Fatal Truck Accidents

Large trucks, especially commercial ones, are a constant presence on New York City streets. Due to their domineering size and heavy weight, trucks can cause serious injuries when they hit a car, pedestrian, cyclist, or even another truck.

The National Highway Traffic Safety Administration’s 2024 report recorded 5,340 people killed in crashes involving large trucks across the United States, down 2.5% from 2023.

Sadly, many of these tragic accidents are preventable. For the family members and friends left behind, it’s devastating. If your loved one was killed in a truck accident involving a tractor-trailer, big rig, semi-truck, garbage truck, or another commercial vehicle, you might be eligible for compensation.

To learn more about your legal options or receive a free case evaluation, call the compassionate and experienced NYC truck accident attorneys at the Raphaelson & Levine Law Firm at 212-268-3222.

Fatalities in NY Trucking Accidents

NYC DOT reports there are nearly 1,000 miles of designated roadway and that the city has one of the “most complex truck route systems” in the United States. Large commercial trucks using this route system must share road space with everyone else.

18-Wheelers and other large commercial trucks weigh about 20-30 times more than the average passenger vehicle (40 tons vs. two tons), and the impact that occurs in a truck crash is significant for those on the other side of a truck collision.

In that 2024 NHTSA report, 70% of people killed in large-truck crashes were occupants of other vehicles.

Pedestrians and cyclists are also particularly vulnerable. Commercial trucks are a necessary presence on New York City roadways, but this doesn’t mean any catastrophic injuries and fatalities associated with truck crashes are acceptable.

Common Causes of Fatal Truck Accidents

A fatality occurring in a truck accident is heartbreaking, especially when an investigation shows the truck crash was preventable. Unfortunately, numerous accidents involving large commercial trucks and tractor-trailers could be avoided if traffic laws are obeyed and smarter decisions made by truckers and their companies.

Many factors can lead to a fatal truck accident in NYC; here are some of the most common reasons these accidents occur.

Distracted Drivers

Distracted driving is the top contributor to any motor vehicle accident, including trucks. The State of New York prohibits any driver from using handheld cellphones by law. Unfortunately, many truck drivers disregard this regulation and use their phones anyway. In the mere seconds it takes to unlock a phone, dial a number, or even answer a call, a driver can lose control of their truck or hit something in their path.

Aggressive Drivers

Road rage is a real condition. Drivers under pressure to complete a job get angry at their circumstances and drive unsafely by weaving in and out of lanes, racing through yellow or red traffic lights, or tailgating other drivers in their way. In NYC, this is particularly dangerous due to its crowded streets and problematic road designs. When an aggressive trucker breaks traffic safety laws, it often results in a serious accident.

Driver Fatigue

The freight industry relies heavily on trucks transporting goods from one place to another. Many drivers in the trucking industry are given tight schedules with long hours.

Despite federal trucking regulations restricting the number of hours a driver is allowed to spend on the road during a trip, many truck companies put stress on their drivers to expedite their deliveries where they lose valuable rest.

This results in tired drivers who are at risk of falling asleep behind the wheel, although even well-rested drivers sometimes succumb to driver fatigue. The stress associated with driving a heavy truck is mentally exhausting.

Impaired Drivers

We all hope no driver would get behind the wheel while drunk or otherwise impaired. Sadly, it happens more often than we’d like to hear, and truck drivers aren’t immune to the risks associated with driving while impaired. Drivers may have a few drinks to relax from stress or take drugs to boost their alertness. Any type of substance, illegal or legal, that inhibits judgment creates higher risks for other people navigating NYC streets.

Hazardous Road Conditions

NYC’s road design is not only complex; in many sections of the five boroughs, streets are poorly designed and badly maintained. Potholes, uneven roads, crumbling pavement, obstructed signs, and debris in traffic lanes are common. Drivers who miss these conditions or fail to safely navigate them increase the risk of being involved in a fatal truck accident.

Inclement Weather

NYC’s winter months are often cold, windy, snowy, and icy. Summer months bring heavy rains and the occasional tropical storm strength conditions. Careless drivers operating trucks on inclement weather days increase already hazardous conditions. Bad weather increases the risk of a truck sliding, flipping over, or jackknifing. Anyone in the path of a wayward truck is more likely to be injured or killed.

Blind Spots

Blind spots are another problem that may contribute to any of the above causes of truck accidents. A tractor-trailer truck driver’s blind spot is quite large and, even under the best of circumstances, they may miss a vehicle, pedestrian, cyclist, or motorcyclist sharing the roadway. Coupled with illegal, erratic, or reckless behaviors, the results could be devastating.

Types of Fatal Truck Crashes

The sheer size of a commercial truck is enough to equate to a devastating truck crash. Victims on the other side of the truck wreck often don’t have a chance to get out of a wayward large vehicle. Any collision with a large commercial truck can lead to serious injury, considerable vehicle damage, and, tragically, death. Common types of fatal truck crashes include:

Wide Turns

Commercial truckers who take a right-hand turn without adequately calculating the distance of those in their path or knowing their surroundings can hit people or other vehicles.

Head-on Crashes

Any head-on collision creates risk for a fatality, but when a truck is involved, the sheer size and weight can cause serious enough damage to kill another driver or passenger.

Rear-End Crashes

The heavy weight of a commercial truck pushing into another vehicle often leads to a serious accident, which can result in a fatality.

Lost Loads

Improperly or carelessly loaded freight is at risk of falling from a truck and striking anyone in its way as it spills onto NYC streets. Trucks moving at excessive speeds or dropping heavy goods will cause a serious accident. Also, exceeding federal regulations for the legal amount of goods that can be loaded can result in trucks losing loads and potentially hitting people who share the city streets.

T-Bone Crashes

Truck drivers who illegally run through intersections crashing perpendicularly into another vehicle create a T-bone crash. These are serious since the other vehicle bears the brunt of the crash and weight of the commercial truck.

Truck rollovers

Truckers who lose control of their rig and tip it over create a rollover situation. It is dangerous for pedestrians, cyclists, or smaller vehicles in the vicinity when this type of event occurs.

Jackknifes

Big rigs are highly susceptible to jackknifing. It occurs when a trucker pushes the brake hard too quickly, resulting in the tractor-trailer forming a 90-degree angle. Jackknife accidents are commonly caused by driver error and are among the most preventable types of large commercial truck crashes.

Tire blowouts

When a truck’s tire blows out, the driver can quickly lose control of the truck, especially if traveling at high speed. This is because there is no time or ability to correct the motion, putting anyone or thing in its path at risk for injury or death.

These are several of the common causes of fatal truck accidents; still, there could be other factors as well, including but not limited to brake problems, traffic flow interruption, speeding, unfamiliarity with roadway, and inadequate surveillance.

Wrongful Death

New York’s no-fault insurance system provides benefits for certain covered losses without requiring proof of fault. The applicable insurance policy and available benefits depend on the circumstances of the crash and the person injured.

However, even though New York is a no-fault insurance state, victims of motor vehicle accidents do have the right to pursue justice and compensation if it can be proven the trucker, or another responsible party, was negligent.

To qualify for a wrongful death claim, NYS does require specific criteria to be met.

• Family member is deceased.
• Death was caused by someone’s negligence or wrongful conduct.
• Victim, had they survived, would have had grounds for a personal injury lawsuit.
• Surviving family members suffered specific damages from the death of their loved one.

In fatal truck accidents, there can be many potential instances of negligence. For example:

• The truck driver or trucking company could have falsified or lied about drive time logged in, or exceeded federal regulations for allotted loads.
• The trucking company did not properly maintain its vehicles.
• The driver acted with disregard for NYS traffic laws.
• The manufacturer didn’t recall a vehicle due to a known problem.

Who is Liable for a Deadly Truck Crash?

Unlike a car accident lawsuit where the responsible motorist is typically held liable, a truck accident is often complex. The liable party could be the truck driver, trucking company, truck manufacturer, or the owner of the goods loaded on the truck. A skilled accident lawyer can examine the details of a truck accident case and determine if there is cause for negligence and identify the responsible party.

A fatal truck accident may give rise to both a wrongful death action and a separate survival action. Wrongful death compensation covers the financial losses suffered by the eligible surviving family members, including lost financial support and qualifying medical and funeral expenses. A survival action may recover damages for the conscious pain and suffering the deceased endured before death. New York does not award wrongful death compensation for the family’s own grief, emotional distress, or loss of consortium. Punitive damages may be available when the legal requirements are met.

What Is the Statute of Limitations in NY?

A New York wrongful death action generally must be commenced within two years after the date of death under EPTL § 5-4.1. The general three-year personal injury period under CPLR § 214 is a different rule. Exceptions and special rules can affect the time available, so an attorney should review the facts and applicable deadlines as soon as possible.

Truck companies will have their insurance carriers and attorneys working at the accident scene immediately, and victims should protect themselves. Waiting too long to file a case could result in evidence being gone or not enough time to build a strong truck accident claim.

Call Today for a Free Consultation with a Fatal Truck Accident Lawyer

When a negligent party causes a cherished family member’s death, it is often difficult to move forward without closure. No amount of money will make up the loss of your loved one, but you can hold the negligent party accountable for their wrongful acts.

The personal injury attorneys at Raphaelson & Levine have over 34 years of motor vehicle accident experience. We will work on your behalf to pursue justice and hold the parties at fault responsible for their role in the fatal crash.

Our trial lawyers are thoroughly versed in New York State Traffic and Wrongful Death laws. Our legal team will conduct a case review, investigate the commercial truck accident, determine any contributing factors, identify the negligent parties, and seek compensation from whoever is liable for your loss.

We promise to stand with you every step of the way and be your voice in the courtroom to tell your story. Call the Raphaelson & Levine Law Firm at 212-268-3222 or complete our contact form to receive a free consultation.