GARDEN CITY TRUCK ACCIDENT LAWYER
If you have been injured in a trucking accident, or if your loved one has been incapacitated or killed in one, you are likely worried, stressed, and overwhelmed, if not grieving. At the Law Office of Steven R. Smith, we advocate for injury victims throughout New York City and the rest of the state. Our Garden City, NY truck accident lawyer handles serious, complicated injury cases every day and is ready to guide you forward with skill and compassion. Call today for a free case evaluation and learn more about how we can help.
Your Truck Accident Lawyer in Garden City, New York
Semi-trucks are a common sight on New York and Long Island roadways. With the ability to carry tons of cargo in a single trip, they are critical to moving products for individuals and businesses alike. That essential ability is precisely what makes 18-wheelers so dangerous. Smaller trucks, SUVs, and other passenger vehicles are no match for the size and weight of a semi. Those traveling in smaller vehicles are often seriously injured, incapacitated, or killed.
If you or a loved one has been hurt in an 18-wheeler collision, you need more than general legal support. You deserve an experienced lawyer who understands the trauma you've endured and how to advocate for a financial settlement that can make a true difference in your ability to move forward from the accident.
Why Experience Matters in a Trucking Accident Case
Truck accident cases are not like ordinary car accident claims. They involve complex federal and state regulations, high-value insurance policies, and multiple parties who may share responsibility for the crash. An experienced truck accident lawyer knows how to navigate these challenges and prevent trucking companies and insurers from shifting blame or minimizing your injuries.
At the Law Office of Steven R. Smith, we understand how trucking companies investigate accidents and how quickly critical evidence can disappear. Our experience gives us the knowledge needed to act quickly (and confidently) and identify every potentially liable party. This level of insight is essential when serious injuries or fatalities are involved, and it can make the difference between an inadequate settlement and the full compensation you deserve.
Ready to Speak
With an Attorney?
Contact Us Today
Truck Accident FAQs
Truck accidents raise questions that don’t come up in typical car crash cases. From complex federal regulations to multiple potentially liable parties, these cases can feel overwhelming—especially when you’re trying to recover from serious injuries or cope with the loss of a loved one. Below our Garden City truck accident attorney addresses some of the most common concerns people have after a semi crash in New York.
What Laws Affect Truck Accidents Specifically?
The safe operation of commercial motor vehicles is regulated by both federal and state law. The Federal Motor Carrier Safety Regulations detail requirements regarding safety issues such as driving training and fitness, vehicle safety and load inspections, and the maximum hours a driver can work during a given period.
New York has adopted the Federal Motor Carrier Safety Regulations. However, state law also dictates issues such as criminal prosecution for violations of state and federal regulations, and gives the state authority to inspect commercial vehicles while in the State of New York.
Commercial vehicles are required to carry liability insurance coverage. Under civil law, injury victims who can prove negligence on the part of the truck driver or another related party may pursue claims against that coverage by negotiating with the insurer and filing a lawsuit against the at-fault parties in court.
In a personal injury claim, you have three years from the date of the crash to settle your claim or file a lawsuit in court. In a wrongful death claim, the statute of limitations is two years. In the grand scheme of things, this isn’t much time, so it's smart to seek help from an experienced Long Island truck accident attorney as soon as you can.
Who Can Be Liable for a Truck Accident?
In most motor vehicle accidents, the negligent driver of the vehicle that caused the crash is the only party who can be held liable for a victim’s damages. Our New York personal injury attorney can attest that truck accidents are much more complex because of how many parties could be involved.
Depending on the circumstances of the crash, the liability coverage of the following parties may apply:
The semi-truck driver
The trucking company that employs the driver
The truck manufacturer
The truck’s inspection company
The team or company who loaded the truck’s cargo
As you can see, there are many parties responsible for the safety of a semi-truck and trailer when it is on the roadway. Those who contributed to the cause of an 18-wheeler accident in any way can be held financially responsible under the law.
What Factors Make a Party Liable?
There are numerous factors that determine liability in a truck accident. The roadway itself may share fault for a crash. Hazards, wet pavement, and visibility may play a role.
The truck driver might have been distracted, driving too fast to stop in time, or passing another vehicle when it wasn't safe to do so. Fatigue may have impaired the judgment and physical ability of the driver to operate the truck safely, which would be a fault shared by the driver and the company that allowed the driver to exceed maximum working hours. Likewise, the driver might have lacked the training necessary to inspect and operate the vehicle in a safe manner, again making both the driver and the company liable.
The driver of any other vehicle involved in the crash might also share liability. Perhaps they were following the truck too closely or were distracted and therefore unable to avoid impact. Under New York law, drivers involved in auto crashes can share fault; but, since the state follows a comparative negligence rule, a percentage of fault does not prohibit an injury victim from pursuing a claim.
How Do I File a Personal Injury or Wrongful Death Claim?
Whether you or a loved one was injured or killed in a truck accident, the first step you should take is to hire an experienced attorney. Our firm will move quickly to preserve evidence, investigate the crash, identify all responsible parties, and assert your claim with all applicable insurers.
If injured, you need to seek medical treatment and comply with treatment plans. Your medical expenses, lost income, pain, suffering, and other damages will need to be evaluated for your claim.
If your loved one was incapacitated in the commercial truck accident and cannot assert a claim on their own, your Garden City truck accident attorney can petition the court to allow you to pursue a personal injury claim on their behalf. If you are the surviving spouse, parent, or child of someone who died as a result of their crash injuries, or if you are the personal representative of their estate, you are eligible to file a wrongful death action under New York law.
Truck Accident
Lawyer Garden City, NY
If you or a loved one has been in a truck accident in New York City or Long Island, you need to retain an attorney right away. Trucking companies carry liability insurance policies with high limits — when there is a significant sum of money on the line, they will fight hard to avoid paying what they owe. Our NYC truck accident attorney at the Law Office of Steven R. Smith will fight harder for you, but you have to make the first move. Call us now to schedule a free case consultation.