Queens is one of the busiest freight areas in the country. JFK’s cargo area, the Van Wyck, the Long Island Expressway, the BQE and the Cross Island Parkway service roads carry tractor-trailers, box trucks, sanitation trucks and delivery vans around the clock. When a truck hits a car, pedestrian or cyclist, the injuries are often life-changing. Here’s how a Queens truck accident attorney approaches these cases.
Why truck cases are different from car cases
- More defendants. The driver, the trucking company, the owner of the trailer, the shipper or loader, and maintenance contractors may all share responsibility.
- More insurance. Commercial carriers often carry much larger policies than ordinary drivers.
- Federal rules. Interstate carriers must follow Federal Motor Carrier Safety Administration regulations, including hours-of-service limits on driving time.
- More evidence, including electronic logging devices, dashcams, GPS and maintenance files. It can disappear if nobody asks for it.
Holding the trucking company responsible
An employer is generally responsible for its driver’s negligence on the job. New York also makes vehicle owners liable for crashes by people driving with their permission under VTL § 388. Companies sometimes claim their drivers are “independent contractors” to avoid liability; our guide on vicarious liability in truck cases explains how that argument is challenged.
Common causes of Queens truck crashes
- Driver fatigue and hours-of-service violations
- Wide right turns and blind-spot lane changes
- Speeding and tailgating on the expressways
- Brake failures and poor maintenance
- Overloaded or improperly secured cargo
- Distracted driving
No-fault and the serious injury threshold
If you were in a car, your own no-fault coverage usually pays your first medical bills and some lost wages, and the application is generally due within 30 days. To recover pain and suffering from the truck’s owner and driver, you generally need a “serious injury” under Insurance Law § 5102(d). Given the size of trucks, many victims meet this threshold.
Act quickly to preserve evidence
We send preservation letters demanding the driver’s logs, ELD data, dashcam footage, inspection reports and the truck’s black box data, and we move to inspect the truck before it’s repaired. Deadlines are short if a city vehicle, such as a sanitation truck, was involved: a notice of claim is generally due within 90 days.
Learn more on our truck accident practice page and in our New York truck accident guide. We represent crash victims throughout Queens.
Visit Yakov Mushiyev & Associates
Our office is at 1 Cross Island Plaza, Suite 325, Rosedale, NY 11422, just off the Cross Island Parkway on the Queens–Nassau border. If you can’t come to us, we’ll come to you: at home, in the hospital or by video.
Talk to a Queens truck accident attorney today
Yakov Mushiyev & Associates has recovered over $80 million for injured New Yorkers across the five boroughs and Nassau County. Consultations are free, available in English, Russian and Spanish, and there is no fee unless we win.
Call 718.775.3110 or contact us online for a free case review.
This article is general information, not legal advice. Every case is different. Attorney Advertising.