new york state trucking laws

Learn about New York state trucking laws, rules, and regulations in this article written by experts. 

New York Trucking Laws

common types of truck accidents

Commercial truck accidents are a serious concern on our highways, with hundreds of thousands of collisions occurring every year. These collisions often have devastating consequences as well as about 4,000 fatalities annually. Understanding the common causes and types of commercial truck accidents is crucial in preventing these incidents. 

What Are the Most Common Types of Commercial Truck Accidents?

How To Sue a Trucking Company

If you get into an accident with an 18-wheeler or commercial vehicle, you’ll likely need to be familiar with the personal injury laws and wrongful death regulations in your state. You may have several options to pursue financial compensation for your medical bills, lost wages, pain and suffering, and other damages. Whether the collision was with a trucking company or a third party, the lawsuit will be subject to the state’s (where the accident occurred) statute of limitations. This means that the person filing must take legal action within a specified period of time, or else the case is barred from court. 

what does truck insurance cover

This guide looks at the various types of trucking insurance policies available, what they cover, how insurance companies and courts determine liability in truck accidents, and what policyholders can expect to pay for coverage. 

Trucking Insurance: What's Covered and What Isn't

Truck accident lawsuit cost

Almost all accidents involving cars and semi-trucks result in injury or property damage to one or both parties. This article provides information about hiring an attorney, how much your lawsuit might cost, and legal resources that can assist you in recovering from your accident. 

How Much Will a Truck Accident Lawsuit Cost? [2023]

evidence in truck accident lawsuits

After a truck accident, determining liability is often the primary concern. There can be a lot of conflicting information when trying to figure out the next steps. This guide provides tips and recommendations for compiling compelling truck accident evidence when filing a claim for compensation.

Evidence and Liability in Semi-Truck Accidents

What Is the 34-Hour Reset Rule?

The 34-hour reset rule plays a pivotal role in the trucking industry, primarily enhancing safety. Its fundamental purpose is to mitigate the risks associated with driver fatigue. This regulatory measure mandates that once a driver has exhausted their allowable driving hours, typically 60-70 hours within a 7 or 8-day window, they must observe an uninterrupted rest period of a minimum of 34 consecutive hours. During this reset, drivers are strictly prohibited from engaging in work-related activities.

Average Settlements for 18-Wheeler Accidents [2023]

If you have found yourself left with financial and physical burdens as a result of an 18-wheeler accident, you can seek compensation through the legal system. This article will discuss some of the typical settlements seen in 18-wheeler accidents and the factors that influence the final settlement amount to provide a clearer picture of truck accident settlements. 

Hiring a truck accident attorney

If you've never hired a lawyer before, the process can be daunting. Truck accident victims may need a specialized personal injury attorney; here's how to hire one.

How to Hire a Truck Accident Attorney

What to do after a truck accident

This guide is a valuable resource for trucking accident victims, providing clear and concise instructions on what to do in the immediate aftermath of an accident and in the days and weeks that follow. 

What to Do After a Truck Accident: A Step-by-Step Guide

Call 311 to reach the New York Police Department (NYPD) for non-emergency concerns in Brooklyn, NY.

You may request a copy of the accident report you need at the Brooklyn precinct where the collision occurred within the first 30 days from when the report was filed. Alternatively, you can request a collision report online through the New York City Police Department’s Collision Report Retrieval Portal: <a href="https://collisionreport.nypdonline.org/">https://collisionreport.nypdonline.org/</a>.

Brooklyn and the rest of New York State have a statute of limitations of three years for personal injury, which includes truck accident suits. Meanwhile, wrongful death claims have a shorter time window of two years. Failure to file your lawsuit before the deadline expires could mean losing entitlement to any form of compensation from the at-fault party.

Yes, you may seek punitive damages following a truck accident in Brooklyn if you sustained catastrophic injuries or your loved one passed away due to the accident. Punitive damages are awarded by courts to punish the defendant for actions that go beyond and above negligence because of a grossly malicious act.

Gather and preserve as much evidence as you can on the scene of the accident in Brooklyn if you are physically and mentally capable to do so right after the incident. These pieces of evidence can come in the form of witness statements and contact information, as well as photos you took of the accident scene, including the damaged vehicles, weather and road conditions, the immediate surroundings, and your own injuries.

If an intoxicated truck driver causes your crash in Brooklyn, NY, both the driver and their employer can be held legally responsible for any physical and emotional injuries that you or a loved one sustained in the accident. While the driver committed the negligent act, the company is also, at least, partially responsible because they chose to hire the at-fault driver. Sometimes, trucking companies don’t conduct thorough screening and training before allowing someone to drive for them, so this is something that your legal team can look into as well.

As Brooklyn follows New York’s pure comparative negligence rule in crashes, which includes truck accidents, you will still be able to receive compensation even if you are partly responsible for the accident. The comparative negligence system allows you to recover damages no matter the percentage of blame you get for the crash, but your recovery will be proportional to your share of fault that the jury assigns to you. For instance, if you are found to be 90% at fault for the accident, your compensation will also be deducted by 90%.

A truck accident lawyer is a personal injury attorney specializing in truck accidents. These lawyers help their clients navigate the legally complex terrain of truck accident law by gathering evidence, sending demand letters, negotiating with insurance companies, and preparing the case for trial.In most cases, they are personal injury lawyers who specialize in this particular type of claim.

Truck accident liability is a notoriously complex area. In car accidents, liability is typically shared by one or more drivers, but that’s not always the case with truck collisions. These are just a few of the parties that may be responsible for truck accidents and subsequent injuries:
<ul>
<li>Equipment owners, including leasing companies</li>
<li>Truck drivers who are reckless, intoxicated, or make mistakes</li>
<li>Trucking companies accountable for hiring and keeping records</li>
<li>Maintenance providers who are negligent or fail to perform routine tasks</li>
<li>Loading personnel in accidents caused by shifting loads</li>
<li>Third-party drivers, especially in multi-vehicle collisions</li>
<li>Equipment manufacturers that sell defective parts</li>
</ul>

In truck accident cases, as in all personal injury cases, the burden of proof rests on the plaintiff or party filing the lawsuit. To prevail in court, the plaintiff must prove four things:<ul><li>The plaintiff must show that the defendant owed him or her a duty of care, such as having a legal responsibility to hire qualified drivers and maintain safe equipment.</li><li>In negligence claims, the plaintiff must prove that the defendant breached this duty.</li><li>The plaintiff must show that they suffered damages or experienced harm.</li><li>Finally, the plaintiff must prove that these losses were a direct result of the defendant’s breach.</li></ul>

Driver error is the single most common cause of motor vehicle accidents, but a variety of factors come into play on busy highways and secondary roads. Other potential causes of truck accidents include the following:<ul><li>Inadequate or improper driver training</li><li>Severe weather, including rain, sleet, ice, and fog</li><li>Dangerous roadways, potholes, and construction zones</li><li>Improper loading, excess weight, and shifting cargo</li><li>Reckless driving involving intoxication or distractions</li><li>Faulty equipment, such as failing brakes</li></ul>

Yes, all trucking companies are responsible for hiring qualified drivers and maintaining safe equipment. However, a lengthy investigation may be required to document the scene, establish contributing factors, and hold the company responsible. Personal injury attorneys generally focus on the following points during the investigation:<ul><li>Checking the truck driver’s record</li><li>Securing phone records to prove distracted driving</li><li>Photographing skid marks and road conditions</li><li>Verifying the truck’s weight and maintenance history</li><li>Establishing the driver’s physical and mental health</li><li>Reviewing logbooks to identify times of service violations</li><li>Checking for previous violations to establish a pattern of misconduct</li></ul>

In the U.S., it's estimated that there are 500,000 large truck accidents per year with an average of nearly 1,400 per day, according to data collected from police reports. Of those 500,000 accidents, approximately 4,000 result in a death. The majority of semi truck accidents are caused by mechanical defects and driver fatigue.

If you have been injured in an accident with a semi truck that is not your fault, you are entitled to compensation for the damages to your vehicle as well as for your medical bills, time missed from work, and other damages suffered. You can sue if the person or company refuses to offer fair compensation.

The most important thing to do after a serious accident is to seek medical attention. You should also collect witness information, photographs of the accident scene, a copy of the police report, and contact information from the driver of the truck. Gather all of your paperwork related to the accident, including copies of your medical bills. Avoid posting about the accident on social media or speaking to the driver's insurance company before seeking legal advice, because anything you say can be used against you and affect your compensation.

Most lawsuits are settled without going to court, so reaching a settlement can happen at any point that both parties agree on fair compensation. However, in most states, once an agreement has been reached, it cannot be changed, so it's a good idea to wait long enough to ensure that there are no additional injuries before settling.

Litigation for semi truck accidents is similar to auto accidents, but it's usually more complicated because any number of parties may ultimately be responsible for the accident, including the company that handles the truck's maintenance or repairs. If attempts at negotiating a settlement with the responsible party are unsuccessful, the lawsuit may proceed to trial. In some cases, more than one party is responsible and one of the parties may fight the lawsuit and claim no responsibility. For these reasons, it's important to seek legal help from an attorney with experience in litigating semi truck accidents.