A collision with a commercial truck is more than just a car crash; it’s an immediate battle against a corporate giant. To secure your future, you need a Queens truck accident lawyer who knows their playbook and is ready to fight back with equal force.
The Law Offices of Jason B. Kessler was founded to level the playing field for ordinary citizens and give the injured a powerful voice. Call our team at (914) 220-1088 for an immediate, free case evaluation.
Table of Contents
- Why Choose Us for Your Truck Accident Case
- Beyond the Driver: Uncovering Every Liable Party
- Waging a War on Two Fronts: State and Federal Law
- What Kinds of Evidence Are Used To Build a Case?
- Calculating the Full Value of a Queens Trucking Injury Claim
- Key New York Laws That Affect Your Claim
- FAQ for Queens Truck Accident Lawyer
- Get an Advocate on Your Team
Why Choose Us for Your Truck Accident Case
When you’re up against a commercial trucking company, you need more than just an attorney; you need a strategic champion. The Law Offices of Jason B. Kessler offers formidable legal representation for victims of truck collisions in Queens.
We have the resources, tenacity, and specific knowledge these complex cases demand.
We Know Queens’ Commercial Routes
Our firm’s deep roots in the community give us an undeniable edge. We have firsthand knowledge of the borough’s industrial zones and the commercial traffic that floods its arteries. We know the unique dangers of the Brooklyn-Queens Expressway and the treacherous merge points on the Van Wyck Expressway leading to JFK.
A jackknife accident on the Long Island Expressway presents different challenges than a delivery truck hitting a pedestrian near the Queens Center Mall. An overloaded construction vehicle in a work zone near LaGuardia has its own set of liabilities.
A seasoned Queens truck accident lawyer from our firm uses this specific local knowledge to conduct a more effective and insightful investigation into the cause of your crash.
Our Firm’s Rapid Response Protocol
We understand that time is your enemy. Trucking companies dispatch their own investigators and lawyers to the scene within hours, working to control the narrative from the very beginning.
Our firm counters this with an aggressive rapid response protocol designed to protect you and preserve the truth. A semi-truck accident attorney from our office sends an immediate spoliation letter to the trucking company.
This legal notice commands them to preserve every shred of evidence, including:
- The Truck’s Black Box: This device, also known as an Electronic Logging Device (ELD), records critical data about the truck's speed, braking, and hours of service.
- Driver Logs and Records: We demand the driver's full employment history, training records, communication logs, and any history of substance abuse testing.
- Maintenance and Inspection Reports: These documents show if the truck was properly maintained or if a mechanical failure contributed to the collision.
Focused on Maximum Financial Recovery
A truck crash causes catastrophic injuries and devastating financial losses. The Law Offices of Jason B. Kessler is relentless in pursuing the full value of your claim. We prepare every case as if it will go to trial, showing the defense we’re not afraid of a courtroom battle.
This approach gives us leverage during negotiations. We assemble a team of respected medical and financial experts to document the lifelong costs of your injuries.
For a free discussion about your legal options, contact the Law Offices of Jason B. Kessler at (914) 220-1088.
Beyond the Driver: Uncovering Every Liable Party
In a commercial truck accident, the driver is often just the first link in a long chain of negligence. A successful claim requires a deep investigation to identify every person and company whose poor decisions contributed to your injuries.
This strategy expands the potential sources of compensation. The Law Offices of Jason B. Kessler looks past the obvious to find the hidden defendants. Our Queens truck accident lawyers dissect the entire operation to hold every responsible party accountable.
The Trucking Company’s Role
The trucking company, or motor carrier, has a legal duty to prioritize safety. They’re responsible for the actions of their drivers and the condition of their fleet.
We investigate the company’s own negligence, which often includes:
- Hiring Practices: Did the company hire a driver with a known history of reckless driving, accidents, or substance abuse issues?
- Training Deficiencies: Was the driver properly trained to handle the specific type of truck and cargo they were transporting?
- Pressure To Violate Regulations: Did the company encourage or pressure drivers to violate federal Hours-of-Service rules to meet unrealistic deadlines?
Negligent Shippers and Maintenance Crews
Other third parties may also share the blame. The company that loaded the trailer is responsible for securing the cargo correctly and ensuring it’s not overloaded. An unbalanced or overweight load can cause a driver to lose control, leading to a jackknife or rollover accident.
The maintenance company that services the truck may be liable. We investigate the service records to determine whether brake failure, a tire blowout, or another mechanical problem caused the crash.
Our Queens commercial truck accident lawyers look for skipped inspections or shoddy repair work that put a dangerous vehicle on the road.
Waging a War on Two Fronts: State and Federal Law
Truck accident cases are fought on two fronts. They involve New York State traffic laws and a dense web of federal regulations created by the Federal Motor Carrier Safety Administration (FMCSA). A law firm that doesn’t master both is at a significant disadvantage.
The Law Offices of Jason B. Kessler is fluent in the language of the FMCSA. We use these complex federal rules to our advantage, finding violations that prove systemic negligence on the part of the trucking company.
Uncovering Hours-of-Service Violations
Driver fatigue is a leading cause of truck collisions. Federal law strictly limits a commercial driver's hours on duty and behind the wheel without taking a break. Many companies push their drivers to violate these Hours-of-Service rules.
A knowledgeable Queens truck accident lawyer from our firm dissects the driver’s electronic logs and other records. We look for evidence of falsified logs or driving patterns that show a clear disregard for these vital safety regulations.
Holding Companies to Federal Maintenance Standards
The FMCSA mandates a strict regimen of inspection, maintenance, and repair for all commercial trucks. These rules cover everything from brake systems and tires to lights and steering components. A failure to adhere to these standards puts everyone on the road at risk.
Our attorneys pore over the truck’s maintenance records, looking for red flags. We often hire our own expert mechanics to inspect the truck’s wreckage.
When we find a violation that contributed to the crash, we use it to build a robust case of negligence against the company that owned or serviced the vehicle.
What Kinds of Evidence Are Used To Build a Case?
A successful claim is built on a mountain of evidence. While you focus on healing, your legal team works to gather and analyze every piece of information that tells the story of what happened.
An experienced Queens truck accident lawyer from our firm knows what to look for and acts quickly to secure it before it disappears.
We build your case using a wide array of powerful evidence, including:
- Vehicle and Scene Evidence: We immediately hire professional investigators to photograph the crash scene, take measurements, and document the final resting positions of the vehicles and debris.
- Electronic and Paper Records: We secure the truck’s black box data, the driver’s communication logs with dispatch, post-collision drug and alcohol test results, and all company maintenance files.
- Witness and Expert Testimony: We find and interview anyone who saw the crash, and we retain top experts in accident reconstruction, mechanical engineering, and federal trucking regulations to provide analysis and testimony.
Calculating the Full Value of a Queens Trucking Injury Claim
The injuries caused by a semi-truck collision are often permanent and life-altering. Calculating the compensation for these claims is far more complex than in a standard car accident. It requires looking years, or even decades, into the future to understand the full financial impact.
Our firm's Queens truck accident lawyers work with a team of leading medical and economic experts. We build a comprehensive life care plan that details every expected cost. This plan accounts for your medical needs, lost income, and the personal suffering you have endured.
This detailed approach shows the insurance company that we have done our homework and won’t accept a lowball settlement. We document the need for future surgeries, ongoing therapy, in-home nursing care, and modifications to your home or vehicle.
Key New York Laws That Affect Your Claim
A few specific New York State laws shape the outcome of your truck accident case. While federal regulations govern the trucking industry, these state-level rules control the deadlines for your lawsuit and how financial responsibility gets assigned.
New York’s Statute of Limitations
New York gives you a limited window of time to file a personal injury lawsuit. For most truck accident cases, you have three years from the collision to file your claim in court. This legal deadline is known as the statute of limitations.
If you miss this deadline, the court will almost certainly bar your case forever, and you’ll lose your right to seek compensation from the at-fault parties.
Certain exceptions may shorten this timeline dramatically, especially if a government entity is involved. For example, a claim against the City of New York often requires you to file a Notice of Claim in as little as 90 days.
Comparative Negligence
The trucking company’s insurance provider will look for any reason to blame you for the accident. New York law, however, allows you to recover compensation even if you’re found to be partially at fault. This legal standard is called pure comparative negligence.
Under this rule, a court determines the percentage of fault for each party involved. Your percentage of fault then reduces your total compensation award. For example, if you’re awarded $1,000,000 in damages but found to be 10% responsible for the crash, your award would be reduced by $100,000, leaving you with a recovery of $900,000.
Your attorney’s job is to use evidence to minimize your percentage of fault and fight back against the insurance company's blame-shifting tactics.
FAQ for Queens Truck Accident Lawyer
How Are Truck Accident Cases Different From Car Accident Cases?
Truck accident cases are significantly more complex than accidents involving passenger vehicles. They involve different laws, including federal trucking regulations, and require an investigation into corporate negligence, not just driver error.
The injuries are typically more severe, the evidence is more technical (like black box data), and victims are squaring off against a large company with a team of lawyers, not just an individual’s insurance policy.
The Trucking Company's Insurance Adjuster Called Me. What Should I Do?
Don’t speak with them and don’t sign anything they send you without first consulting a lawyer. Their job is to protect their company by getting you to say something that hurts your case or by tricking you into accepting a very low settlement.
Politely decline to speak and tell them that your attorney will be in contact.
What if I Think a Mechanical Failure on the Truck Caused the Crash?
Tell your Queens truck accident lawyer immediately if you suspect brake failure, a tire blowout, or another truck issue caused the collision. Your attorney can investigate the truck’s maintenance history.
They may even hire an expert mechanic to inspect the vehicle's remains to prove that poor maintenance was a cause of the crash.
How Much Is My Truck Accident Case Worth?
There is no simple answer to this because every case is unique. The value of your claim depends on many factors, including the severity of your injuries, the amount of your medical bills and lost wages, your long-term prognosis, and the level of negligence shown by the trucking company.
An attorney evaluates all these factors to determine the full and fair value of your case.
Who Is Responsible if a Tired Driver Caused My Accident?
If driver fatigue caused your crash, there are likely multiple responsible parties. The driver is responsible for their choice to drive while drowsy.
However, the trucking company is also likely liable for pressuring the driver to violate Hours-of-Service rules or for failing to monitor their logs to prevent such violations. Your Queens truck accident lawyer will pursue a claim against both the driver and their employer.
Get an Advocate on Your Team
Right now, it may feel like all the power is on the other side. They have the resources, the lawyers, and the head start. But the one thing they don’t have is the truth on their side. This is your moment to fight back.
Shift the balance of power by arming yourself with a legal champion who isn’t intimidated by their tactics. You bring the resolve; we’ll provide the strength. Contact the Law Offices of Jason B. Kessler at (914) 220-1088 for your free and confidential case evaluation.