers in the state. Municipalities like New York City also have additional rules and regulations that govern large trucks and commercial vehicles. For example, NYC prohibits the access of commercial vehicles on parkways and segments of roads like Fifth Avenue and Park Avenue. 

Common Causes of Truck Accidents

Sad Truck Driver

Unqualified Drivers

Though the Federal Motor Carrier Statute has strict regulations concerning the qualifications of commercial trucking employees, unqualified drivers still make it out onto the road. All commercial truck drivers must have a valid health certificate issued by a doctor, no history of fainting or seizures, and not be on medication that causes drowsiness. Unfortunately, some drivers are dishonest in their medical evaluations and illegitimately pass the screening. Meanwhile, the industry currently has fewer and fewer job applicants, leading some commercial trucking companies to cut corners.

Speeding Truck

Speeding

Poor judgment and demanding trucking schedules continue to push big rig drivers to take unnecessary risks. While it is always dangerous to speed, it can be especially catastrophic for semitrucks and other large vehicles. Because of their size, it takes longer to slow a truck, leading to more frequent collisions if traveling at fast speeds. Furthermore, the high center of gravity increases the risk of fatal accidents like rollovers. If speeding played a role in your case, our New York City truck accident attorneys can work with reconstruction experts to help prove the fault of the truck driver.

Tipped over truck

Overloading & Unsecured Cargo

Trucks that exceed cargo-carrying limitations are at higher risk for tire blowouts and tipping over due to the excessive weight. The consequences can be severe (if not fatal) for both the driver and others on the road. Regardless of the weight, all types of cargo must be properly packed and secured with even weight distribution. Failure to do so can result in a trucking accident, particularly if the vehicle needs to make a sharp turn or sudden stop. Furthermore, unsecured cargo may fall out of a truck, creating dangerous obstacles for other drivers.

Person checking truck tires

Improper Maintenance

Truck drivers and trucking companies are required to inspect and maintain their vehicles, keeping them in a condition safe for the road. When the owners and operators take shortcuts during inspections, they increase the likelihood of a truck accident. Commercial trucks are not the only vehicles subject to these regulations. Box trucks, tractor-trailers, and other privately owned large trucks must be properly maintained, or the owner can be held responsible for resulting damage and injuries. 

Tired truck driver

Truck Driver Fatigue

Truck driver fatigue is one of the main causes of accidents that result in serious personal injury and wrongful death. The Federal Motor Carrier Statute limits the number of hours a driver can operate a truck continuously and requires break periods to make sure that drivers remain alert. Fatigue can cause poor observation of road conditions, slower reaction time, increased violation of traffic laws, and other errors that can cause serious truck accidents.

Whether you were injured because of a truck that was speeding, an inattentive driver, or a truck that jackknifed or overturned, our personal injury attorneys can prove that the trucking company or any other responsible party was at fault. Our personal injury lawyers leave no stone unturned. An aggressive investigation is the cornerstone of our practice. Taking scene pictures and measurements, reviewing medical bills, having our investigators recover surveillance video, and interviewing witnesses are just some of the measures our New York truck accident attorneys will take, because thorough investigations win cases.

"They are winners."

1

Alex Mank

2022

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Mr. Michael Joseph is the best lawyer in NY States. He is very professional, knowledgeable, tenacious! He is one of the best! It was a big pleasure working with Mr. Joseph! My family recommend Law Office of Michael H. Joseph to anyone, who needs legal help! Thank you so much to Mr. Joseph for your work. Mankovetskiy family .

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Maria Correa

2021

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I want to thank the law office of Michael and Joseph, they handled my case that when I came to them I was told by previous counsel that I had no case, once the law office of Michael and Joseph seen my case they said I have a case and they could win it and that’s exactly what they did. Whenever I was concerned they responded very quickly. I would recommend them to anyone of my family and friends. They are winners and thank them for all they did for me!

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You Only Pay If We Win Your Case

Our New York City truck accident lawyers work on a contingency basis, meaning you only pay us if you win your case. And because we provide free initial consultations, you have absolutely nothing to lose by reaching out to us about your trucking accident.

The truck accident attorneys at the Law Office of Michael Joseph, PLLC are approachable. They will treat you like a real person rather than just another case. We don't pressure clients into positions and deals that go against their best interests. If your trucking accident case is complex, our lawyers can work through it and achieve a favorable outcome. 

Don't wait if you've been involved in a trucking accident. Send us a message or call:

(914) 574-8330

Lawyers

What to Do After a Truck Accident

Once the scene of the accident has been processed by the police and you have received medical attention, following these simple steps can help to ensure the success of your personal injury case:

Call a Lawyer

The sooner you reach out to an attorney, the better your chances of collecting the restitution you need and deserve. Our attorneys can meet you at home, in the hospital, or through a virtual consultation online. 

Defer All Questions to Your Attorney

It won't be long before insurance adjusters begin reaching out to you to discuss the accident. It is important to remember that these people are not here to help you—they are here to minimize their client's liability, and will not hesitate to twist your words in order to make it sound as if you are partially responsible for the accident. When you are contacted by insurance companies, tell them to speak to your lawyer.

Don't Skip Appointments

Injuries resulting from trucking accidents and any other type of collision on the road often take time to become apparent. Although you may feel fine now, you could eventually suffer significant losses due to an injury that took time to reveal itself. Doctors can detect these issues even when they are not immediately apparent to the victim, which is why you should never skip your medical appointments. These assessments also produce documentation that is crucial to your case.

Preserve Evidence

If you have pictures of the accident or any other documentation related to your case, make copies. Smartphones are incredible when it comes to collecting and preserving evidence, but they are easy to misplace or break. Upload these items to a cloud service, or simply email them to yourself in order to have a safe backup that you can easily share with your attorney.

Pedestrians in Trucking Accidents

Our New York City truck accident attorneys have handled many cases in which the accident involves a pedestrian. In a densely populated, busy area like New York City, dozens of pedestrians are injured or killed by large trucks every year.

Some of these truck accidents would never occur if companies and drivers abided by the law. New York City has put additional regulations in place to protect pedestrians, like the requirement for all commercial vehicles to have cross-over mirrors in the front cab of the truck. Our personal injury lawyers are well-versed in the rules governing large personal and commercial vehicles in the city, and will hold liable parties accountable for your damages. 

Pedestrians crossing while truck is right in front of them

Our Truck Accident Lawyers Are Here for You

Being the victim of a truck accident can leave you with devastating physical injuries, property damage, and other significant losses. Having an attorney in your corner can make it possible to navigate this very challenging setback and eventually rebuild your life. While you focus on healing, our New York City lawyers will deal with the truck driver, trucking company, and their insurance company. Contact us today to book your free case review.

Call: (212) 858-0503

"The highest quality in the business." 

1

Rian W

2020

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Mr. Joseph is a pleasant and understanding attorney that will fight hard to resolve disputes. His work product is of the highest quality in the business. He's willing to invest his time into cases so you will be in the best position to win.

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1

Gail Raghu

2020

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I will definitely recommend any one who is looking for a lawyer to hire Michael Joseph attorney at law. Michael Joseph was very professional and will work hard to get you the best outcome. I was a client and I’m very happy with the outcome! 

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Who Is Liable for the Truck Accident?
 
OUR ACCIDENT LAWYERS
KNOW HOW TO PROVE THE CASE 

Determining the cause of the truck accident is very important to building your case. Once our personal injury attorneys determine the cause, we can show who is financially responsible for the damage. There are several main parties our New York truck accident lawyers look at when we assign fault:

  • The driver
  • The trucking company
  • The truck or vehicle parts manufacturer
  • A truck maintenance worker
     

Negligent Actions That Can Cause a Truck Crash

Drivers behind the wheel of large commercial trucks have the capacity for causing far more damage than those driving smaller vehicles, which is why they must follow state and federal driving regulations as part of their job. A truck driver can be held liable if they keep driving under fatigue, fail to drive the speed limit, or do not act to stop a collision. Other actions that can be considered negligent on the part of the driver include: 

  • Speeding
  • Texting and driving
  • Failure to signal
  • Failure to yield
  • Drunk or drugged driving

In some cases, drivers are encouraged to be on the road longer than it is safe for them to be. In these cases, the trucking company and the driver may be considered liable for the accident. In other instances, a manufacturer's faulty truck part results in an accident. Our attorneys can identify the cause of your accident and hold the responsible party accountable.

Trucks on freeway

Meet With a New York Truck Accident Lawyer Today

If you or someone you love was the victim of a truck crash, you might be entitled to significant compensation. Our New York truck accident lawyers take on both personal injury and wrongful death claims and will be happy to meet with you to discuss your case. Reach out for a consultation at our Manhattan or White Plains office by calling:

(212) 858-0503

"Highest quality in the business." New York City Recommends Us

1

Rian W

2020

Google logo

Mr. Joseph is a pleasant and understanding attorney that will fight hard to resolve disputes. His work product is of the highest quality in the business. He's willing to invest his time into cases so you will be in the best position to win.

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1

Gail Raghu

2020

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I will definitely recommend any one who is looking for a lawyer to hire Michael Joseph attorney at law. Michael Joseph was very professional and will work hard to get you the best outcome. I was a client and I’m very happy with the outcome! 

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Pure Comparative Fault How State Personal Injury Law Affects Your Compensation

In truck crashes and other personal injury cases, each party is liable for its percentage of fault. The fault is split into a percentage that represents the share of responsibility a person had in the accident. For example, if one driver is 90% responsible for the accident, he is liable for 90% of the plaintiff's damages. 

New York is one of just 13 states that operate under pure comparative fault law, giving individuals the right to sue for damages regardless of their share of responsibility. This legal principle can be particularly beneficial for victims of trucking accidents and other high-value personal injury cases. Large trucks often cause more damage than they sustain, leaving other parties to bear the brunt of the financial burden. Fortunately, under pure comparative fault law, you can still recover compensation for your losses even if you are partially responsible for the accident. 

Car with broken bumper and a truck in the background

Our Awards 

Our truck accident lawyers have been recognized to be among the best personal injury lawyers in New York.

Respected Lawyers 2020 Award
AVVO rating 10.0 Michael Howard Joseph Top Attorney
Rated by Super Lawyers Michael H Joseph
National Association of Distinguished Counsel Nations Top 1% 2015. NADC
Avvo Rating 10.0 Superb Top Attorney Personal Injury

"Thank you for assisting me and my family." New York City Victims Can Turn to Us

1

chris wilmott

2022

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I was treated professionally and extremely happy with the ability Michael had on getting me the money I was owed. He is smart and efficient! I would use him again in a heartbeat. If he takes your case, you will be lucky!

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1

jennifer altieri

2022

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I found the Law Office of Michael H. Joseph, PLLC to be extremely professional. Mr. Joseph and his staff worked swiftly to settle my case with very successful results. Mr. Joseph also responds to texts quickly. I highly recommend this law firm to handle personal injury needs. Thank you for assisting me and my family.

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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.

Contact Us Today

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New York Office

18 W 33rd St
Ste 400
New York, NY 10001

Open Today 8:30am - 6:00pm

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White Plains Office

203 E Post Rd
White Plains, NY 10601

Open Today 8:30am - 6:00pm

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