Rochester Truck Accident Lawyer

Millions Recovered for Commercial Vehicle Crash Victims

If you or a loved one has been injured in a truck accident in Monroe County or Upstate New York, our Rochester truck accident lawyers at Horn Wright, LLP can help.

Backed by decades of experience and millions of dollars in verdicts and settlements, we have a  deep understanding of the complexities involved in these cases, including the unique laws and regulations governing the trucking industry and the challenges of litigating against powerful companies and commercial insurers. Whatever your case involves, we’re here to help you navigate the legal process and fight for the compensation you deserve. 

Our award-winning team is available 24/7 and offers FREE consultations. Call (855) 465-4622 or contact us online to request yours.

Causes of Truck Accidents

Truck accidents are often devastating due to the sheer size and weight of commercial trucks. While some accidents are caused by unavoidable circumstances, many are preventable and occur due to negligence or reckless behavior. These preventable causes can give rise to personal injury claims, allowing victims to pursue compensation for their injuries and damages. 

Below are some of the most common preventable causes of truck accidents:

1. Driver Fatigue. Fatigued drivers have impaired reaction times and decision-making abilities, increasing the likelihood of accidents. Although federal hours-of-service rules limit driving hours, some drivers and companies violate these rules. If a driver exceeds their hours and causes a crash, they may be liable.
2. Distracted Driving. Distracted driving can have severe consequences. Truck drivers must maintain focus on the road due to the size and danger of their vehicles. Distracted driving is a clear form of negligence and can result in liability for the driver.
3. Speeding and Reckless Driving. Trucks require more time and distance to stop. When truck drivers speed or drive aggressively, they increase the risk of losing control or causing an accident.
4. Improper Loading or Overloading. Improperly loaded or overloaded cargo can make trucks unstable, causing rollovers or jackknife accidents. Liability may fall on cargo loaders or trucking companies if they fail to follow proper loading procedures or exceed weight limits.
5. Equipment Failure and Poor Maintenance. Mechanical failures, such as brake malfunctions or tire blowouts, can cause serious accidents. Trucking companies are required to regularly inspect and maintain their vehicles. If poor maintenance or defective parts cause an accident, the company or manufacturer may be liable.
6. Driving Under the Influence. Truck drivers face stricter DUI regulations, with a legal BAC limit of 0.04%. Victims of DUI-related truck accidents may pursue claims against the driver and, in some cases, the trucking company if they failed to screen or monitor the driver.
7. Failure to Follow Traffic Laws. Truck drivers must follow all traffic laws. Running red lights, unsafe lane changes, and failing to obey signals are common causes of accidents. Violations of these laws can lead to liability for the truck driver.
8. Inexperienced or Poorly Trained Drivers. Inexperienced or poorly trained drivers are more prone to mistakes, such as misjudging distances or handling the vehicle incorrectly. If a trucking company hires underqualified drivers or fails to provide proper training, they may share responsibility for any accidents caused.

When a truck accident is caused by preventable factors, victims have the right to pursue compensation through a personal injury claim. Establishing liability often requires proving that the truck driver, trucking company, or other party was negligent and that this negligence directly caused the accident and resulting injuries. 

Different Types of Truck Accidents

Horn Wright, LLP is known throughout the region for our ability to handle all types of cases. This includes trucking accident claims involving various types of wrecks:

• Rollover Accidents: A rollover occurs when a truck tips onto its side or roof. This can happen due to speeding, sharp turns, improper loading, or dangerous road conditions. Rollovers are particularly dangerous for nearby vehicles.
• Jackknife Accidents: In a jackknife accident, the trailer of a truck swings out to form an “L” shape, resembling a folding knife. This often happens when a truck driver brakes suddenly or loses control on slick roads, and it can lead to multi-vehicle collisions.
• Rear-End Collisions: Large trucks take much longer to stop than passenger vehicles. If a truck driver is distracted or fails to maintain a safe following distance, they may rear-end a car, leading to severe injuries for occupants of the smaller vehicle.
• Underride Accidents: An underride accident occurs when a smaller vehicle slides underneath the trailer of a truck. These accidents are often fatal due to the devastating impact on the car’s roof and passengers.
• Tire Blowouts: When a truck experiences a tire blowout, the driver can lose control, causing the vehicle to swerve into other lanes. Blowouts can also leave debris on the road, creating hazards for other drivers.
• Wide Turn Accidents: Trucks require a large turning radius, and when a driver doesn’t properly account for this, they may swing wide and hit other vehicles or pedestrians.

Each type of truck accident presents unique challenges in terms of liability, and at Horn Wright, LLP, we know how to investigate and build a strong case regardless of the accident type.

Common Truck Accident Injuries

Due to the size and weight of commercial trucks, the injuries sustained in truck accidents are often catastrophic and may require long-term medical care. Common injuries include:

• Traumatic Brain Injuries (TBI): The force of a truck accident can cause serious head trauma, leading to concussions or more severe brain injuries that affect cognitive and physical functions.
• Spinal Cord Injuries: Damage to the spinal cord can result in partial or full paralysis, significantly altering a victim’s quality of life and ability to work.
• Broken Bones: The immense impact of a truck crash often leads to fractures or broken bones, which may require surgery or extended recovery periods.
• Internal Injuries: Truck accidents frequently cause internal bleeding or damage to organs, which may not be immediately apparent but require emergency treatment.
• Severe Lacerations and Burns: Victims may suffer deep cuts from broken glass or metal, as well as burns from fuel or fires caused by the accident.
• Amputations: In the most severe accidents, victims may lose limbs due to the impact of the crash or as a result of medical complications.

These injuries can lead to long-term disability, medical expenses, and emotional suffering. Our team will fight to secure full compensation for your injuries and losses.

Steps To Take After a Truck Accident

If you’ve been involved in a truck accident, taking certain steps can protect your health and legal rights:

1. Call 911: Report the accident to the police and request medical assistance for any injuries. A police report will be a critical piece of evidence for your claim.
2. Seek medical care: Even if you don’t feel seriously injured, it’s essential to get checked by a medical professional. Some injuries may not present symptoms immediately.
3. Document the scene: If possible, take pictures or videos of the accident scene, the vehicles involved, and any visible injuries. Collect the contact information of witnesses.
4. Avoid speaking with the trucking company’s insurer: The trucking company’s insurance adjusters may try to minimize your claim. It’s important to speak with an attorney before providing any statements.
5. Contact a truck accident lawyer: Truck accident cases are complex, involving multiple parties and regulations. Consulting with an experienced attorney early can help preserve evidence and build a strong case.

How Do You Determine Fault In a Truck Accident?

Determining fault in a truck accident can be more complicated than in a typical car accident due to the number of parties involved. Potentially liable parties include:

• Truck driver: The driver may be at fault if they were speeding, distracted, fatigued, or driving under the influence.
• Trucking company: The trucking company may be liable if they failed to properly train or supervise the driver, enforced unrealistic schedules that encouraged unsafe driving, or neglected vehicle maintenance.
• Truck manufacturer: If a defective truck part, such as brakes or tires, contributed to the accident, the manufacturer may be held responsible.
• Cargo loaders: Improperly loaded or overloaded cargo can cause a truck to tip over or jackknife. The party responsible for loading the truck may share liability.

Our team at Horn Wright, LLP will conduct a thorough investigation to determine which parties are responsible for your accident and work to hold them accountable.

Who Is Liable For a Truck Accident Injury?

Truck accident liability can involve multiple parties, making these cases more complex than standard car accidents. Depending on the circumstances, the following parties may be held liable:

• The Truck Driver: If the driver was negligent—speeding, distracted, or driving under the influence—they can be held liable for the accident.
• The Trucking Company: Companies that own the truck or employ the driver can be held vicariously liable for the actions of their drivers. They can also be directly liable if they failed to properly maintain the vehicle, hire qualified drivers, or enforce safe driving practices.
• Manufacturers: If a defect in the truck’s design or manufacturing caused the accident, the manufacturer of the truck or parts (like brakes or tires) can be held responsible.
• Third-Party Contractors: If maintenance was outsourced to a third-party company and that company failed to properly maintain the vehicle, they may also share liability.

New York Truck Accident Statute of Limitations

In New York, the statute of limitations for filing a personal injury lawsuit after a truck accident is three years from the date of the accident. This means you must file your claim within this time frame, or you risk losing your right to pursue compensation. However, the timeline may vary depending on the specifics of your case, especially if a government entity is involved or if the accident resulted in a fatality.

It’s important to consult with an attorney as soon as possible to ensure that all deadlines are met and evidence is preserved.

Damages Available For Truck Accident Claims

Victims of truck accidents may be entitled to recover both economic and non-economic damages, including:

• Medical expenses: Past and future medical bills, rehabilitation costs, and long-term care needs.
• Lost wages: Compensation for time missed from work and reduced earning capacity.
• Pain and suffering: Non-economic damages for physical pain, emotional distress, and loss of enjoyment of life.
• Property damage: Costs associated with repairing or replacing your vehicle and any other damaged property.
• Punitive damages: In cases of extreme negligence, such as reckless driving or violating safety regulations, punitive damages may be awarded to punish the at-fault party and deter future misconduct.

Do I Need A Lawyer For A Truck Accident?

Truck accident cases are often more complex than car accident cases due to the involvement of multiple parties, federal trucking regulations, and the severity of injuries. An experienced truck accident lawyer can:

• Investigate the accident: Gather evidence, including truck driver logs, maintenance records, and black box data, to build a strong case.
• Handle negotiations: Trucking companies and their insurers often try to minimize payouts. Your lawyer will negotiate on your behalf to ensure a fair settlement.
• File a lawsuit: If a fair settlement isn’t reached, your lawyer will take your case to court and represent you at trial.

Process For Filing A Truck Accident Claim In New York

The process for filing a truck accident claim typically involves:

1. Reporting the accident: Contact law enforcement and file an accident report.
2. Seek medical care: Document your injuries through medical records.
3. Consult with an attorney: A lawyer will evaluate your case and advise you on your legal options.
4. Investigation: Your lawyer will gather evidence, including police reports, witness statements, and truck maintenance records.
5. Negotiations: Your attorney will negotiate with the insurance companies and any liable parties to reach a settlement.
6. Filing a lawsuit: If a fair settlement cannot be reached, your attorney will file a lawsuit and represent you in court.

At Horn Wright, LLP, we handle every step of the legal process and fight to secure the best possible outcome for our clients.

Call For a FREE Consultation: (855) 465-4622

With a team of talented attorneys and ample resources, Horn Wright, LLP is positioned to help victims fight back against trucking companies and insurance carriers that want to protect their own financial interests and pay out as little as possible. Whether you were injured in Monroe County or a nearby part of New York, we’re available 24/7 to help. 

Request a FREE review of your case by calling (855) 465-4622. Horn Wright, LLP serves clients statewide and works on contingency, which means there’s no fee unless we win.