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Trucking Accidents

Trucking accidents can be devastating and life-altering, resulting in serious injuries or fatalities. In New York, trucking accidents occur daily and are a significant concern for residents and visitors alike. Suppose you or a loved one has been involved in a trucking accident. In that case, it is essential to seek the help of a knowledgeable and experienced attorney who can help you navigate the complex legal system and obtain the compensation you deserve.

At Viscosi Law, we understand the severity of trucking accidents and the devastating impact they can have on the lives of those involved. Our team of experienced attorneys has a proven track record of success in handling trucking accident cases in New York. We are committed to fighting for our client’s rights and ensuring they receive the compensation they are entitled to.

Trucking accidents can occur for various reasons, including fatigue, distracted driving, equipment malfunction, and improper maintenance. Our attorneys have the experience and knowledge to investigate your case and identify the responsible parties thoroughly. We work with a team of experts, including accident reconstruction specialists and medical professionals, to build a strong case and hold the responsible parties accountable.

Trucking Accidents Facts

  • Large trucks are involved in a significant number of accidents in New York each year.
  • According to data from the New York State Department of Motor Vehicles, there were 10,268 crashes involving large trucks in 2019.
  • Of those crashes, 2,414 resulted in injury and 80 were fatal.
  • Large truck crashes accounted for 4.8% of all crashes and 12.4% of fatal crashes in New York in 2019.
  • In addition to fatalities and injuries, trucking accidents can also result in significant property damage and financial losses for those involved.
  • Trucking accidents can be caused by a variety of factors, including driver fatigue, distracted driving, speeding, mechanical issues, and more.
  • It is important to hold trucking companies and their drivers accountable for their actions and ensure that victims receive the compensation they deserve.

Types of Trucking Accidents

There are several types of trucking accidents that can occur on the roadways. Each of these accidents can result in serious injury or even death. Here are some types of trucking accidents that can occur:

Rear-End Collisions

A rear-end collision is a car accident that occurs when one vehicle strikes another from behind. It is one of the most common types of car accidents and can result in serious injuries or even death, depending on the speed and force of the impact.


In a rear-end collision, the driver of the rear vehicle is usually at fault for not maintaining a safe following distance or failing to brake in time to avoid a collision. However, there are cases where the front vehicle driver may share some or all of the fault, such as if they suddenly brake without warning or if their brake lights are malfunctioning.

Rear-end collisions can happen in various settings, including on highways, intersections, parking lots, and residential streets. They can involve cars, trucks, and other types of vehicles. In some cases, they may also apply to multiple vehicles, especially if one vehicle is pushed into another vehicle due to the initial impact.

Jackknife Accidents

Jackknife accidents are a type of trucking accident that occurs when large commercial truck skids and its trailer swings out to one side, forming an angle that resembles the shape of a folding knife. This type of accident often occurs when the driver brakes too hard, causing the truck to lose traction and spin out of control.

When a jackknife accident occurs, the truck’s trailer can swing out and collide with other vehicles, causing severe damage and injuries. The truck may also block several lanes of traffic, causing additional accidents and delays.

Jackknife accidents are hazardous because they involve large, heavy vehicles that can cause significant damage and injuries. These accidents are also challenging to avoid, as they occur suddenly and without warning.

Trucking companies and drivers are responsible for operating their vehicles safely and taking precautions to avoid jackknife accidents. When they fail to do so, they may be held liable for any damage or injuries that result.

Rollover Accidents

Rollover accidents are a type of trucking accident that occurs when a large commercial truck, such as a tractor-trailer, flips onto its side or rolls over onto its roof. These accidents are often the result of speeding, taking turns too quickly, overloading the truck, or equipment failure.

Rollover accidents can be hazardous because they often involve the truck colliding with other vehicles or spilling cargo onto the road. The impact of a rollover accident can cause serious injuries or fatalities to the truck driver and other motorists, and can also result in significant property damage.

Rollover accidents are not only caused by the negligence of the truck driver but can also be the result of the negligence of the trucking company, such as overloading the truck beyond its capacity or failing to maintain the truck’s equipment properly. In these cases, the trucking company may be held liable for the damages caused by accident.

Underride Accidents

Underride accidents occur when a passenger vehicle collides with a truck and gets trapped underneath the truck’s trailer. These accidents are hazardous because the roof of the passenger vehicle is often crushed or sheared off, leading to serious injuries or fatalities. Underride accidents are most commonly caused by a truck driver’s failure to check blind spots or properly secure the trailer, but poor road conditions, equipment failure, or other factors can also cause them.

In New York, trucking companies and drivers can be held liable for underride accidents if they were caused by negligence, such as failing to maintain the truck or failing to follow safety regulations properly. Victims of underride accidents may be entitled to compensation for their injuries and other damages. 

Blind Spot Accidents

Blind spot accidents are a type of trucking accident that occurs when a truck driver is unable to see other vehicles, pedestrians, or objects in their blind spots. Blind spots, also known as “no zones,” are areas around the truck where the driver’s visibility is limited or completely obstructed.

Blind spot accidents can occur when a truck driver makes a lane change or turns without checking their blind spots, leading to a collision with another vehicle or pedestrian. These accidents can be hazardous because of the size and weight of commercial trucks, which can cause significant damage and injuries.

To prevent blind spot accidents, truck drivers should regularly check their mirrors and physically turn their heads to check blind spots before maneuvering. Other drivers should also be aware of a truck’s blind spots and avoid lingering in them for extended periods.

T-bone Accidents

A T-bone accident, also known as a broadside collision, occurs when the front of one vehicle collides with the side of another vehicle at a right angle. These types of accidents often occur at intersections or when one vehicle attempts to make a turn. T-bone accidents can be particularly dangerous because the side of a vehicle offers less protection to passengers than the front or back, and the impact can cause serious injuries or fatalities.

Lost Load Accidents

A lost load accident is a type of trucking accident where the cargo carried by truck falls off onto the roadway or other vehicles, causing damage and potentially leading to serious injuries or fatalities. Such accidents can happen for various reasons, such as improper loading, overloading, or insecure cargo. When a truck driver fails to secure or distribute the load properly, the cargo can become unbalanced or fall off the truck, posing a significant hazard to other vehicles on the road.

In addition to causing damage and injuries, lost load accidents can lead to significant traffic disruptions and delays, as the debris must be cleared from the road. The resulting cleanup efforts can be time-consuming and costly, and the responsible parties may be held liable for the expenses incurred.

Lost load accidents are a serious safety concern on the roads, and truck drivers and companies need to take appropriate measures to ensure the secure transportation of their cargo.

Various factors, including driver error, equipment failure, and weather conditions can cause trucking accidents.

Types of Charges

Several types of charges can result from a trucking accident in New York, depending on the circumstances of the accident. Some possible charges include:

Negligent Homicide

Negligent homicide is a criminal charge that can be brought against a person who causes the death of another person due to negligence. In the context of trucking accidents, if a truck driver’s negligence results in the death of another person, they may be charged with negligent homicide. Negligent homicide can occur in various ways in trucking accidents, such as:

  • Failure to properly maintain the truck leading to mechanical failure and subsequent accidents
  • Fatigued driving or violation of hours of service regulations
  • Distracted driving, such as texting or using a mobile phone while driving
  • Driving under the influence of drugs or alcohol
  • Failing to yield or driving too fast for the conditions
  • Improperly securing cargo, leading to loss of control or rollover accidents
  • Inadequate driver training or hiring practices

If truck driver is charged with negligent homicide in the context of a trucking accident, they may face severe criminal penalties, including imprisonment and fines. Additionally, the victim’s family may pursue a wrongful death lawsuit against the truck driver and their employer to seek compensation for damages such as medical expenses, funeral costs, and loss of income and support.

Vehicular Manslaughter

Vehicular manslaughter is a serious criminal charge that can result from a trucking accident that causes the death of another person. In New York, a person can be charged with vehicular manslaughter in the second degree if they operate a motor vehicle while under the influence of drugs or alcohol and cause the death of another person.

A person can also be charged with vehicular manslaughter in the first degree if they commit the offense of vehicular manslaughter in the second degree and have previously been convicted of certain crimes or if they operate the vehicle with a gross vehicle weight rating of over 18,000 pounds and cause the death of another person while committing a traffic violation.

If convicted of vehicular manslaughter in the second degree, a person can face up to 4 years in prison. A conviction for vehicular manslaughter in the first degree can result in up to 15 years in prison. In addition to facing criminal charges, a truck driver may also be subject to civil liability for the accident and may be required to pay damages to the victim’s family.

Reckless Driving

Reckless driving is a common cause of trucking accidents. It occurs when a truck driver behaves in a way that shows a disregard for the safety of others on the road. This can include speeding, tailgating, swerving, and weaving in and out of traffic. Reckless driving can also include driving under the influence of drugs or alcohol, driving while distracted, and driving while fatigued. 

When truck driver engages in reckless driving and causes an accident, they may face criminal charges and civil liability for any injuries or damages caused. In addition, the trucking company that employs the driver may also be liable for the accident if they knew or should have known that the driver was engaging in reckless driving behavior.

Leaving the Scene of an Accident

Leaving the scene of a trucking accident, also known as a hit and run, is a serious criminal offense in New York. It is defined as the act of leaving the scene of an accident without stopping to exchange information or render aid to any injured parties. In the case of a trucking accident, this can result in significant damage and injury.

Under New York law, any driver involved in an accident resulting in injury or death is required to stop and exchange information with the other parties involved. This includes providing your name, address, registration number, and insurance information. If there are any injured parties, you must also render aid or contact emergency services if necessary.

Failing to stop and exchange information after a trucking accident can result in criminal charges, including a felony charge, if the accident resulted in serious injury or death. In addition to criminal charges, the driver may be held liable in a civil lawsuit for any damages or injuries resulting from the accident.

It is important to remember that leaving the scene of a trucking accident is never the right decision. Even if you are scared or unsure of what to do, stopping and taking responsibility for your actions is important.

Overweight or Oversized Load Violations

Overweight or oversized load violations refer to transporting cargo or goods that exceed the weight or size limits established by law. In New York, commercial vehicles are subject to specific size and weight limitations to ensure road safety and prevent infrastructure damage. Overweight or oversized load violations are common in the trucking industry, often resulting in accidents, injuries, and property damage.

When commercial vehicles exceed the legal weight or size limits, they can cause a wide range of problems, including:

  • Increased stopping distances, which can cause rear-end collisions
  • Reduced visibility and maneuverability
  • Structural damage to bridges and roadways
  • Tire blowouts and other mechanical issues
  • Overloading, which can result in cargo spills or shifting
  • Increased risk of rollover accidents

The penalties for overweight or oversized load violations can be severe in New York. Violators may be subject to fines, license suspensions, and even criminal charges. Additionally, carriers may face civil liability for any accidents or injuries caused by overweight or oversized loads.

Equipment Violations

Equipment violations for trucking accidents can refer to a variety of issues with the truck’s equipment or maintenance, including:

  1. Brake failure or malfunction
  2. Tire blowouts or tread separation
  3. Steering system failures
  4. Broken or missing headlights or taillights
  5. Improperly secured cargo
  6. Faulty trailer hitch or connections
  7. Defective or worn out safety equipment, such as reflective tape or warning signs
  8. Malfunctioning engine or transmission
  9. Inadequate maintenance or repair of the truck
  10. Failure to install required safety equipment or warning devices

Equipment violations can be a contributing factor in trucking accidents and can result in serious injuries or fatalities. It is important for trucking companies and drivers to properly maintain and inspect their equipment to ensure it is in safe working condition before hitting the road.

These are just a few examples of the types of charges that could result from a trucking accident in New York, and the specific charges will depend on the circumstances of the accident. It’s essential to work with an experienced attorney if you are facing any charge related to a trucking accident.

How Viscosi Law Can Help You

Viscosi Law is committed to helping individuals involved in a trucking accident in New York. Our experienced attorneys have the knowledge and expertise to navigate the complexities of trucking accident cases, from determining liability to negotiating with insurance companies and seeking compensation for damages.

We understand the devastating impact a trucking accident can have on your life, and we are dedicated to helping you obtain justice and move forward from experience. Our team is available to provide compassionate guidance and legal advocacy every step of the way.

At Viscosi Law, we prioritize communication and transparency with our clients, keeping you informed and involved in the legal process from start to finish. We offer a free initial consultation to evaluate your case and discuss your legal options.

If you have been involved in a trucking accident in New York, do not hesitate to contact Viscosi Law for experienced and dedicated legal representation.

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