Brooklyn Truck Accident Lawyer

Commercial trucks are large, heavy vehicles that pose significant risks in the event of an accident. According to the NYPD, Brooklyn accounts for around one-third of all commercial vehicle accidents in New York City, many of which result in fatalities or serious injuries.

The knowledge and experience of an experienced Brooklyn truck accident lawyer are crucial in these situations.

Victims of truck accidents may suffer injuries ranging from minor to severe, with potential long-term consequences. If the truck driver’s negligence caused the accident, victims might be eligible for compensation for their injuries, damaged property, and medical expenses.

Consulting with an experienced legal team like the CEO Lawyer Personal Injury Law Firm can be a lifesaver for those affected. They offer risk-free consultations to help you understand your options and build a strong personal injury case.

How Do I Find a Brooklyn Truck Accident Attorney Near Me?

At the CEO Lawyer Personal Injury Law Firm, we are committed to the Brooklyn community. We offer virtual consultations and personalized in-person meetings to clients residing in Brooklyn, ensuring accessibility for those impacted by trucking accidents.

We recognize how difficult it can be to choose a commercial truck accident lawyer, so we aim to be your main point of contact. Depending on what works best for you, you can meet with our attorneys virtually, in your home, hospital room, or accident scene.

Call our experienced Brooklyn truck accident lawyers if you’re considering your options. They have the expertise to manage difficult circumstances.

To discuss your legal options or to arrange a free initial consultation and case evaluation, please contact our Brooklyn truck accident attorneys at (516) 689-1132 or fill out our online contact form.

What Can Our Brooklyn Truck Accident Law Firm Do for You?

Hiring the CEO Lawyer Personal Injury Law Firm can be highly beneficial if you’ve been involved in a truck accident. Here’s what they can do for you:

• Investigate the Accident: A Brooklyn personal injury lawyer can meticulously gather and analyze evidence, such as police reports and witness statements, and even reconstruct the accident scene to establish the cause of the crash.
• Determine Liability: Your lawyer will identify the liable parties based on the evidence collected. These could be the truck driver, the trucking company, the manufacturers of the truck or its components, or other involved entities.
• Negotiate with Insurance Companies: Lawyers are skilled at negotiating with insurance companies to ensure you receive appropriate compensation for injuries, medical costs, lost wages, and other damages.
• Represent You in Court: If negotiations don’t lead to a fair settlement, your lawyer will represent you in court, advocating to protect your rights.
• Provide Support and Guidance: A truck collision can have terrible aftermaths. Your lawyer will provide emotional support and guidance to help you deal with the situation and make the legal process less stressful.

Truck Accident Facts:

Trucking companies and their drivers have critical responsibilities to maintain safety for themselves and others on the roadways. Here are some updated statistics concerning truck accidents:

• Annually, the United States sees around 500,000 accidents involving trucks.
• In 2023, trucks exceeding 10,000 pounds were involved in 3,864 fatal accidents in the U.S.
• In the same year, 52% of fatalities from truck collisions occurred on major roads that are not interstates or freeways, while 32% occurred on interstates and freeways and 15% on minor roads.
• Most fatal truck accidents, 66%, happen during daylight hours.

Common Causes of Truck Accident

Truck accidents in Brooklyn, NY, can result from various factors, including negligence by both the driver and the trucking company. Here are some of the most common causes of truck crashes:

• Understaffing and Negligent Hiring

Trucking companies in Brooklyn often face understaffing issues, compelling them to overextend their current workforce and sometimes hire less qualified drivers. This practice, known as negligent hiring, can place inexperienced or underprepared drivers on busy roads, increasing the risk of accidents. Furthermore, companies might push drivers to work beyond the legal hours of service limits to cope with staffing shortages, exacerbating the risk by promoting fatigue and decreased driver alertness, thereby raising the likelihood of crashes due to poor judgment or delayed reactions.

• Equipment Failure

The rise in the number of trucks navigating Brooklyn’s streets includes many that are not new and lack essential maintenance. Older and poorly maintained trucks are prone to equipment failures, such as brake malfunctions or tire blowouts, creating significant road safety hazards. These mechanical issues can lead to loss of control, resulting in severe accidents. Regular maintenance and checks are critical, but in their absence, the compromised safety of these vehicles poses a high risk not only to the truck driver but also to other road users.

• Improper Cargo Loading

Properly securing and balancing cargo is vital for safe truck operation. Improper loading practices can lead to cargo shifting during transit, which significantly affects the handling of the truck. Such shifts can increase the likelihood of rollovers, sway incidents, or even jackknife accidents, especially under abrupt maneuvers or in challenging driving conditions. Ensuring that cargo is evenly distributed and secured is essential to minimize these risks and maintain stability on the road.

• Substance Abuse

The demanding schedules and long hours associated with truck driving in Brooklyn can tempt drivers to use substances like caffeine or stronger stimulants to stay alert. While caffeine is legal, the use of prescription medications not intended for alertness or illegal drugs and alcohol can impair a driver’s ability to operate a vehicle safely. These substances can alter perception, reaction times, and decision-making abilities, dramatically increasing the risk of accidents and legal liabilities for the drivers involved.

• Driver Fatigue

Driver fatigue is a critical issue exacerbated by violations of regulated driving hours. Truck drivers in Brooklyn are often pressured to deliver goods quickly, leading them to drive beyond the legal limits for hours in a single stretch or within a week. This fatigue undermines their concentration and reaction capabilities, significantly elevating the risk of accidents. Adhering to hours-of-service regulations is not just a legal requirement but a critical safety measure for reducing the likelihood of fatigue-related incidents.

• Inadequate Surveillance

A common factor in truck accidents is inadequate surveillance, where drivers fail to effectively monitor their surroundings. This includes not checking blind spots, neglecting to observe proper lookout when pulling out from stops, or changing lanes without adequate clearance. Such oversight is particularly dangerous in densely populated areas like Brooklyn, where interactions with smaller vehicles, cyclists, and pedestrians are frequent. Proper training and vigilant driving practices are essential to prevent these accidents.

• Distracted Driving

Distracted driving remains a significant hazard for truck drivers in Brooklyn. Using mobile phones, navigation systems, or other distractions violates traffic laws and diverts attention from road conditions. A momentary lapse in concentration—looking away from the road for just a few seconds—can lead to missed signals, wrong turns, or unnoticed road hazards, potentially resulting in catastrophic accidents. Maintaining focus on the road is imperative for safe driving and avoiding preventable incidents.

Misconceptions About Truck Capabilities in Adverse Conditions

When you’re involved in a truck accident during adverse weather conditions such as heavy rain or snow, you might initially believe it was merely an unfortunate incident without anyone at fault. However, this isn’t always the case; truck drivers are frequently still accountable for accidents. Even under challenging weather conditions, our truck accident attorneys can advocate for your right to compensation.

Truck drivers often misjudge their vehicles’ capabilities, recklessly navigating through ice, snow, and slippery roads as if they were clear. This misconception can lead to severe accidents, as trucks, like all vehicles, require adjusted driving techniques under such conditions.

For example, if the posted speed limit is 40 mph, maintaining that speed in harsh weather conditions may not be safe or legal. Laws and safe driving practices mandate reduced speed to accommodate weather-related road conditions.

This is particularly critical on inclines, sharp bends, or congested urban areas like Brooklyn. If truck drivers fail to adapt their driving accordingly and cause an accident, they may still be liable.

While issues such as uncleared roads might occasionally contribute to an accident, pursuing legal action against governmental entities for not plowing can be challenging.

Most Common Injuries in Truck Accidents

Learning the most common injuries from truck accidents is vital for both recovery and legal claims.

Here’s a guide to the injuries typically sustained in such accidents:

• Soft Tissue Injuries: These injuries include strains, sprains, and whiplash. Victims often experience pain, stiffness, and limited mobility which can significantly impact daily activities.
• Broken Bones: Fractures can vary widely in severity. Minor breaks might involve fingers, whereas more severe cases could involve the pelvis or other major bones, often requiring surgical intervention and lengthy rehabilitation.
• Head Injuries: Injuries to the head can range from mild concussions to severe traumatic brain injuries (TBIs). These injuries can affect cognitive functions, memory, and personality and might have long-term repercussions.
• Chest Injuries: These are critical and can include broken ribs, internal organ damage, and collapsed lungs. Such injuries demand immediate medical attention to prevent complications.
• Back Injuries: Damage to the back might lead to spinal cord issues, potentially causing partial or complete paralysis. The severity of back injuries can vary, but all require prompt and thorough medical evaluation.
• Internal Injuries: These include internal bleeding, punctures, or organ damage. Such injuries are often not immediately apparent, making early medical assessment essential.

We at The CEO Lawyer Personal Injury Law Firm know the many obstacles you must overcome after a truck accident. We are dedicated to offering you individualized support and sympathetic representation in court to get you through these difficult situations.

How Police Reports Can Be Used in Truck Accident Cases in Brooklyn?

In Brooklyn, when a truck accident results in significant vehicle damage or injuries, a police report is mandatory. This report is a critical document for legal proceedings, as it captures details of the incident, including the identities of those involved, the vehicles, the location, and often a diagram of the accident scene.

Additionally, it may contain witness contact information and photographs, which are invaluable for further investigation.

While a certified police report can be directly introduced as evidence in court, even an uncertified report is an important resource for attorneys. It helps construct a comprehensive understanding of the accident, which is crucial for building a solid case.

Furthermore, the report can assist in court by helping witnesses or police officers recall the event accurately, especially since officers deal with numerous cases and may not remember specific details without the report.

Moreover, statements recorded in the police report can be pivotal when there are discrepancies in testimonies. For instance, if a truck driver initially reported hearing a suspicious noise from their vehicle but later denies it, this contradiction can be highlighted in court.

By presenting these inconsistencies, lawyers can question the credibility of the testimony, potentially influencing the jury’s perception of the witness.

Most Common Areas In Brooklyn for Truck Accidents

In Brooklyn, commercial trucks, such as garbage and dump trucks, frequently weigh over 10,000 pounds and predominantly operate within local limits rather than at highway speeds. Despite their restricted speed, the substantial mass of these trucks can lead to significant damage and injuries when collisions with smaller vehicles.

Compared to other New York City boroughs, Brooklyn records the highest number of truck accidents, averaging around 200 incidents monthly. Certain areas within Brooklyn are particularly prone to these accidents.

Notable hotspots for commercial truck collisions include:

• 8th Avenue and Union Street
• 18th Avenue and 86th Street
• 19th Street and 5th Avenue
• 39th Street and 4th Avenue
• 57th Street and 8th Avenue
• Apollo Street and Meeker Avenue
• Atlantic Avenue intersects with Rockaway Avenue, Logan Street, and Utica Avenue.
• Arlington Avenue and Shepherd Avenue
• Avenue D and Remsen Avenue
• Bay Parkway and Cropsey Avenue
• Walworth Street and Willoughby Avenue
• Williamsburg Street and Wythe Avenue

Furthermore, industrial parks with distribution centers are also significant sites for truck accidents, which has led to community calls for traffic impact studies. For example, an alarming incident in Sunset Park’s Third Avenue resulted in six fatalities within a year, yet no substantial safety measures were implemented after that.

At The CEO Lawyer Personal Injury Law Firm, our commitment extends beyond legal representation for accident victims; we are dedicated to advocating for necessary safety improvements within the community. We strive to hold negligent drivers and companies accountable, ensuring they prioritize public safety. Our team of skilled Brooklyn truck accident attorneys is prepared to pursue justice and effectuate changes to enhance community safety.

Who Is Liable for a Brooklyn Truck Accident?

Under Title 3, Article II, §388 of New York’s Civil Liability statutes, drivers are held accountable for damages resulting from their negligent driving. It might seem straightforward to assume that truck drivers are entirely responsible for accidents, but the reality is more complex, particularly with commercial vehicles.

In truck accident cases, several parties may share legal responsibility, including:

• Truck Driver: Truck drivers can be liable for accidents due to negligent or risky driving behaviors. Common causes include inadequate truck maintenance, failure to properly inspect the vehicle, and drowsy driving—often a breach of the Federal Motor Carrier Safety Administration’s Hours of Service regulations.
• Employer: If a truck driver acts within the scope of employment, the employer can be vicariously liable. This includes liability for negligent hiring, supervision, and entrustment, as well as the responsibility to install mandatory Electronic Logging Devices in company trucks.
• Truck Owner: Owners who lease or lend trucks can be held accountable for maintenance issues, vehicle defects, or failing to meet contractual obligations.
• Shipper: When cargo shifts trigger accidents due to improper loading, shippers or loading contractors can also be liable.
• Maintenance Contractor: If a truck accident is linked to negligent repair or maintenance, the contractor performing these services may share liability.
• Truck Manufacturer: Manufacturers can be held liable if defects in the truck or its components contribute to an accident.
• Government Entities: Local governments may be liable for accidents involving municipal vehicles like garbage trucks and other service equipment. Claims against government entities must typically be filed through the New York Court of Claims.

This shared responsibility means determining liability in truck accidents requires a comprehensive investigation of all parties involved.

What Damages Can a Truck Accident Victim in Brooklyn, NY Recover?

In Brooklyn, NY, victims of truck accidents can pursue compensation through three main types of damages: economic, general, and, in rare cases, punitive damages.

Economic Damages

Economic damages compensate the victim for quantifiable financial losses resulting from the accident. These are typically straightforward to calculate and may include:

• Lost income: Compensation for wages lost due to the inability to work following the accident.
• Diminished earning capacity: If the injury affects the victim’s ability to earn income in the future.
• Medical expenses: Includes physician fees, hospital costs, medications, and any medical-related expenses.
• Ongoing care costs: For injuries requiring long-term or permanent care, costs might include physical therapy, mental therapy, medical transportation, and home care services.
• Mobility aids and home modifications: Costs for mobility devices and necessary modifications to the home to accommodate disabilities.
• Funeral expenses: In the case of fatal accidents, the costs of funeral and burial services.

An economic expert is often required to project future costs for ongoing treatment or permanent disabilities.

General Damages

General damages address the non-economic impacts of an accident, which are more subjective and can vary greatly between individuals. These include:

• Pain and suffering: Compensation for physical pain and discomfort endured due to the injuries.
• Emotional distress: Covers the psychological impact of the accident, such as anxiety, depression, and trauma.
• Loss of consortium: Relates to the impact on the victim’s relationships with their spouse and family.
• Loss of enjoyment of life: Compensation for the inability to engage in hobbies and activities that were enjoyed before the accident.
• Scarring and disfigurement: Covers the physical and psychological impacts of any scars or permanent changes to appearance.
• Permanent disability: Compensation for long-term disabilities resulting from the accident.

Punitive Damages

Punitive damages are awarded in exceptional cases where the defendant’s conduct was reckless, wanton, or malicious. These damages are intended to punish the defendant and deter similar behavior in the future.

An example might include a trucking company knowingly disabling safety features on their trucks, leading to an accident.

These categories help clarify the potential avenues for compensation for truck accident victims in Brooklyn, ensuring they are fully aware of their rights and possible legal recourse.

Speak With Our Truck Accident Attorneys in Brooklyn, NY Today!

Compiling thorough information is essential for submitting an accident claim after a car accident. The owner of the goods, the truck driver, the transportation firm, and the retail location anticipating the delivery are all potentially accountable.

Suppose you or someone close has been involved in a truck accident, whether as a pedestrian, motorist, or truck passenger; it’s essential to consult a specialized truck accident attorney. Our law firm, led by Ali Awad, has a good track record of securing compensation for clients injured in truck accidents.

His expertise covers federal and state trucking regulations, and he is experienced in constructing strong personal injury claims.

The CEO Lawyer Personal Injury Law Firm is committed to ensuring that all responsible parties are held accountable and that clients receive fair compensation for medical bills, pain and suffering, lost income, and potential future earnings. Contact the CEO Lawyer Personal Injury Law Firm at (516) 689-1132 for a free consultation to discuss your case.

FAQs:

• How Do I Prove Negligence After a Truck Accident in Brooklyn?

To prove negligence after a truck accident in Brooklyn, it’s important to gather and analyze various types of evidence. This includes the trucking company’s hiring practices and internal records, driver logs, maintenance records of the truck, cell phone records, results from NTSB and police investigations, any related citations or arrests, data from the truck’s black box, and drug and alcohol screening results for the driver. Additional evidence can come from surveillance footage, dashcams, traffic cameras, and witness statements. Our Brooklyn truck accident lawyers will conduct a thorough investigation to establish fault.

• Is The Truck Company Or Driver Responsible For An Accident Caused By Intoxicated Driving?

In intoxicated driving cases, the truck driver and the trucking company can be held responsible. The driver is at fault for operating the vehicle while intoxicated. However, if the trucking company failed to conduct proper screening and training, they might also bear some responsibility. If the driver had a history of similar offenses, it could be argued that the trucking company should not have employed them, making the company partially liable for the accident.

• What Laws Apply To Truck Accidents In Brooklyn?

Truck accidents in Brooklyn are governed by federal, state, and local laws. Regulations from the Department of Transportation and the Federal Motor Carrier Safety Administration apply, as well as New York state laws and any specific local ordinances. Determining which laws are relevant in a particular accident or truck case typically requires consulting with a truck accident lawyer familiar with these various regulations and how they might impact the case.