New York Truck Accident Attorneys Proudly Serving the Bronx
Have you been seriously injured in a New York truck accident or lost a loved one in a crash with a commercial vehicle? The NYC trucking accident lawyers at Maggiano, DiGirolamo & Lizzi offer free consultations. We know the complexities of truck accident litigation, and we will explore all of your options to get you the compensation you deserve.
Our attorneys have over a century of combined experience representing the victims of accidents involving NYC trucking accidents. Contact Maggiano, DiGirolamo & Lizzi at (212) 543-1600 today for a FREE consultation. Our Bronx trucking accident lawyers serve clients throughout the five boroughs and other areas of New York.
How Do I Find a Good New York Truck Accident Lawyer?
There is no substitute for experience. This is especially true when you or someone you love has been involved in a trucking accident.
Most people don’t think about hiring a lawyer until they need one. When they do, it is difficult to know where to start. Some of the most common ways to find a truck accident attorney include:
- Asking friends and family for recommendations
- Searching online
- Reading online reviews
To be sure, you can find a capable lawyer by taking these steps. Generally, it is best to consult multiple attorneys before deciding which one to hire. Important questions to ask include:
- What percentage of your cases involve trucking accidents?
- Have you handled many truck accident claims like mine?
- What results have you achieved in truck accident claims?
- Do you think I have a viable truck accident case? How much is it worth?
- How are your fees structured? Will I be required to pay anything upfront or before the case is over?
All of this information is important to consider before you come to a decision on which lawyer or law firm should handle your truck crash claim. However, going into your search “blind” can be time-consuming and leave you feeling uncertain about which attorney to choose.
Consider the following to see if Maggiano, DiGirolamo & Lizzi is the right firm for you after a trucking crash:
Truck Accident Experience in the Bronx
Few attorneys have the depth and breadth of experience with trucking accident litigation that we have. Our partner attorneys have made trucking cases a priority throughout their decades of legal practice:
- Michael Maggiano – 48 years
- Christopher DiGirolamo – 29 years
- Michael Lizzi – 31 years
Together, our partners have been handling trucking accident claims for more than 100 years. This extensive experience encapsulates not only countless settlement negotiations with high-powered insurance companies but many trials where we have successfully held truck drivers, trucking companies, and other parties accountable for negligence and wrongdoing.
Truck Accident Results
Maggiano, DiGirolamo & Lizzi has achieved millions of dollars in verdicts and settlements for our clients in truck accident claims.
Verdicts and Settlements
$5,000,000 - Trucking Accident
Recovery to a husband, wife and four children as a result of a tractor trailer making an improper turn into the right of way of the family SUV in which the husband was operating with wife in the front passenger seat and four children secured in the rear seat compartment area.
$1,478,000 - Tractor Trailer Accident
To a 41 year old police officer injured off duty in his own parked car when a tractor trailer hit the officer’s open driver’s side door, forcing the car up onto the sidewalk.
$1,067,000 - Truck Collision
To a female truck driver who suffered fibromyalgia following a multi-vehicle accident.
Claims involving semi-truck collisions are notoriously difficult to win. Many lawyers make the mistake of handling a truck accident like any other type of auto crash. In reality, these cases are significantly more complex – especially when it comes to arguing the case before a jury.
You need to know that the Bronx truck accident lawyer you choose recognizes the unique challenges and issues and has the experience, knowledge, and tenacity to fight on your behalf. Our award-winning trial attorneys embody these qualities, enabling us to achieve outstanding results on behalf of trucking accident victims.
Truck Accident Local New York Knowledge
At Maggiano, DiGirolamo & Lizzi, we know how the high rate of semi-truck traffic on major commercial routes like Interstate 95, Interstate 495, and Interstate 78 can make driving a nightmare. We understand firsthand how often 18-wheelers are involved in serious collisions in NYC.
The NYPD recorded 586 crashes involving large commercial vehicles in 2021. Commercial trucks were the third most likely vehicle to be in a collision, accounting for approximately 7% of all motor vehicle accidents in New York City.
Convenience and accessibility are major considerations when choosing a truck accident lawyer. But, in addition to looking for attorneys near you, it is of the utmost importance to ensure that the lawyer or law firm has an in-depth familiarity with local roads, courts, and applicable laws – as well as the federal regulations that govern commercial trucking.
Who Is Liable for a Truck Accident?
One of the biggest differences between a collision with an 18-wheeler and other types of vehicle accidents is the fact that multiple parties may be liable. It is crucial for your truck accident attorney to investigate and determine all of the individuals, companies, and other parties whose negligence led to the crash.
Some of the parties commonly held liable for trucking accidents include:
Truck Drivers
The truck driver is the first person whose conduct needs to be scrutinized in determining how the collision happened and who is at fault. Many different actions can constitute negligence on the part of a truck driver, including:
- Speeding
- Reckless driving (e.g., running red lights and stop signs, disobeying other traffic signs and signals, failure to check blind spots, etc.)
- Aggressive driving (e.g., following other drivers too closely, cutting off other vehicles in traffic, etc.)
- Overly wide turns
- Distracted driving
- Being late, in a rush, or getting lost
- Lack of sleep
- Failure to inspect the truck and the cargo before driving
- Driving while under the influence of alcohol or drugs
Some instances of carelessness on the part of a truck driver are isolated incidents with horrific consequences. In other cases, however, truck drivers who cause crashes are part of a larger and more alarming trend reflective of the trucking industry’s consistent emphasis of speed and profits ahead of safety.
Trucking Companies
Although the actions of the truck driver are the most obvious place to look when investigating a tractor trailer accident, it is also extremely important to consider the role of the trucking company. If the driver is an employee of the carrier, the trucking company can be held responsible for damages through a legal concept known as vicarious liability.
Vicarious liability is the legal responsibility of a party in a position of power (i.e., a trucking company) for the wrongful acts of a subordinate (i.e., a truck driver). If an employee’s negligence or misconduct in the course of his or her employment results in an injury, the employer is vicariously liable for damages.
Direct negligence on the part of the trucking company also exposes the carrier to liability for accidents. Some of the most common examples of trucking company negligence include:
- Failure to hire drivers with the necessary licensing, qualifications, and safe driving record
- Not training or retraining truck drivers in the company’s employ
- Failure to inspect, maintain, and repair trucks under the company’s control
- Pushing truck drivers to exceed the hours of service regulations established by the Federal Motor Carrier Safety Administration (FMCSA) to reduce the incidence of accidents caused by operator fatigue
- Failure to screen drivers for drug abuse
- Disregarding medical examination requirements for drivers and ignoring disqualifying conditions
Ultimately, commercial carriers are responsible for following all state laws and federal regulations that pertain to their operations. The rules are extensive, but they are designed first and foremost with public safety in mind. When trucking companies violate these rules, innocent motorists are typically the ones who suffer the greatest harm.
Truck and Parts Manufacturers
The average commercial 18-wheeler is 53 feet long and can weigh up to 80,000 pounds when it is fully loaded. Proper design is essential for trucks. In addition, the parts need to be designed and manufactured so trucks can operate safely when hauling heavy loads.
One of the most important steps in any truck accident claim is preserving the truck and the trailer. Expert inspection may reveal that the crash was caused by a failure of one or more parts. If this is the case, the manufacturer of the truck and/or the faulty part can be held liable for injuries and damages you sustain in the collision.
Shipping Companies
The FMCSA maintains extensive rules for the loading and securement of cargo. When shipping companies fail to abide by these rules, cargo can shift during transit or spill out into the roadway. Either of these situations can lead to serious accidents.
Inspection of the trailer and review of the driver’s logs may reveal negligence on the part of the truck driver, the shipping company, and/or the carrier. Any and all of these parties can be held liable if they fail to secure the cargo and this in turn causes an accident (either between the semi and another vehicle or where the driver collides with cargo that fell off of the truck).
Truck Mechanics and Maintenance Companies
Commercial carriers have a duty to maintain the trucks in their fleet. This job is generally performed by an in-house fleet services division of the company or by a third-party mechanic or maintenance business.
Errors on the part of a mechanic or maintenance company can cause parts on the truck to fail or serious issues to go unrepaired. By inspecting the truck and company records, a Bronx trucking accident lawyer can determine if negligence on the part of the trucking company and/or an outside service provider contributed to the crash.
Government Entities
State and local governments are responsible for roads. Unfortunately, potholes, uneven grading, debris, and other hazards are not always promptly addressed. This is especially true of roads with a high volume of commercial trucks, which tend to degrade much faster.
The risk of accidents increases when roads are unsafe. If a government agency’s failure to maintain the road caused a crash with a semi-truck, you can bring a claim against the government for damages.
Other Drivers
Truck drivers are not the only ones who make serious mistakes behind the wheel. Some crashes occur because the driver of the 18-wheeler is trying to avoid a collision with another motorist. Unfortunately, the massive size of big rigs means that evasive action to avert one accident can lead to the semi-truck inadvertently hitting another vehicle.
Proving that another driver started the “chain reaction” that ultimately led to your injuries can be difficult, especially if the first crash was avoided. Our Bronx truck accident lawyers will fully investigate to identify any additional at-fault parties.
What Is My New York Truck Accident Claim Worth?
The value of your case after a trucking accident depends on the losses you have sustained. Injuries in these cases tend to be much more severe than in other types of crashes. As such, a substantial amount of compensation is often on the line.
A New York City truck accident lawyer will fully evaluate the damages in your claim and fight for a favorable result on your behalf. You may be entitled to recovery for the following:
- Medical expenses for treatment of injuries following the semi-truck crash
- Costs associated with ongoing medical care and rehabilitation
- Lost wages
- Loss of earning capacity
- Expenses you pay out of pocket, such as the cost of traveling for medical care, hiring household help, modifications to your vehicle and home, etc.
- Damage to your personal property (including your vehicle and other items)
- Pain and suffering
- Mental and emotional distress
- Scarring and disfigurement
- Disability
- Loss of your quality and enjoyment of life
If your loved one was killed in a collision with a tractor-trailer, a truck accident attorney can pursue compensation on behalf of your family through a wrongful death claim. Damages you may be able to recover for wrongful death as a result of a deadly collision with a big rig include:
- Funeral expenses
- The cost of burial or cremation
- Lost wages and economic support
- The cost of medical care provided to your loved one before his or her death
- Loss of support and services
- Your relative’s conscious pain and suffering prior to death
Punitive damages may also be recoverable in truck accident claims involving personal injury or wrongful death. Unlike the economic and non-economic damages described above, punitive damages are only awarded if the evidence shows that the misconduct of the defendant(s) was intentional or constituted gross negligence.
The majority of personal injury cases do not meet the threshold for a punitive damages award. Nevertheless, it is important to explore all of the potential compensation in your truck accident claim.
What Are the Most Common Injuries in Truck Accidents?
Basic physics accounts for the majority of 18-wheeler crashes where the truck driver is at fault. Unsafe operation negatively affects the driver’s visibility, compromises the ability to maintain a safe stopping distance, and more.
Physics also explains why the outcome of a truck crash is typically so much worse for the people in passenger vehicles than it is for the truck driver. In a collision, the occupants of the car are subject to a much greater force. This can lead to a wide range of serious injuries, including:
- Traumatic brain injuries
- Injury to the face, including the eyes, nose, mouth, and jaw
- Whiplash and other trauma to the neck
- Trauma to the back
- Spinal cord injuries
- Broken bones
- Soft tissue damage
- Amputation injuries
- Internal bleeding and organ damage
- Severe burns
Semi-truck accidents also carry a high probability of fatality. Motorists are much more likely to die in an accident with a commercial truck than they are in a collision with a smaller vehicle.
What Our New York Truck Accident Lawyers Can Do for You
Truck accident litigation is a highly specialized area of law. Victims who try to handle the case on their own are likely to end up with a fraction of the compensation they deserve or, even worse, nothing at all.
Don’t let this happen to you. The veteran trucking accident attorneys at Maggiano, DiGirolamo & Lizzi can assist you with multiple aspects of your case:
- Investigating the cause of the crash and determining who is at fault
- Collecting evidence of negligence or wrongdoing on the part of the truck driver, carrier, etc.
- Reviewing your medical records and consulting your doctors and other medical experts to understand your injuries and how they impact your life
- Hiring experts in commercial trucking, engineering, accident reconstruction, biomechanics, and other specialized fields to provide testimony
- Calculating the damages in your case
- Determining the available insurance coverages
- Submitting demand letters to all of the defendants (or filing a complaint directly with the appropriate court)
- Negotiating a favorable settlement on your behalf
- Filing a lawsuit if a settlement is not reached
- Preparing your case for trial
- Moving for the preservation of trucking company records, the driver’s logbooks, electronic data from the truck’s “black box,” the rig and the trailer, etc.
- Reviewing all physical, documentary, and electronic evidence to build your case
- Presenting your truck accident case at trial
It is especially important to have an experienced attorney on your side if your trucking accident case goes to court. Lawyers for the trucking companies, insurers, and other parties know how to argue that the collision was “no one’s fault – just an accident” and win. Plaintiff’s lawyers who are unfamiliar with defense tactics often don’t know how to counter these arguments, and their clients suffer.
At Maggiano, DiGirolamo & Lizzi, we know how to effectively present truck accident cases to a jury. We rigorously prepare every case as though it will go to trial, enabling us to achieve higher settlements and, if the matter does go to court, argue persuasively for the compensation you deserve.
I cannot thank Mr. Michael Maggiano and his staff enough for their handling of my case. My incident happened before the pandemic, but that did not hinder the performance of Michael, his Paralegal, Ms. Linda Reid, and his support staff. Ms. Reid remained in constant communication with me around the clock and she did her due diligence with gathering all evidence for my case. She left no stone unturned by recording every detail of the incident and my medical history. Every detail is important no matter how minuscule it may seem. Linda has the capacity to make you feel comfortable in one of the most uncomfortable moments of your life. Her explanation and assistance with the court proceedings put me at ease. Michael Maggiano and his Paralegal, Linda Reid will fight to win your case and get their clients what they are owed. Highly recommended!
The Office of Maggiano, DiGirolamo & Lizzi have been so helpful in my case that I just wanted to stress to anyone needing an attorney who has been in an accident that this office is the best. From the beginning of my case I was treated as number one. Mr. Maggiano and staff always kept me informed of the entire process of my case. I even had a driver, Juan, from their office, take me to my medical appointments because I no longer have an automobile. It just made me feel so much more relaxed. This is a law firm makes you feel right at home as soon as you come in. There were many times that I had questions and I would speak to Mariel, Mr. Maggianos’s paralegal and she would always be there to help
I am delighted to provide this testimonial for Mr. DiGirolamo. His representation of me during my case was unflagging over its four-year duration. He kept me informed, and prepared for every eventuality as the case progressed.
He understood my fears and pain, and saw to it that Workmans Comp provided support for me until my civil case was settled. He prepared me substantially whenever necessary. I was very grateful for his understanding of the disastrous effect my accident had on every aspect of my life.
He was always supportive and kind personally, and totally professional. He reminded me to be realistic about the eventual outcome, and advised me as to the importance of my demeanor and attitude.
Everyone I came in contact with at the office was polite and helpful, in particular Marisol Suarez, Mr. DiGirolamo’s paralegal assistant. I will always be grateful for the way my case was handled.
Contact a Bronx New York Truck Accident Lawyer Today
The aftermath of a trucking accident is not something to handle on your own. If you were seriously injured or a member of your family was killed in a collision with a tractor-trailer, you should seek qualified legal guidance as soon as possible.
Maggiano, DiGirolamo & Lizzi handles all claims on a contingency basis. You only pay fees if we recover compensation on your behalf.
Please call Maggiano, DiGirolamo & Lizzi at (212) 543-9630 today for a FREE case review. Our truck accident lawyers serve clients throughout New York City, the Bronx, and other areas of New York.
