Truck Accident Lawyer in Brooklyn

Injuries from a truck accident can lead to significant damages from medical expenses and time away from your job. However, truck crashes are often complex, and liability may not always be clear. A Brooklyn truck accident lawyer can investigate your accident, determine who is liable, and pursue a settlement that fairly compensates you for all your damages.

Shulman & Hill’s Brooklyn truck accident lawyers work hard to obtain justice and compensation for New Yorkers injured by negligent drivers and trucking companies. Our team has over 200 years of combined legal experience and has recovered over $1 billion in verdicts and settlements for deserving clients.

Protect your right to seek compensation after a truck accident by speaking with one of our skilled and experienced personal injury lawyers in Brooklyn.

Why Choose the Brooklyn Truck Accident Lawyers at Shulman & Hill?

A truck’s size and weight greatly increase the odds of a serious injury or fatality in an accident, especially when it involves less protected individuals such as someone in a passenger car or a pedestrian.

Shulman & Hill’s Brooklyn personal injury lawyers understand the issues that matter the most in truck accident cases. We draw on our deep knowledge and experience to develop winning strategies. We can protect your interests and guide you through the claims process with compassion, clearly explaining the issues involved.

Our success has resulted in numerous honors for the firm’s attorneys. Founding partner Alex Shulman has received recognition as a New York Super Lawyer every year since 2017 and has been named to the National Trial Lawyers Association’s Top 40 Under 40 list.

How Often Do Truck Accidents Happen in Brooklyn?

Brooklyn is a major transportation hub and receives a substantial amount of commercial traffic every day. Some of the most traffic-dense corridors in the borough include the Brooklyn Navy Yard, Industry City, and New York/New Jersey approach routes. Construction activity is also a major source of commercial traffic.

According to the New York City Police Department, there were 196 large truck accidents in Brooklyn in January 2024 alone. This figure represents about 34% of the 578 citywide commercial truck accidents and was the highest among New York City’s five boroughs.

Below are some of the main factors underlying the high truck crash rate in Brooklyn and the wider Kings County area:

• Designated truck routes. Brooklyn and New York more generally have designated truck routes where commercial vehicles must travel, such as Atlantic Ave, Flatbush Ave, 4th Ave, and Hamilton Ave.
• High–traffic expressways. Similarly, Brooklyn has a number of high-traffic expressways that serve as major thoroughfares for commercial vehicles, like the BQE expressway.
• Delivery truck volume. Brooklyn has an extremely high rate of delivery truck activity, so crashes involving delivery trucks like Amazon, FedEx, and UPS are common. A driver’s classification as an independent contractor can affect how delivery truck accident claims play out.  
• Construction activity. Brooklyn also has a large amount of construction activity, which greatly increases the risks of truck-related construction accidents. Construction trucks include cranes, cement mixers, and dump trucks.

Common Injuries Caused by Truck Accidents

The injuries from a truck accident vary from case to case, depending on the circumstances. For example, pedestrian or motorcycle personal injuries will be more severe compared to someone wearing a seatbelt in a car. The following injuries commonly occur in truck accident cases:

• Concussions
• Skull fractures
• Traumatic brain injury and brain bleeding
• Broken arms and legs
• Spinal cord injuries and back injuries
• Pelvic and abdominal injuries
• Organ damage
• Road rash
• Lacerations

It is extremely important to get medical documentation of your injuries, as it affects the trajectory of the claim process. If your condition meets the legal serious injury threshold, you can step outside of New York’s no-fault coverage system and file a traditional at-fault claim. The injury threshold is any injury involving:

• Death
• Dismemberment
• Significant disfigurement
• Fractures
• Loss of a fetus
• Permanent loss of organ, body part, or bodily system

Our Brooklyn catastrophic injury lawyers have experience handling cases involving these types of severe and far-reaching injuries.

Liability in Brooklyn Truck Accident Cases

More than one party may have contributed to your truck accident and be liable for your injuries and losses. Assigning fault usually begins with the truck driver and others directly involved in causing the accident.

Truck Driver

For example, a truck driver may be liable if they were driving while fatigued and caused an accident. The trucking company or the company that employs the driver may also be liable for your damages. For example, an employer may be liable for a company driver’s negligence if the accident happened while the driver was working.

Trucking Company

A truck driver’s employer can also be liable for accidents that result from negligent hiring or supervision. For example, an employer may be liable if they knew the driver had a history of truck accidents or wasn’t properly trained or licensed.

Loading Crews

If an overweight or imbalanced cargo load caused the accident, those responsible for cargo handling may also be liable. Additionally, if malfunctioning equipment caused the accident, the manufacturer, repair shop, or another party responsible for keeping the truck properly maintained may be liable.

Federal FMCSA Regulations and Truck Accident Claims

The Federal Motor Carrier Safety Administration (FMCSA) heavily regulates trucking activity in the US. These regulations matter as violations can be evidence of negligence for a personal injury lawsuit. Below are important regulations that could be relevant to your case:

Hours of Service Regulations

Truck drivers are limited in the number of consecutive hours they can drive. These restrictions exist to cut down the risk and dangers of drowsy driving or driver fatigue. Drivers must record their hours, and a lawyer can look to driving records to find violations or discrepancies. 

Maintenance Requirements

Interstate carriers must perform regular inspections and fleet maintenance to ensure their trucks meet federal safety requirements. Drivers must perform pre- and post-inspection checks to identify maintenance issues to fix.

Driver Training and Qualifications

Trucking employers must also vet their drivers to ensure they have the proper qualifications and training. For instance, all drivers operating commercial motor vehicles that require a CDL must meet applicable licensing and qualification requirements.

Available Damages After a Truck Accident in Brooklyn

New York law allows accident victims to pursue several types of damages resulting from a traffic accident. A Brooklyn car accident lawyer can generally recover economic damages, such as compensation for:

• Emergency medical bills and future medical expenses
• Lost work income and employment compensation
• Reductions in your lifetime earning potential due to disability
• Cost of replacement household services and in-home medical care
• Property damage repair and replacement costs

You can also seek damages for non-economic losses, which cover the intangible impacts on your life, such as pain, suffering, and emotional distress.

Punitive damages may also be available in cases where a defendant’s actions were willful or reckless. If your loved one died in a truck crash, a Brooklyn wrongful death lawyer can help you make a wrongful death claim to recover economic losses, including medical costs and funeral expenses.

How Comparative Negligence Can Impact Your  Case

If you are involved in a collision with a truck, you may have contributed to the accident. However, New York law allows you to recover compensation even if you were partially at fault.

Under New York’s comparative fault law, your compensation will be reduced in proportion to your share of the fault. For example, if you sustained $100,000 in damages and were 30% at fault, you could still collect $70,000.

A truck accident lawyer in Brooklyn can push back if the insurance company tries to shift blame and reduce your payout.

Why Is It Important to Hire a Truck Accident Attorney?

An experienced attorney can also thoroughly investigate your accident, interpret insurance policies, send spoliation letters to preserve evidence, and interview witnesses. They can also calculate your damages and ensure you pursue all the compensation you’re entitled to.

Moreover, a skilled and experienced attorney can take on powerful trucking companies and their insurance carriers. Our Brooklyn truck accident lawyers know the tactics and strategies insurance companies use to avoid paying full compensation.

We can fight back, refute their arguments, and negotiate a fair and just settlement. If they fail to make an acceptable settlement offer, we won’t back down. We’ll take them to trial and fight for the compensation you deserve.

How Long Do I Have to File a Truck Accident Claim?

New York has a strict three-year statute of limitations for filing a personal injury lawsuit. This time starts to run on the date of your accident. In New York, the statute of limitations for a wrongful death suit is two years from the date of death. If you file too late, the court will dismiss your case, and you will lose the right to seek compensation.

Three years may seem like a long time, but you shouldn’t wait. Memories fade, and evidence disappears. You must start building your case as early as possible to ensure your best shot at maximum compensation. Talk to our lawyers as soon as possible to get started on your claim.

Brooklyn Truck Accident FAQ

Below are some of the most common questions our New York truck accident lawyers receive about cases and settlements.

Who Is Liable in a Truck Accident in Brooklyn?

Parties that could be liable for a truck crash include individual drivers, trucking companies, cargo loading crews, maintenance workers, and other third parties who contributed to the crash.

How Do I File a Truck Accident Claim in Brooklyn?

To file a truck accident claim, you’ll first contact your insurance company to use your no-fault personal injury protection coverage. This will pay for some of your losses, regardless of who’s at fault.

If your condition meets the legal serious injury threshold, you can file an at-fault claim against the responsible party. If your claim is disputed or denied, an NYC personal injury lawyer can file a lawsuit with the Kings County Supreme Court.

A formal lawsuit begins with discovery, where both parties share information with each other. If the case cannot be resolved, it will go to a formal trial. During a trial, both parties present their case to a judge and jury, who then make a final verdict.

What Evidence Do I Need After a Truck Accident?

Evidence in a truck crash case can include the following:

• Photographs of the accident scene and your injuries
• Surveillance or dashcam footage showing the collision
• Physical evidence (e.g., skid marks, paint transfer, vehicle body damage, etc.)
• Police crash reports
• Truck black box recorder and event data recordings
• Driver logbooks and driving hour records
• Driver qualification and training records 
• Truck maintenance and inspections logs

Evidence destruction is a significant issue in these cases, but a lawyer can send a spoliation letter quickly to prevent intentional or unintentional destruction.

Contact a Brooklyn Truck Accident Lawyer from Shulman & Hill

A single truck accident can change your life in an instant, but there are options for relief. The team at Shulman & Hill can be your legal advocate and pursue justice on your behalf. Our personal injury law firm pledges to use every resource and strategy to achieve victory.

Call our offices today or fill out our contact form to schedule a free case consultation with a Brooklyn truck accident lawyer.