Understanding Commercial Vehicle Accidents
Commercial vehicle accidents are a significant concern in New York, with far-reaching consequences that can impact businesses, individuals, and the broader community. According to the latest data published by the NYPD, there were 6,696 vehicle crashes in February 2023 alone, out of which 1,204 involved commercial vehicles. Over 38% of these collisions resulted in fatal injuries. These numbers represent a sobering reality that underscores the importance of understanding the causes, liability, and legal implications of commercial vehicle accidents.
What is Considered a Commercial Motor Vehicle (CMV) in New York?
As per the New York State Vehicle and Traffic Law Section 501, a commercial motor vehicle (CMV) is defined as a motor vehicle or combination of motor vehicles used to transport passengers or property that meets one or more of the following criteria:
- Has a gross vehicle weight rating (GVWR) of 10,001 pounds or more
- Is designed or used to transport more than 8 passengers (including the driver) for payment, and those designed or used to transport more than 15 passengers, including the driver, and not used for payment
- Is used to transport hazardous materials in quantities that require special warning placards, as determined by the Secretary of Transportation under 49 U.S.C. 5103 and 49 CFR, subtitle B, chapter I, subchapter C.
Even vehicles that fall below these weight and passenger thresholds may still be considered commercial vehicles if they are used for business purposes, such as delivering goods or transporting workers to a job site.
Why Hiring an Experienced NYC Commercial Vehicle Accident Attorney is Important
When it comes to CMV accidents in New York, having a tenacious commercial vehicle accident attorney on your side can make a significant difference for the following reasons:
1. Commercial Vehicle Accident Cases are More Complex
These claims can be complicated and require a thorough understanding of federal and state trucking regulations, as well as the ability to establish the indirect liability of the trucking company and other third parties.
Proving the negligence of the truck driver, their employer, trucking brokers, cargo loader, or repair and maintenance providers can be difficult, and it may be necessary to enlist the help of expert witnesses in truck engineering, medicine, forensics, and accounting to reconstruct the accident and gather evidence. With the help of an experienced CMV accident lawyer, you can ensure that all liable parties are held accountable and that you receive the maximum compensation possible.
2. Liability Denials by the Truck Companies and Insurers are Common
It’s not exactly a secret that in CMV accident claims in New York, trucking corporations and their insurance providers are often more focused on protecting their financial interests than on fairly compensating injured parties. While the accident may be a catastrophic event for you, for these companies, it's just another day at work. From the moment the commercial driver reports the accident, they will mobilize all their resources and legal expertise to reduce or deny your claim altogether.
That's why it's crucial to work with a capable attorney after your accident – one who specializes in commercial vehicle claims. They will have the resources and knowledge necessary to take on powerful trucking companies and insurance carriers and establish their negligence.
3. Considerable Resources are Necessary to Pursue a Court Trial for a CMV Lawsuit
In commercial vehicle accident cases in New York, it's crucial to have a legal team that can go toe-to-toe with the powerful defendants on the other side. Without adequate financial and legal resources, some law firms may not be able to collect evidence, hire expert witnesses, and take on the legal departments of the insurers. To secure the compensation you truly deserve, it's important to partner with a lawyer who possesses both the legal acumen and financial firepower to match the resources of the negligent parties.
4. An Attorney Can Use CMV Black Box Data to Prove Fault in Accidents
Most commercial vehicles in New York have an event data recorder (EDR), also known as a black box. Hiring an experienced CMV accident attorney can help you secure the crucial evidence stored in the EDR, including data from the Engine Control Module (ECM).
The ECM can provide information on the vehicle's location, speed, braking activity, hours of service, communication between the driver and their employer, and more. Your attorney will work with a team of investigators and accident reconstructionists to gather evidence from the crash site, eyewitness accounts, driver logs, and company records to build a strong case and prove liability.
Don't Let the Trucking Companies Win. Get the Leading New York Commercial Vehicle Accident Attorneys on Your Side
If you are looking for the most capable and proven commercial vehicle accident lawyers in New York, look no further than The Law Offices of Michael S. Lamonsoff. Known as "The Bull" among his clients for his unrelenting and unforgiving fight against insurance companies, Michael S. Lamonsoff is one of the highest rated personal injury lawyers in the state.
With our strong history of settlements and verdicts, even the most powerful defendants may eventually agree to a large settlement in your favor. Should the need become a reality, we're prepared to take your case to trial with maximum legal might. Call us now at 212-962-1020 or contact us online to schedule a free consultation.