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.
Truck Accident Laws and Regulations in New York
Statute of Limitations: New York provides a three-year statute of limitations for personal injury claims arising from truck accidents, pursuant to CPLR Section 214. The deadline runs from the date of the accident. For wrongful death claims, the statute of limitations is two years from the date of death.
Property Damage Claims: Claims for property damage resulting from truck accidents must be filed within three years of the accident date.
No-Fault Insurance System: New York operates under a no-fault insurance system. Injured parties must first seek compensation through their own Personal Injury Protection (PIP) insurance for medical expenses and lost wages, regardless of fault. PIP benefits must be claimed within 30 days of the accident.
Serious Injury Threshold: To pursue a lawsuit against an at-fault truck driver or trucking company for pain and suffering damages, the injured party must meet New York’s “serious injury” threshold as defined in Insurance Law Section 5102(d). Qualifying injuries include death, dismemberment, significant disfigurement, fractures, loss of a fetus, permanent limitation of use of a body organ or member, or significant limitation of use of a body function or system.
Comparative Negligence: New York follows a pure comparative negligence rule under CPLR Section 1411. An injured party can recover damages even if they were partially at fault for the accident. However, the recovery will be reduced by the percentage of fault attributed to them. For example, if the injured party is found 30% at fault, they can still recover 70% of their total damages.
Minimum Auto Insurance Requirements: New York requires drivers to carry minimum liability insurance of $25,000 per person for bodily injury, $50,000 per accident for bodily injury, $10,000 for property damage, and $50,000 per person/$100,000 per accident for uninsured motorist coverage.
Commercial Truck Insurance Requirements: Commercial trucks operating in interstate commerce must carry minimum liability coverage as required by federal law. Trucks carrying non-hazardous freight over 10,001 pounds must carry at least $750,000 in liability coverage. Trucks hauling hazardous materials may be required to carry $1 million to $5 million in coverage depending on the cargo type.
Vicarious Liability: New York Vehicle and Traffic Law Section 388 establishes that vehicle owners can be held vicariously liable for accidents caused by those operating their vehicles with permission. This includes trucking companies that own the vehicles operated by their drivers.
Federal Motor Carrier Safety Regulations: Federal trucking regulations, including hours of service rules and vehicle maintenance requirements under 49 CFR, are applicable in New York state courts. Violations of FMCSR regulations can be used to establish negligence.
No Damage Caps: New York does not impose caps on economic or non-economic damages in personal injury cases.
Government Entity Claims: Claims against New York state or municipal government entities require filing a Notice of Claim within 90 days of the incident and commencing a lawsuit within one year and 90 days.
Frequently Asked Questions
What is the deadline to file a truck accident lawsuit in New York?
In New York, you generally 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. However, if a government vehicle or entity was involved, you must file a Notice of Claim within 90 days. It is important to consult with an attorney promptly, as evidence can deteriorate and critical trucking records such as electronic logging device data may be overwritten.
How does New York’s no-fault insurance system affect my truck accident claim?
New York’s no-fault system requires you to first seek compensation for medical bills and lost wages through your own Personal Injury Protection insurance, regardless of who caused the accident. To pursue additional compensation directly from the at-fault trucking company for pain and suffering, you must demonstrate that you sustained a “serious injury” as defined by New York Insurance Law Section 5102(d). This includes fractures, permanent limitations, significant disfigurement, or injuries preventing you from performing daily activities for at least 90 of the 180 days following the accident.
Can I recover compensation if I was partially at fault for the truck accident?
Yes. New York follows a pure comparative negligence rule, meaning you can recover damages even if you were partially responsible for the accident. Your compensation will be reduced by your percentage of fault. For example, if you suffered $100,000 in damages but were found 20% at fault, you would recover $80,000. Unlike some other states, New York does not bar recovery even if you were more than 50% at fault.
Who can be held liable in a New York truck accident case?
Multiple parties may be held liable in a truck accident case, including the truck driver for negligent operation, the trucking company for negligent hiring, training, supervision, or for pressuring drivers to violate hours of service regulations, the cargo loading company for improperly secured loads, the truck or parts manufacturer for defective equipment, and the maintenance company for inadequate repairs. New York’s Vehicle and Traffic Law Section 388 also allows vehicle owners to be held liable for accidents caused by permissive users.
What types of compensation can I recover in a New York truck accident case?
If you meet the serious injury threshold, you may recover economic damages such as past and future medical expenses, lost wages, loss of earning capacity, and property damage. You may also recover non-economic damages including pain and suffering, emotional distress, loss of enjoyment of life, and loss of consortium. New York does not cap these damages. In cases involving egregious misconduct, punitive damages may also be available to punish the defendant and deter similar conduct.