The Klein & Cardali Law Group, PLLC


Truck Accidents

New York Lawyers

According to the Institute for Traffic Safety, the preliminary automobile crash report for New York in 2023 resulted in over 11,000 large truck accidents. From this number, there were nearly 3000 non-fatal personal injury accidents and 38 that resulted in a fatality. Trucks, big-rigs, and other large commercial vehicles that are involved in accidents with smaller, lighter vehicles or pedestrians, almost always result in serious injuries or death.

Often times there is a lot of pressure for truck drivers to deliver goods on strict timelines. This can lead to poor decisions, such as traveling at unsafe speeds or impairments such as using amphetamines to stay awake. Other factors involving truck accidents can be weather conditions such as snow and ice, that can cause trucks to “jack-knife” and lose control of the road.

Truck Accidents
Common Truck Accidents Include:
  • Aggressive driving or road rage;
  • Intoxication and impairment;
  • Distracted by using cell phone for texting or calls;
  • Speeding;
  • Failing to observe and to yield the right of way;
  • Falling asleep at the wheel;
  • Following vehicles too closely;
  • Passing cars improperly;
  • Disregarding traffic signals;
  • Making improper turns;
    Being an inexperienced driver;
  • Changing lanes improperly;
  • Backing up without looking.
No Fault and Serious Threshold of Injury Law:

New York State follows what is known as “no-fault insurance” law (sometimes referred to as “personal injury protection insurance” or “PIP”) . That means regardless of who was at fault for the accident, your medical expenses and lost wages will be covered by the insurance company if the laws have been followed correctly.  

Article 51 of the insurance law states that in order to pursue a lawsuit for  personal injury from an automobile accident, you must establish a basic economic loss exceeding $50,000 or have suffered a “serious injury.”  

Serious injuries are defined as follows:

  • Death;
  • Dismemberment;
  • Significant disfigurement;
  • A fracture;
  • Loss of a fetus;
  • Permanent loss of the use of a body organ, member, function or system;
  • Permanent consequential limitation of the use of a body organ or member;
  • Significant limitation of the use of a body function or system;
  • A medically determined injury or impairment of a non-permanent nature which prevents the injured party from performing substantially all of the material acts which constitute such person’s usual and customary daily activities for not less than ninety (90) days during the one hundred and eighty days (180) immediately following the occurrence of the injury or impairment.
No-Fault regulations require you to file a claim within 30 days of your accident.
Need Help?

If you were involved in a truck accident, let us help guide you through the legal process.  Contact us now for a free consultation.