The Bronx sees its share of truck traffic on both local roads and interstates. Whether you were hit on the Bruckner Expressway or sideswiped on the CBE, our team wants to help. Call Aviles Law Firm PLLC today for a free consultation. We can learn more about your accident and injuries, while you can learn more about how a truck accident lawyer in the Bronx can help you.
Recoverable Damages After a Truck Accident
If you’ve been involved in a truck accident, the aftermath can be overwhelming. Beyond the initial shock and physical pain, you may be dealing with mounting medical bills, time away from work, emotional distress, and uncertainty about your future. Fortunately, you have the right to pursue compensation for the damages you’ve suffered, and our personal injury lawyers are here to help you get it.
Truck accidents often lead to serious injuries that carry significant financial and emotional costs, including:
- Traumatic brain injuries (TBIs), which can lead to memory issues, cognitive impairment, or long-term disability, often requiring costly ongoing treatment
- Spinal cord damage, which may result in partial or full paralysis and long-term care expenses reaching into the millions
- Fractures and orthopedic injuries, which often require surgeries, physical therapy, and extended time off work
- Internal injuries, which are often life-threatening and demand intensive care
- Emotional trauma and PTSD, which may require therapy, medications, and long-term support
Even so-called “minor” injuries like whiplash or soft tissue damage can impact your ability to work and live normally, leading to additional financial strain.
You may be entitled to compensation for a wide range of recoverable damages, such as:
- Medical expenses: Emergency care, hospitalization, surgery, rehabilitation, and future medical needs
- Lost income: Wages lost during recovery, as well as diminished future earning capacity
- Miscellaneous expenses: The costs of traveling for treatment or renovating your home to accommodate a wheelchair
- Pain and suffering: Physical pain, emotional anguish, and long-term psychological effects
- Property damage: Costs to repair or replace your vehicle and any other personal property
- Loss of enjoyment of life: If your injuries prevent you from participating in activities you once enjoyed
At Aviles Law Firm, PLLC, we understand how devastating a truck accident can be, and we’re here to help you recover what you’re owed. Our team will:
- Investigate the accident thoroughly
- Work with medical and financial experts to document your injuries and losses
- Handle negotiations with insurance companies
- Fight to secure the full and fair compensation you deserve
You don’t have to face this alone. Let us handle the legal burden so you can focus on your recovery and rebuilding your life with confidence.
Why We’re the Right Firm to Handle Your Truck Accident Case
Choosing the right law firm after a truck accident could be one of the most important decisions you make. At Aviles Law Firm, PLLC, we don’t just handle personal injury cases; we take on the most challenging ones and deliver results that speak for themselves.
Proven Track Record of Success
Our lawyers combined have over 100 years of experience and have recovered over a billion dollars for clients for injury victims, many in multi-million-dollar settlements and verdicts. We’ve earned a reputation for delivering results in high-profile, high-stakes cases where other firms back down.
One of those results includes $25 million for a woman who was hit by a leased tractor-trailer. She suffered serious spinal injuries in the crash.
Our results reflect our ability to navigate complex litigation, uncover hidden liabilities, and fight tirelessly for maximum compensation.
The Strength Behind Our Reputation
We’re not a volume-based firm that settles quickly and moves on. We treat every client as if their case will go to trial, and we prepare accordingly. Our litigation team employs advanced trial strategies, expert witness coordination, and meticulous evidence gathering to make sure nothing is left to chance.
What sets us apart?
- We take the cases that other firms won’t. If it’s tough or complex, we want it.
- Nearly half of our cases are referred by other lawyers who trust us to get results.
- We’re known for handling the most difficult trucking and commercial vehicle cases, including those involving multiple parties, regulatory violations, or catastrophic injuries.
- We are among the most successful personal injury law firms in NYC, considered by many colleagues as the most successful Hispanic-owned law firm in NYC, and have been recipients of many awards including, “Best of the Best”.
- Our attorneys have secured some of the largest verdicts and settlements in New York history, including in trucking cases.
Committed to You, Every Step of the Way
At Aviles Law Firm, PLLC, you’re not just another case file. We’re committed to providing you with the highest level of legal representation, compassionate support, and a relentless drive to see justice served. From the moment you contact us, we’ll take the time to understand your needs, explain your rights, and build a legal strategy tailored to your specific circumstances.
You’ve been through enough. Let us take it from here.
How Negligence Leads to Truck Accidents and Why These Cases Are So Complex
The Cross Bronx Expressway sees up to 150,000 vehicles each day, many of them trucks. This section of I-95 is a critical freight route that takes goods throughout the city. That’s just one roadway of many that is often crowded with tractor-trailers and 18-wheeler trucks.
When you’re sharing the road with large commercial trucks, one moment of negligence can have life-altering consequences. Truck drivers and the companies they work for are held to high standards because of the sheer size and danger these vehicles pose. Unfortunately, when those standards are ignored, accidents happen, and drivers in much smaller vehicles are often the ones who suffer.
Common Forms of Negligence in Trucking Accidents
Negligence in truck accidents can take many forms, including:
- Driver fatigue: Truckers often drive long hours under tight deadlines, despite strict regulations. A fatigued driver may have slower reaction times or fall asleep at the wheel.
- Distracted driving: Texting, using a GPS, eating, or any form of distraction can lead to devastating crashes.
- Speeding or aggressive driving: When a driver exceeds the speed limit or drives recklessly to meet a delivery schedule, they put everyone around them at risk.
- Impaired driving: Whether due to alcohol, drugs, or prescription medications, impairment is a serious and dangerous form of negligence.
- Poor vehicle maintenance: Failing to maintain brakes, tires, lights, or other critical components can result in mechanical failure on the road.
- Improper cargo loading: An unbalanced or overloaded truck can become unstable, tip over, or make stopping nearly impossible.
Each of these actions or inactions can create a hazardous situation with catastrophic consequences. We’ll determine why your accident happened and hold all involved parties liable.
Why Truck Accident Cases Are More Complicated
Truck accident claims aren’t like ordinary car accident cases. They involve multiple layers of responsibility, specialized regulations, and high financial stakes. Here’s why these cases are more complex:
- Multiple liable parties: Unlike a typical crash, liability may fall on the truck driver, their employer, a maintenance company, the truck manufacturer, or even a third-party shipper. In most cases, if the truck driver is liable, the trucking company will be too, due to vicarious liability laws.
- Federal and state regulations: Trucking companies must follow guidelines set by the Federal Motor Carrier Safety Administration (FMCSA), including limits on drive time, maintenance requirements, and licensing. Proving violations requires in-depth knowledge of these laws.
- Black box data and logs: Commercial trucks often have electronic control modules that record data about speed, braking, and more. Accessing and interpreting this information is critical, but not always straightforward.
- Aggressive defense teams: Trucking companies often have legal teams and insurance adjusters who respond immediately to protect their interests. They may try to shift blame or minimize your injuries.
- Higher damages: Due to the severity of truck accidents, claims typically involve larger financial compensation, which makes insurance companies fight even harder to avoid paying full value.
What Laws Apply to My Truck Accident Case?
As we discussed above, both state and federal laws apply to your case, which can complicate matters. Here are some laws you should be aware of.
Hours of Service Regulations
In an attempt to prevent accidents caused by fatigued driving, the Federal Motor Carrier Safety Administration (FMCSA) created hours of service regulations. These rules limit how long a truck driver can stay behind the wheel or on duty without rest breaks. Violation of these regulations can be grounds for a claim or lawsuit.
Texting and Driving
FMCSA prohibits commercial motor vehicle (CMV) drivers from texting while driving, defining it as manually entering or reading text from electronic devices, including messages, emails, or web pages. This regulation also prohibits drivers from speaking on the phone if they have to hold the phone or press more than one button to dial. If a distracted driver caused your crash, we can use violation of this law to establish negligence.
Intoxicated Driving
No drivers are allowed to drive while under the influence. However, the limit for commercial drivers is half the regular limit. If a truck driver has a blood alcohol content (BAC) of 0.04 or above, they are legally intoxicated. We can use this as proof of negligence.
New York’s Statute of Limitations
Under New York law, the statute of limitations for most personal injury lawsuits (CPLR § 214), including truck accidents, is three years from the date of the accident. That means you generally have three years to file a lawsuit against the responsible party. If you overstep this limit, you risk recovering nothing.
That’s why you want to speak with an experienced attorney as soon as possible. At our firm, we make sure no deadlines are missed, so your case stays on track from day one.
New York’s Comparative Negligence Law
New York follows a pure comparative negligence rule, which allows accident victims to recover compensation even if they contributed to the accident. However, it is important to note that your percentage of fault will decrease the compensation you recover.
For example, if a court finds that you were 20% at fault for the accident and your final damage award was $1 million, you would still be entitled to recover $800,000. This legal framework can be especially important in truck accident cases, where trucking companies and their insurers often try to shift blame to reduce their payout. Our job is to push back by investigating the facts, gathering evidence, and making sure liability is assigned fairly. With our firm on your side, you won’t be left paying for someone else’s negligence.
Can I Afford Legal Help?
When you’ve been injured in a truck accident, the last thing you should worry about is how to afford legal representation. That’s why we handle truck accident cases on a contingency fee basis. This means you pay nothing upfront, no hourly rates, no retainers, and no out-of-pocket costs while your case is ongoing. We only get paid if we successfully recover compensation for you, either through a settlement or court verdict.
This structure allows you to level the playing field against trucking companies and their insurers without the burden of legal fees standing in your way. Our interests are fully aligned with yours: the better your result, the better ours.
See How Our Truck Accident Lawyers Can Help After a Bronx Wreck
At Aviles Law Firm, PLLC, we have the resources and experience to take on complex truck accident cases. We know how to uncover negligence, hold all responsible parties accountable, and fight back against powerful insurance companies. Our team will guide you through the process, gather crucial evidence, and work tirelessly to secure the compensation you need to move forward.
You deserve someone who understands both the legal challenges and the human impact of a trucking accident; we’re here to be that advocate.
Call us today to get started with a free consultation.