1. Fromen Injury Law
Practice Focus: Truck accidents, semi-truck collisions, 18-wheeler accidents, commercial vehicle accidents, tractor-trailer accidents, big rig accidents, wrongful death from truck accidents, catastrophic injuries from trucking collisions
Case Types Handled: Jackknife accidents, rollover accidents, underride accidents, rear-end collisions with trucks, head-on truck collisions, cargo spill accidents, brake failure accidents, tire blowout accidents, driver fatigue accidents, distracted driving truck accidents, drunk driving truck 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 expense recovery, lost wage claims, pain and suffering claims, punitive damage claims, wrongful death claims
Background: Over 60 years of experience helping accident victims recover justice and compensation. Firm has recovered more than $300 million in verdicts and settlements for clients. Experience handling complex trucking litigation throughout Buffalo and New York State.
Location: Buffalo, New York
Contact: (716) 855-1222 | https://www.fromenlaw.com/truck-accident-lawyer/
Consultation: Free case evaluation
2. Cantor, Wolff, Nicastro & Hall LLC (Buffalo Injury Law)
Practice Focus: Truck accidents, semi-truck collisions, 18-wheeler accidents, commercial vehicle accidents, tractor-trailer accidents, wrongful death from truck accidents, catastrophic injuries from trucking collisions
Case Types Handled: Jackknife accidents, rollover accidents, underride accidents, rear-end collisions with trucks, head-on truck collisions, cargo accidents, brake failure accidents, driver fatigue accidents, speeding truck accidents, hours of service violations
Legal Services: Federal Motor Carrier Safety Regulations (FMCSR) compliance investigation, trucking company negligence claims, driver negligence claims, trucking company record investigation, insurance claim negotiation, litigation, trial representation, settlement negotiations, medical expense recovery, lost wage claims, pain and suffering claims, wrongful death claims
Background: More than 100 years of combined experience among the legal team. Reputation for winning cases at trial. Experience taking on trucking companies and their insurers. Provides one-on-one attention to clients throughout the claims process.
Location: Buffalo, New York
Contact: (716) 848-8000 | https://www.buffalolaw.com/truck-accident-lawyer/
Consultation: Free case review
3. O’Brien & Ford Buffalo Car Accident and Personal Injury Lawyers
Practice Focus: Truck accidents, semi-truck collisions, 18-wheeler accidents, commercial vehicle accidents, tractor-trailer accidents, wrongful death from truck accidents, catastrophic injuries from trucking collisions
Case Types Handled: Jackknife accidents, rollover accidents, underride accidents, rear-end collisions with trucks, head-on truck collisions, cargo accidents, brake failure accidents, driver fatigue accidents, FMCSR violations
Legal Services: Federal Motor Carrier Safety Regulations (FMCSR) compliance investigation, trucking company negligence claims, driver negligence claims, black box recorder analysis, maintenance records review, hours of service logs examination, witness statements gathering, trucking industry expert consultation, insurance claim negotiation, litigation, trial representation, settlement negotiations, punitive damage claims, wrongful death claims
Background: Recognized as one of the Top 50 law firms in upstate New York by Super Lawyers. Over 80 years of combined experience. Firm has recovered over $100 million for clients. Knowledge of New York pure comparative negligence system and FMCSA regulations.
Location: 4549 Main St Suite 201, Buffalo, NY 14226
Contact: (716) 222-2222 | https://obrienandford.com/buffalo-truck-accident-lawyer/
Consultation: Free initial consultation, contingency fee structure, available 7 days a week from 7am to 7pm
4. The Dietrich Law Firm P.C.
Practice Focus: Truck accidents, semi-truck collisions, 18-wheeler accidents, commercial vehicle accidents, tractor-trailer accidents, Amazon delivery vehicle accidents, wrongful death from truck accidents
Case Types Handled: Jackknife accidents, rollover accidents, rear-end collisions with trucks, head-on truck collisions, driver fatigue accidents (falling asleep at wheel), hours of service violations, electronic logging device violations
Legal Services: Federal Motor Carrier Safety Regulations (FMCSR) compliance investigation, trucking company negligence claims, driver negligence claims, logbook scrutiny, black box data analysis, ELD rule compliance investigation, insurance claim negotiation, litigation, trial representation, settlement negotiations, medical expense recovery, lost wage claims, pain and suffering claims, wrongful death claims
Background: Jed Dietrich, Esq. is founder and has settled many cases for $1 million or more for injuries caused by negligent truck drivers. Experience with ELD rule compliance issues that took effect December 2017. Knowledge of New York State truck accident statistics and trends.
Location: Buffalo, New York
Contact: (716) 839-3939 | https://www.calljed.com/truck-accident.html
Consultation: Available 24/7, no fee until winning the case
5. William Mattar Law Offices
Practice Focus: Truck accidents, semi-truck collisions, 18-wheeler accidents, commercial vehicle accidents, tractor-trailer accidents, wrongful death from truck accidents, catastrophic injuries from trucking collisions
Case Types Handled: Jackknife accidents, rollover accidents, underride accidents, rear-end collisions with trucks, head-on truck collisions, cargo accidents, brake failure accidents, driver fatigue accidents, negligent trucking company accidents
Legal Services: Federal Motor Carrier Safety Regulations (FMCSR) compliance investigation, trucking company negligence claims, driver negligence claims, evidence gathering, insurance claim negotiation, litigation, trial representation, settlement negotiations with trucking companies and equipment manufacturers, government entity claims, medical expense recovery, lost wage claims, pain and suffering claims
Background: Years of experience working on behalf of victims injured by negligent truck drivers and trucking companies. Knowledge of complex vehicle accident case navigation. Team includes experienced attorneys and staff available 24/7.
Location: Buffalo, New York
Contact: (844) 444-4444 | https://williammattar.com/buffalo-truck-accident-lawyer/
Consultation: Free consultation available 24/7, attorneys can meet at home or hospital
Truck Accident Laws and Regulations in New York
Statute of Limitations for Personal Injury Claims: Three years from the date of the accident under N.Y. CPLR 214. This deadline applies to truck accident personal injury lawsuits in New York.
Statute of Limitations for Wrongful Death Claims: Two years from the date of death under N.Y. EPTL 5-4.1. The clock begins on the date of the victim’s death, which may be later than the accident date.
Statute of Limitations for Property Damage Claims: Three years from the date of the accident for property damage claims in New York.
No-Fault Insurance State Status: New York is a no-fault insurance state. Injured parties first file claims with their own insurance company regardless of fault for basic medical expenses and lost wages up to policy limits. However, victims may step outside the no-fault system and sue negligent parties if they suffer a “serious injury” as defined by New York Insurance Law Section 5102(d), or if their economic losses exceed no-fault coverage limits.
Comparative Negligence Rules: New York follows a pure comparative negligence rule under N.Y. CPLR 1411. An injured party can recover damages even if they are 99% at fault for the accident. The recovery is simply reduced by the plaintiff’s percentage of fault. For example, if you are 40% at fault and damages total $100,000, you recover $60,000. This is more plaintiff-friendly than modified comparative negligence states.
Minimum Auto Insurance Requirements: New York requires minimum liability insurance coverage of 25/50/10, meaning $25,000 bodily injury per person, $50,000 bodily injury per accident, and $10,000 property damage per accident. New York also requires $50,000 in Personal Injury Protection (no-fault) coverage.
Commercial Truck Insurance Requirements: Federal law requires commercial trucks to carry minimum liability insurance of $750,000 for trucks hauling general property. Trucks transporting hazardous materials must carry higher limits of $1 million to $5 million.
Personal Injury Protection (PIP/No-Fault): New York requires mandatory no-fault insurance coverage of at least $50,000 per person. This covers medical expenses and lost wages regardless of fault, up to policy limits.
Uninsured/Underinsured Motorist Coverage: New York requires minimum UM/UIM coverage of 25/50, meaning $25,000 per person and $50,000 per accident. Insurers must offer coverage equal to the policy’s liability limits.
Damage Caps: New York has no cap on compensatory damages (economic or non-economic) in truck accident cases. There is also no cap on punitive damages in New York, though they require clear and convincing evidence of malice, wanton disregard, or recklessness.
Serious Injury Threshold: To sue outside the no-fault system, plaintiffs must show a “serious injury” under Insurance Law 5102(d), which includes death, dismemberment, significant disfigurement, fracture, loss of fetus, permanent loss or limitation of body organ or function, or medically determined injury preventing normal activities for 90 of the first 180 days.
Vicarious Liability Rules: New York recognizes respondeat superior liability, holding trucking companies responsible for negligent acts of employee drivers. New York previously had strong owner liability under Vehicle and Traffic Law 388, though federal preemption limits this for federally authorized motor carriers.
Federal Motor Carrier Safety Regulations: FMCSR regulations are applicable in New York courts. Violations of hours of service rules, maintenance requirements, and other federal standards are admissible evidence of negligence.
Electronic Logging Device (ELD) Requirements: Federal ELD mandates apply to commercial motor vehicles in New York. ELD data documenting hours of service is discoverable evidence.
Spoliation of Evidence: New York courts impose sanctions for spoliation of evidence. Trucking companies must preserve driver logs, ELD data, maintenance records, and other relevant evidence once litigation is reasonably anticipated.
Frequently Asked Questions
Q: What is the statute of limitations for filing a truck accident lawsuit in New York?
A: Under N.Y. CPLR 214, you have three years from the date of the truck accident to file a personal injury lawsuit. For wrongful death claims, the deadline is two years from the date of death under EPTL 5-4.1. If your claim involves a government vehicle or entity, notice of claim requirements with shorter deadlines (typically 90 days) may apply. Consulting a Buffalo truck accident attorney promptly helps protect your rights and preserve crucial evidence.
Q: How does New York’s pure comparative negligence system affect my truck accident claim?
A: New York follows pure comparative negligence under CPLR 1411, which is favorable to accident victims. You can recover damages even if you are found more than 50% at fault, unlike many other states. Your compensation is reduced by your percentage of fault. If you are 70% at fault and damages total $100,000, you still recover $30,000. This allows partial recovery even when the victim shares significant responsibility for the accident.
Q: What courts handle truck accident lawsuits in Buffalo, New York?
A: Truck accident lawsuits in Buffalo are typically filed in Erie County Supreme Court, which handles civil cases seeking damages above small claims limits. Complex commercial vehicle litigation proceeds through standard civil procedure including complaint filing, discovery (exchange of evidence such as driver logs, ELD data, maintenance records, and expert reports), pretrial motions, and trial if no settlement is reached. Cases may also be filed in federal court if diversity jurisdiction exists.
Q: Are there damage caps on truck accident recoveries in New York?
A: New York does not cap compensatory damages in truck accident cases. There is no limit on recovery for medical expenses, lost wages, pain and suffering, or other compensatory damages. Punitive damages are also available without a cap, though they require proof by clear and convincing evidence that the defendant acted with malice, wanton disregard for safety, or recklessness approaching criminal conduct.
Q: How does New York’s no-fault insurance system affect my truck accident claim?
A: As a no-fault state, New York requires injured parties to first seek compensation from their own insurance company for medical expenses and basic economic losses up to policy limits (minimum $50,000 PIP). However, you may pursue a liability claim against the at-fault truck driver and trucking company if you suffer a “serious injury” as defined by Insurance Law 5102(d) or if your economic losses exceed no-fault benefits. Serious injuries include fractures, permanent limitations, significant disfigurement, and injuries preventing normal activities for 90 of the first 180 days.