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With over 130 videos of crucial information related to your New York DWI & Personal Injury Case!
What makes a truck accident different than
a car accident?

THERE ARE SEVEN "BIG" REASONS WHY A TRUCK CASE IS DIFFERENT:

1. Number of potential defendants & legal theories of fault

Car accidents usually have only the driver of the car as the one defendant. This is the party to blame and/or to sue. There may be additional liability on the part of the owner of the vehicle. Relatively simple, and commonly litigated.

In contrast, truck accident cases generally have many additional parties to blame and/or who share fault for the accident. In addition, these multiple defendants may be from many states. The number of potential parties to hold liable is huge.

They are the Broker, the Shipper, the loaders, the Carrier, the Driver, the Lessor of the equipment, the Renter of the equipment, the Manufacturers of the equipment, and/or the Equipment inspectors, maintainers, and the repairers.

We can also have multiple owners, lessors, and/or renters because there are the truck and/or the trailer (s). Each may be owned, operated, leased, and/or rented separately.

Car accidents are generally brought based sheerly upon driver negligence. This is very cut and dried. Not so with truck cases, the number of theories of liability (legal fault) ranging from negligent hire, to negligent supervision, to negligent retention, to negligent driving, to negligent packing, to negligent inspecting, to negligent repair, defective manufacture, and/or negligent maintenance.

2. Car accident lawsuits are typically brought in a local state court.

Truck accident lawsuits can wind up in a local state and/or Federal court. This is because the owners, lessors, the renters, and/or the common carrier of the truck and/or trailer may be based in different states or even a foreign country like Canada.

3. Typically Car accidents are typically rear end collisions involving two vehicles.

Truck accidents occur primarily from lane changing, and may involve multiple vehicles. Sideswiping and cutting off drivers on lane change maneuvers is typical because trucks have "NO ZONES." These are large areas around the truck where the truck driver has "NO VISION." These are also referred to as the driver’s "BLIND SPOTS."

4. Car accidents are usually caused by driver error.

Truck accidents can be caused by driver error but additionally there can be mechanical issues, defective equipment, loading issues, and improper repair and maintenance issues. Statistically speaking a high percentage of trucks that are out on the road (in service) are in violation to varying degrees. When investigating a truck case it is more typical than not to discover brake, tire, wheel, and suspension issues contributed in some way to the crash.

5. Car accident cases may or may not have high amounts of bodily injury (ability to compensate an injured person for injuries) insurance coverage.  The New York State default coverage of $25,000 per person/$50,000 per event is low when there are serious damages.

In contrast, truck accident cases are covered under Federally imposed bodily injury insurance. This mandatory coverage ranges from $750,000 to the millions depending upon the number of defendants, the type of cargo being hauled, and the companies involved.

6. Car accidents involve "amateur" drivers who are held to lower standards.

Truck accident cases involve "professional" drivers. These are men and women who drive for a living, as their profession. They typically drive over a hundred thousand miles a year or more, they hold a CDL (commercial driver license), they should have the proper endorsements to drive and haul specific types of trucks and cargo, are must be highly trained on the rigs they are assigned, they have training and understanding of all of the truck and trailers mechanical systems, they must be able to inspect all these systems and detect problems, they are regularly drug and alcohol tested, they have to log and document every hour of every week they work, they are ultimately responsible for daily vehicle inspections and upkeep, and are certified annually to be healthy enough to drive for long periods and distances.

7. A car accident claim generally does not require the use of an accident reconstruction expert or an investigator.

Liability in a car accident case is usually seen in a reading of a police report.
Truck accidents cases require a full investigation into all potential sources of liability (fault). This may involve hiring experts in accident reconstruction, truck equipment and operation. This is especially important in New York State because of the Law of Comparative Negligence (all responsible parties can be assessed, apportioned, and held accountable for fault).

Great Questions to ask following any truck accident:

  • Were there any driving violations on the part of the driver?

  • Were there any State and/or Federal law violations for “hours-of-service and/or duty status?”   Truck drivers have to log and account for all their hours both on and off the job.

  • Was the driver properly (CDL) licensed?

  • Was the driver properly (proper for the cargo and rig) endorsed?

  • Was the driver qualified, trained, and experienced (background check) to drive that type of truck?

  • Did the driver have their Medical Examiner’s certification proving “physical and mental fitness” to drive?

  • Did the driver have all necessary medical waivers for their medical conditions?

  • Was the truck and trailer properly inspected, repaired, and maintained?

  • Was there documentation of the all the equipment’s periodic inspections?

  • Were the brake systems on both tractor and trailer in proper working order?

  • Were the rims, wheels, and hubs within Federal guidelines for safety?

  • Were the tires within Federal guidelines for safety?

  • Were the coupling devices within Federal guidelines for safety?

  • Were the suspension parts in safe working condition?


Can I Collect Money Damages Even If I’m at Fault for a Truck Accident?

Yes, New York is a Pure Comparative Negligence state. Pure comparative negligence gives you the right to be compensated even if you are partially to blame for the accident. For example, if you are 60% at fault then you can still be entitled to collect for 40% of your damages. Any and all parties involved in an accident could be partially to blame. Contribution to the accident could be spread among a number of people and companies

How is Fault Determined in a New York Truck Accident?

It is likely that the blame, liability, and fault for a truck, van and/or bus accident may not lie within one single solitary factor or party. It is far more likely that numerous failures and/or errors were on the part of the driver and/or company or many other parties could have contributed to the resulting event.

The two primary areas of fault that attorneys look to when evaluating and investigating New York truck accident are:

1. The driver and the driving;

OR

2. The Equipment.


Was There an Equipment Problem to Blame for Your Truck Accident?

In New York State in 2005:

The Commercial Vehicle Enforcement (CVE) Unit members:
•Weighed 112,901 vehicles,
•Conducted 57,601 commercial vehicle safety inspections,

And discovered 21,868 out-of-service violations for serious safety defects.

These trucks were so far “out of compliance” with Federal Regulations that they needed to be taken Out Of Service (O.O.S.) immediately due to danger from driving with unsafe equipment.

That’s a lot of trucks out of compliance.

All Trucks and equipment need to be Inspected, Repaired, and Maintained Systematically

Drivers and motor carriers are responsible for regular (systematic) inspection, repair, and maintenance of their trucks and trailers. Carriers have to have a written policy or plan in place for keeping up with the mechanical systems of every truck they own and operate. This scheduled maintenance has to be in relationship to amount of driving (wear and tear) placed upon the truck and equipment. Trucks that get more activity require higher levels (more frequent) inspection, repair, and maintenance.

What is The Government’s Role in Safety Checks?

The purpose behind the Federal government enacting more stringent rules for those driving trucks, vans, and buses than cars was to ensure the safety of the state roads, U.S. Highways, and Interstate Highways in New York. These laws are enforced by special agents of the Motor Vehicle Transportation’s Office of Motor Carrier Compliance. In 1997, the New York State Police consolidated three existing traffic safety details - Motor Carrier Safety, HazMat, and Scales - into one unit, dedicated to removing unsafe trucks from the state's roadways: the Commercial Vehicle Enforcement Unit, CVEU. They are authorized by law to enter any and all commercial trucks being operated within the state of New York at any time and place. They will inspect the truck and driver to determine whether they are in compliance (see what is compliance) with law. They will review driver logbooks, inspect the truck, and check for any violations of New York and Federal law. An inspection report called a Form MCS 63 or Driver Compliance Check will be used to record all information gathered from these inspections.

If the truck is found to be out of compliance mechanically, for example because it’s brakes, tires, lights, reflectors, and/or suspension parts (mechanical condition) and/or load is likely to cause an accident, a breakdown, or is to create a hazardous condition on the road then the special agent will use Form MCS 64, and take the vehicle “Out of Service.” This is a serious violation. This violation will be reported and logged into the CDLIS (Commercial Driver License Information System). The driver of a truck that has been declared OOS (Out of Service) can have his/her CDL suspended as well because drivers and their companies are both responsible and accountable for the Inspection, Repair, and Maintenance of all trucks operated under section 396.3. The truck will not be allowed back into service until all noted problems are repaired. This record of repair will become a permanent part of the truck and carrier’s file. It must be logged and certified before the truck will be allowed back into service.  

Questions to ask:

  • Was the truck properly inspected, repaired, and maintained?

  • Was there documentation of the equipment’s periodic inspections?

  • Were the brake systems on both tractor and trailer in proper working order?

  • Were the rims, wheels, and hubs within Federal guidelines for safety?

  • Were the tires within Federal guidelines for safety?

  • Were the coupling devices within Federal guidelines for safety?

  • Were the suspension parts in safe working condition?

If I Suffer Injuries from a New York Truck, Van, or Bus Accident am I Covered by Insurance?

There are four main types of auto insurance coverage in New York State.

1. Insurance that covers property damages (pays to fix or replace a car).
2. Insurance that pays for medical bills and lost wages.
3. Insurance that pays for injuries (bodily injuries, pain and suffering, loss of enjoyment).
4. Insurance that pays for death.

To drive a car in New York State you must have liability insurance. Insurance coverage must be a minimum of $25,000 per person/50,000 per accident or occurrence for injury, $50,000/100,000 for death, and $10,000 for property damage caused by any one accident. New York is a no-fault state.

You could be severely injured by a New York driver, and be able to collect minimal damages for your injuries because they only have the minimum 25,000 per person/50,000 per accident, B.I. (bodily injury) insurance coverage. That is why we advise all New York drivers to buy additional U.M. (uninsured motorist) insurance coverage.

Quite often multiple insurance companies may be involved with a New York truck, van, or bus accident case. Fortunately under Federal and state law bus, van, and truck companies must have high amounts of B.I. (bodily injury) insurance coverage.

Companies that have commercial vehicles must comply with minimum levels of Federal Financial Responsibility. For those buses and vans carrying passengers; coverage can range from $750,000 to $5,000,000 depending on the number of passengers.

Mandated insurance coverage is fairly extensive for all commercial vehicles. The limits of coverage are dependent on the type of vehicle and the specific cargo it is moving.

If fault (liability) is contributed from a number of sources (ie. driver, maintenance, equipment) then multiple insurance policies may provide compensation for the same event.

What Kinds of Compensation Can I Collect for a New York Truck Accident Case?


Typically there are three areas of compensation:

  • Medical bills and expenses (future and current)
  • Wage loss (future and current)
  • Human losses (physical pain and suffering, loss of enjoyment of life, emotional distress, disfigurement) if the New York threshold is met.

If you are pursuing a wrongful death claim on behalf of a loved one killed in a commercial accident case then you may also receive compensation for the following:

  • Funeral expenses
  • Lost economic support (contribution)
  • Loss of care and companionship