Truck accident
Truck Accident Attorneys in New York, New York
The firms in this guide
- Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf Call Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf: (212) 943-1090
- Block O'Toole & Murphy, LLP Call Block O'Toole & Murphy, LLP: (212) 736-5300
- Sakkas, Cahn & Weiss, LLP Call Sakkas, Cahn & Weiss, LLP: (212) 571-7171
- Finz & Finz, P.C.
- Raphaelson & Levine Law Firm, PLLC Call Raphaelson & Levine Law Firm, PLLC: (212) 268-3222
1. Gair, Gair, Conason, Rubinowitz, Bloom, Hershenhorn, Steigman & Mackauf
Practice Focus: Truck accidents, 18-wheeler accidents, semi-truck collisions, commercial vehicle accidents, delivery truck accidents, bus accidents, wrongful death from truck accidents, catastrophic injuries from trucking collisions, construction vehicle accidents.
Case Types Handled: Jackknife accidents, rollover accidents, underride accidents, rear-end collisions with trucks, head-on truck collisions, brake failure accidents, driver fatigue accidents, overloaded truck accidents, cargo spill accidents.
Legal Services: Federal Motor Carrier Safety Regulations (FMCSR) compliance investigation, trucking company negligence claims, driver negligence claims, hours of service violation investigation, electronic logging device (ELD) data analysis, black box data retrieval, insurance claim negotiation, litigation, trial representation, settlement negotiations, medical lien resolution, property damage claims, lost wage recovery, pain and suffering claims, wrongful death claims.
Background: Established personal injury law firm with decades of experience in New York. The firm has secured numerous multi-million dollar verdicts and settlements in trucking cases. Multiple attorneys are members of state and federal bar associations. The firm handles complex trucking litigation involving multiple defendants and insurance policies.
Location: 80 Pine Street, New York, NY 10005
Contact: (212) 943-1090 | https://www.gairgair.com
Consultation: Free initial consultation available, contingency fee arrangement (no fee unless recovery is obtained).
2. Block O’Toole & Murphy, LLP
Practice Focus: Truck accidents, 18-wheeler collisions, semi-truck accidents, commercial vehicle accidents, construction vehicle accidents, bus accidents, wrongful death from trucking collisions, catastrophic injury cases, delivery vehicle accidents.
Case Types Handled: Jackknife accidents, rollover accidents, wide turn accidents, blind spot accidents, rear-end collisions with trucks, head-on collisions, brake failure accidents, tire blowout accidents, driver fatigue accidents.
Legal Services: FMCSR compliance investigation, trucking company negligence claims, respondeat superior claims, hours of service violation investigation, ELD data analysis, black box data retrieval, insurance claim negotiation, litigation and trial representation, settlement negotiations, wrongful death claims, punitive damage claims.
Background: The firm has recovered over $1 billion in verdicts and settlements for personal injury clients. Named among New York’s premier personal injury practices. Attorneys have significant trial experience in trucking accident cases involving commercial carriers.
Location: 60 East 42nd Street, Suite 4600, New York, NY 10165
Contact: (212) 736-5300 | https://www.blockotoole.com
Consultation: Free consultation, contingency fee basis.
3. Sakkas, Cahn & Weiss, LLP
Practice Focus: Truck accidents, commercial vehicle accidents, 18-wheeler collisions, delivery truck accidents, semi-truck accidents, bus accidents, wrongful death from truck accidents, catastrophic injuries.
Case Types Handled: Jackknife accidents, rollover accidents, underride accidents, wide turn accidents, rear-end collisions, cargo spill accidents, brake failure accidents, driver fatigue accidents.
Legal Services: Trucking company negligence claims, driver negligence claims, FMCSR compliance investigation, hours of service violation investigation, ELD data analysis, insurance claim negotiation, litigation, trial representation, settlement negotiations, wrongful death claims, pain and suffering claims.
Background: The firm combines decades of courtroom experience with offices strategically placed throughout the Tri-State area in New York, Elizabeth, NJ, and Stamford, CT. Staff speaks five languages. The firm works on a contingency fee basis.
Location: 485 Madison Avenue, 4th Floor, New York, NY 10022
Contact: (212) 571-7171 | https://sakkascahn.com
Consultation: Free consultation, no fee unless case results in recovery.
4. Finz & Finz, P.C.
Practice Focus: Truck accidents, 18-wheeler accidents, semi-truck collisions, commercial vehicle accidents, tanker truck accidents, delivery truck accidents, bus accidents, wrongful death from truck accidents, catastrophic injuries from trucking collisions.
Case Types Handled: Jackknife accidents, rollover accidents, underride accidents, override accidents, wide turn accidents, blind spot accidents, rear-end collisions, head-on collisions, cargo spill accidents, hazardous material truck accidents, truck fire accidents, brake failure accidents, tire blowout accidents.
Legal Services: FMCSR compliance investigation, trucking company negligence claims, driver negligence claims, vicarious liability claims, hours of service violation investigation, ELD data analysis, black box data retrieval, insurance claim negotiation, litigation, trial representation, settlement negotiations, wrongful death claims, punitive damage claims.
Background: Personal injury practice serving New York and Long Island for over 35 years. The firm has secured significant verdicts and settlements in trucking accident cases. Attorneys are admitted to practice in New York state and federal courts.
Location: 519 Eighth Avenue, New York, NY 10018
Contact: (855) TOP-FIRM | https://www.finzfirm.com
Consultation: Free consultation, contingency fee arrangement.
5. Raphaelson & Levine Law Firm, PLLC
Practice Focus: Truck accidents, 18-wheeler accidents, semi-truck collisions, commercial vehicle accidents, delivery truck accidents, garbage truck accidents, construction vehicle accidents, bus accidents, wrongful death from truck accidents.
Case Types Handled: Jackknife accidents, rollover accidents, underride accidents, wide turn accidents, blind spot accidents, rear-end collisions with trucks, brake failure accidents, driver fatigue accidents, overloaded truck accidents.
Legal Services: FMCSR compliance investigation, trucking company negligence claims, driver negligence claims, hours of service violation investigation, ELD data analysis, black box data retrieval, insurance claim negotiation, litigation, trial representation, settlement negotiations, medical lien resolution, property damage claims, lost wage recovery, pain and suffering claims, wrongful death claims.
Background: New York personal injury firm with experience handling complex trucking accident cases. The firm represents clients throughout New York City and the surrounding areas. Attorneys work on contingency fee basis.
Location: 80 Broad Street, 5th Floor, New York, NY 10004
Contact: (212) 268-3222 | https://www.raphaelsonlaw.com
Consultation: Free consultation available, no fee unless successful recovery.
Carrier Coverage, Driving Limits and the Serious Injury Threshold in New York City Truck Crash Claims
A New York City truck crash can turn first on federal carrier rules: whether the vehicle was a commercial motor vehicle, what coverage the carrier needed and how long the driver had been driving. New York’s no-fault law then decides when an injured driver may recover non-economic loss, and state law makes the truck’s owner liable for a permitted driver’s negligence.
Which Trucks the Federal Rules Reach and Their Coverage
Under 49 CFR 390.5, a commercial motor vehicle includes a vehicle used on a highway in interstate commerce with a gross vehicle weight rating or gross combination weight rating, or actual gross weight, of 10,001 pounds or more, whichever is greater. Under 49 CFR 387.9, a for-hire carrier hauling nonhazardous property in interstate or foreign commerce in a vehicle rated 10,001 pounds or more must carry at least $750,000, and under 387.7 it may not operate until that coverage is in effect.
The Daily Driving Window and Post-Crash Testing
Except as otherwise provided in 49 CFR 395.1, 49 CFR 395.3(a) requires a property-carrying driver to have 10 consecutive hours off duty before driving, limits driving to 11 hours, bars driving after the 14th consecutive hour after coming on duty, and bars driving once more than 8 hours of driving time have passed without a consecutive 30-minute interruption. Under 382.303, a fatal crash requires alcohol and drug testing of the surviving driver, and an injury or tow-away crash requires it when the commercial driver is cited for a moving violation arising from the crash within 8 hours (alcohol) or 32 hours (drugs).
The Serious Injury Threshold
Under Insurance Law 5104(a), in an action between covered persons for injuries from negligent motor vehicle use in New York, there is no recovery for non-economic loss except in the case of a serious injury, or for basic economic loss, and the trier of fact decides fault before deciding whether the injury is serious. Under 5102(d), a serious injury is one resulting in death, dismemberment, significant disfigurement, a fracture, loss of a fetus, permanent loss of use of a body organ, member, function or system, permanent consequential limitation of use of a body organ or member, or significant limitation of use of a body function or system.
The Truck Owner’s Liability
Under Vehicle and Traffic Law 388(1), every owner of a vehicle used or operated in New York is liable for death or injuries resulting from negligence in its use or operation by any person using or operating it with the owner’s express or implied permission, and the section addresses vehicles used in combination by attachment or tow.
New York City Truck Accident Questions
How long do I have to sue the carrier?
Three years for personal injury under CPLR 214(5), except as provided in the sections it lists, and two years after the death for a wrongful death action brought by the personal representative under EPTL 5-4.1(1). For a city truck, a notice of claim is due within ninety days under General Municipal Law 50-e(1)(a), and the action must be commenced within one year and ninety days under 50-i(1).
Can I recover if I was partly at fault?
Yes, unless your share is greater than the defendants’. Under CPLR 1411(b), added in 2026, in a personal injury action subject to Insurance Law article 51, the claimant’s culpable conduct bars recovery if it is greater than that of the person or persons against whom recovery is sought; otherwise, under (a), damages are diminished in proportion. For example, imagine $200,000 in damages and 30 percent of the culpable conduct on the injured driver: the recovery would be $140,000. For a truck crash before the May 26, 2026 effective date, confirm with counsel whether (b) applies.
Is there a limit for an at-fault injured driver?
Yes, in listed cases. Under Insurance Law 5104(d), other than in an action for death, non-economic loss for a serious injury is limited to $100,000 for an injured person who is at fault, is not barred by CPLR 1411, and was operating an uninsured vehicle (except a lapse under 30 days), operating while impaired and convicted, or operating in the commission of a felony and convicted.