Why Are Truck Accident Lawsuits More Complex?
Why Are Truck Accident Lawsuits More Complex?
Although claims involving only passenger vehicles can be fairly straightforward, truck accident lawsuits are much more complex and often involve catastrophic injuries, a web of federal and state laws, and high-stakes insurance policies. For more than 50 years, the truck accident lawyers at Chelli & Bush, Attorneys at Law, have guided injury victims through the aftermath of life-changing events. We understand the nuances and challenges of truck accident lawsuits in Staten Island and the greater New York City area. Our team is dedicated to helping you and your family find the justice and compensation you deserve after a crash.
Key Takeaways
- Multiple liable parties—Liability often extends beyond the driver to the trucking company, cargo loaders, or parts manufacturers.
- Higher policy limits—Commercial trucks carry high-limit policies and insurers often use aggressive tactics to minimize payouts and deny claims.
- We preserve evidence early—Our Staten Island truck accident attorneys take swift legal action to preserve vital evidence before it’s lost or destroyed.
- Extended timelines—Because truck accidents require extensive investigations and insurers often refuse to offer fair settlements, these cases typically take longer than other car accident claims.
- No upfront costs—Our personal injury lawyers take cases on contingency, which means we only receive a fee if we recover compensation for you.
What Makes Truck Accident Lawsuits More Challenging than Other Claims
A commercial truck can weigh up to 80,000 pounds, and the force of impact often causes serious injuries such as traumatic brain injury (TBI) and spinal damage. That’s why it’s essential to have an experienced truck accident lawyer who knows how to navigate the complexities of these cases.
Catastrophic Injuries from Truck Accidents
Injuries sustained in truck accidents often result in permanent disability requiring lifelong care. The cost of hospital stays, multiple surgeries, physical therapy, home modifications, and ongoing nursing care can reach into the millions of dollars. Common injuries include:
- Brain and spine injuries
- Internal bleeding and organ damage
- Severe burns and lacerations
- Broken or crushed bones
- Amputation
- Whiplash and soft tissue injuries
- Psychological trauma, which can result in PTSD, depression, and anxiety
Federal Regulations Regarding Commercial Trucks
The Federal Motor Carrier Safety Administration (FMCSA) governs commercial trucking. These regulations dictate everything from weight limits to how many hours a driver can be on the road. Common violations that help our truck accident lawyers prove negligence include:
- Hours of service (HOS)—Drivers must take mandatory breaks and may only drive a certain number of hours to prevent fatigue.
- Weight and loading—Overloaded trucks are harder to stop and more prone to rollovers.
- Maintenance requirements—Companies are required to perform regular inspections and maintenance to prevent mechanical failures like brake or tire blowouts.
Commercial Trucking Insurance Policies with High Limits
Because big trucks cause so much damage, the FMCSA requires trucking companies and independent contractors to carry a significant amount of insurance coverage. This can range from $750,000 to $5 million or more. While this coverage ensures adequate funds are available for injured victims, it also means insurance companies will fight even harder to protect their bottom line.
Our personal injury lawyers aren’t afraid to take on powerful corporations and their insurers. We handle all negotiations and fight tirelessly to secure compensation that covers the full scope of your damages for the long term.
Multiple Defendants and Insurers
In car accident cases, plaintiffs usually deal with only one driver and one insurance company. In a truck accident lawsuit, you may need to take action against multiple parties and their insurers, including:
- The truck driver, for negligence such as speeding, distracted driving, or hours-of-service (HOS) violations.
- The trucking company, if they failed to properly train drivers or perform regular maintenance.
- The owner of the trailer, which may be a separate entity from the company operating the tractor.
- Cargo loaders and shippers who improperly secure freight or overload trailers.
- Maintenance and repair providers who overlook potential problems or perform shoddy work.
- Manufacturers of defective parts that cause a mechanical failure such as malfunctioning brakes.
Each of these entities has its own insurance provider, so multiple claims must be filed. Insurers may try to push blame onto other parties or even collaborate with each other to pay out as little as possible.
Preserving Evidence Promptly After a Truck Accident
Time is of the essence in truck accident cases. Evidence like black box data and surveillance footage can be lost or overwritten within days. One of the first things your truck accident attorney will do is send a spoliation letter to potentially liable parties. This is a formal legal notice that requires them to preserve all evidence related to the crash.
Key evidence in truck crash cases includes:
- Electronic logging device (ELD) and Event Data Recorder (EDR) information
- Inspection and maintenance records
- Bills of Lading and weight tickets
- Dashcam, traffic, and surveillance camera footage
- Witness statements
- Evidence of prior traffic violations or DUI
- Drug test results
- Cell phone records
Our team also works with respected accident reconstructionists and medical experts to show how an accident happened and the far-reaching impact of your injuries.
Recovering Damages in Truck Accident Cases
Our truck accident lawyers understand that no amount of money can truly compensate you for the pain and heartache caused by a serious injury. However, it can give you a sense of justice and hold responsible parties accountable. It’s also vital to ensure you have what you need to receive proper medical care and protect your financial security. Your personal injury lawyer helps you pursue damages such as:
- Past and future medical bills
- Lost wages
- Loss of earning capacity
- Pain and suffering
- Permanent disability
- Loss of enjoyment of life
- Loss of consortium
In rare cases involving particularly egregious or intentional behavior, a victim may be awarded punitive damages. These damages are intended to punish the defendant and deter them and others from committing similar acts. If you’ve lost a loved one in a truck accident, we can evaluate your case and determine whether a wrongful death claim may be an appropriate option.
Why Choose Our Staten Island Truck Accident Lawyers?
At Chelli & Bush, Attorneys at Law, we’ve served clients in Staten Island, Brooklyn, and surrounding communities for over 50 years. With more than $500 million recovered, we take on insurers and trucking companies with strength, strategy, and patience. You pay no upfront costs and won’t owe attorneys’ fees unless we recover compensation for you.
Find a Truck Accident Lawyer Near You in Staten Island
At Chelli & Bush, Attorneys at Law, we listen to your story, explain your options, and provide the compassionate support you need to move forward after an injury. To schedule a free consultation with a truck accident attorney near you in Staten Island, NY, contact us or call 718-987-8444.
Frequently Asked Questions about Truck Accident Lawsuits in New York
How much is my case worth?
Because trucks carry high-limit policies, more coverage is typically available for catastrophic injuries. The value of your case depends on the severity of your injuries and the impact they have had on your life. We work with medical professionals, life care planners, and economists to calculate the true cost of your current and future needs.
How long will my truck accident injury case take?
Unlike most car accident claims, a truck accident case usually takes a year or more to resolve. Extensive investigations, settlement negotiations, and determining the full scope of your medical needs takes time. If an insurer won’t offer a reasonable settlement, we will take your case to trial.
Do I need a lawyer for a truck accident lawsuit?
Yes. Trucking companies and their insurers investigate the crash immediately and start formulating defenses right away. Our team provides the dedicated legal advocacy needed to safeguard your rights, manage multiple defendants, and build strong cases that prove negligence.
How long do I have to file a truck accident lawsuit in New York?
Generally, the statute of limitations for truck accident lawsuits is three years in New York. However, if a government vehicle was involved, you may have only 90 days to file a Notice of Claim, so it’s important to contact an attorney as soon as possible.










