Truck Accident

If you’ve experienced emotional distress after an accident, such as anxiety, depression, or post-traumatic stress disorder (PTSD), you may be eligible for compensation. These psychological effects can be just as debilitating as physical injuries. They may interfere with your ability to work, maintain relationships, or go about daily life. The law increasingly recognizes that trauma isn’t always visible, and you have the right to seek justice and support for the emotional impact of an accident. 

At Friedman, Levy, Goldfarb, Green & Bagley, P.C., our New York personal injury attorneys understand how psychological issues can affect you long after an accident. We’re here to explore your legal options and aggressively pursue all possible avenues to full and fair compensation.  

What Counts as Emotional Distress in New York Personal Injury Claims? 

Under New York personal injury law, emotional distress is a form of non-economic damages that may be compensable when it results from another party’s negligence. It refers to the psychological impact of an accident or injury, which can include ongoing mental suffering, fear, anxiety, humiliation, or post-traumatic stress. To recover damages, the emotional harm must be serious, documented, and causally linked to the defendant’s actions. 

Emotional trauma from an accident can take many forms. After a car accident, for example, you may experience panic attacks, flashbacks, a fear of driving or riding in a car, insomnia, or symptoms consistent with clinical PTSD. 

Legal Standards for Emotional Distress Claims in New York 

To recover compensation for emotional distress in a New York personal injury case, the following legal standards may apply: 

• Emotional distress as part of a physical injury claim. If you suffered a physical injury due to someone else’s negligence, emotional damages like anxiety, depression, or PTSD are typically compensable as non-economic damages in addition to medical costs, lost income, and other economic losses. 
• Zone of danger rule. You may recover for emotional distress even without physical injury if you were placed in immediate risk of harm due to another’s negligence. To qualify, you must show you were in the zone of danger, feared for your safety, and developed serious emotional harm as a result. 
• Causal connection required. Emotional harm must be directly linked to the negligent act. Generalized stress or unrelated mental health conditions won’t support a valid claim. 
• Severity matters. The emotional distress must be serious, diagnosable, and documented through professional treatment or expert testimony. Minor or fleeting emotional discomfort is not enough to justify compensation. 
• Economic damages strengthen the claim. While emotional distress falls under non-economic damages, documenting related economic losses, such as therapy costs, psychiatric treatment, medications, or missed work, can support the seriousness of your suffering and strengthen your overall case. 

How Is Emotional Distress Calculated? 

In New York personal injury cases, emotional distress doesn’t have a fixed dollar value like medical bills or lost wages. However, courts and insurance companies often use standard approaches to estimate their value: 

• The multiplier method. Emotional distress is estimated by multiplying the plaintiff’s economic damages (such as medical expenses and lost earnings) by a number typically ranging from 1.5 to 5, depending on the severity and duration of the emotional harm. 
• The per diem method. A daily rate is assigned to the plaintiff’s emotional suffering, which is then multiplied by the number of days the distress is expected to last. 

These methods are not formulas established by law, but they offer a recognized framework for negotiating settlements or presenting damage calculations in court. 

What Evidence Is Needed to Prove Emotional Distress?  

In New York, emotional distress claims must be supported by clear, credible evidence showing both the existence and severity of the harm and its connection to the underlying negligent act.  

The following types of evidence are commonly used: 

1. Professional Evaluations. Diagnoses, treatment notes, or expert opinions from licensed mental health professionals (such as psychologists, psychiatrists, or therapists) are central to validating the claim. 
2. Medical Records. Documentation related to emotional or psychological treatment, including therapy session notes, medication prescriptions, hospitalizations, and referrals from primary care providers. 
3. Personal Journals or Logs. A contemporaneous record of your emotional experience, such as panic attacks, flashbacks, sleep disturbances, or avoidance behaviors, can help demonstrate the day-to-day impact of the trauma. 
4. Lay Witness Testimony. Statements from family members, friends, or coworkers who can attest to noticeable changes in your mood, behavior, or functionality help establish the credibility and extent of your emotional suffering. 

Courts give greater weight to objective, third-party documentation, especially when supported by expert testimony and tied directly to the incident in question. Our attorneys build a clear, compelling case to dispel any doubts that your distress is real, ongoing, and directly related to the incident. 

The Role of an Attorney in Proving Emotional Distress 

Coping with emotional distress is difficult on its own. Pursuing a legal claim can add stress, confusion, and unexpected hurdles. That’s why working with a knowledgeable personal injury attorney is so important. We can: 

• Gather and organize credible documentation of your emotional harm, including medical records, mental health evaluations, and supporting witness statements. 
• Present your emotional distress in a legally compelling way, using language and evidence that courts and insurers recognize. 
• Push back against insurance tactics that attempt to downplay or deny the seriousness of psychological injuries. 
• Advocate for full compensation, including emotional and physical harm, where applicable, so your claim reflects your losses, both tangible and intangible. 

At Friedman, Levy, Goldfarb, Green & Bagley, P.C., we carefully evaluate both the physical and emotional effects of your injury to demonstrate the full scope of your damages. Our team is dedicated to protecting your rights and securing the compensation you need to rebuild your life. 

Schedule a Free Consultation Today 

Emotional distress is a recognized component of many personal injury claims, and with proper documentation and skilled legal representation, you may be entitled to a meaningful recovery. The personal injury attorneys at Friedman, Levy, Goldfarb, Green & Bagley, P.C., assist New Yorkers in navigating complex claims involving emotional and physical injuries.  

If you’re continuing to cope with the effects of a serious accident, contact us to schedule a free, no-obligation consultation today. 

If you or a loved one have been hurt in a motor vehicle collision with a large commercial tractor-trailer or 18-wheeler, you need an attorney who has experience handling truck accident claims. There are unique issues that must be addressed in order to prevail in a lawsuit and maximize your compensation. In New York City, the law office of Friedman, Levy, Goldfarb, Green & Bagley is here to answer any questions you may have.  

Injured in a truck accident? Tap to call for a FREE consultation!

Worse Injuries and Property Damage

The sheer size and weight of a commercial truck mean greater propensity for harm, whether it’s a spinal cord injury, head trauma, internal injuries from a roll-over, burns from a truck transporting flammable cargo, or broken bones. About 29% of all truck accidents result in serious injury, and nearly 1.5 percent result in a fatality. People in passenger cars are the ones who suffer in 73 percent of all truck accidents, according to the National Institute of Traffic and Highway Safety.

Larger Insurance Minimums

Compared to a passenger vehicle accident, the insurance policy limits are higher for commercial vehicles. Yet, for some, the increased availability of cash is still not enough. While commercial trucks have larger insurance minimums than passenger vehicles, the amount required by law was set in the 1980s and has remained unchanged for nearly 40 years, despite inflation. The minimums range from $750,000 to $1 million, depending on the gross vehicle weight and type of cargo carried.

Government representatives have recommended increasing minimum liability insurance to $4.9 million.

Federal Regulations and Trucking Company Policies

Companies operating commercial trucks must comply with state and federal safety regulations. For example:

• Truckers must submit to routine, mandatory drug and alcohol testing.
• Trucking companies must perform routine maintenance on their vehicles and maintain a log of upkeep.
• There are limits on the allowable length and weight of the truck.
• Trucking companies are responsible for pre-hiring screening.
• All drivers must have valid commercial drivers’ licenses.
• There is a maximum number of consecutive hours on the road and mandatory breaks.

A number of additional rules may apply to a trucker’s conduct, based on internal company policies. Policies typically cover substance use, medical disabilities, pre-trip inspections, breaks, maintenance, and virtually every aspect of the job. When there is a deviation in company protocol, the case for liability becomes easier to establish.

Talk with an experienced truck accident attorney for free!

Multiple Party Liability

In addition to the driver of the truck, liable parties may include:

• The truck driver’s employer
• The truck licensing company
• The truck manufacturer
• The truck repair shop
• The cargo loading subcontractor
• Another motor vehicle driver involved in the crash

Compromised Evidence

It is surprisingly commonplace for truckers or trucking firms to falsify their logbooks or reset black box recorders to hide wrongdoing. Experienced truck accident attorneys can recognize inconsistencies and subpoena records from GPS or data recorders that may conflict with the defendants’ accounts.  

We prefer to work with plaintiffs right away, so we can preserve accident scene evidence. Crash scene reconstructionists take detailed notes on the speed and direction traveled, as well as the positioning of each vehicle after the collision. Our team of investigators can interview eyewitnesses, track down surveillance footage, and make sure your vehicle damage is properly documented before it is repaired.

Contact A NYC Truck Accident Lawyer

Friedman, Levy, Goldfarb, Green & Bagley have served New York for over 50 years. We have extensive experience not just in automobile accidents generally, but in truck accidents specifically. Our team understands the unique challenges your lawsuit is likely to face and has a vast arsenal of resources to combat any potential issue that may arise. Contact an NYC truck accident lawyer from our firm for a free consultation and contingency-based representation that costs you nothing upfront.

In the aftermath of a truck crash, it’s only natural to wonder what happened in those moments before the crash, and what could have been done to prevent it. Finding the answers to these questions is crucial to your mental and emotional recovery after such an impactful event.

In this blog, we’ll discuss some of the latest truck accident statistics, so you can see which common factors lead to injuries and fatalities in New York State crashes.   

Injured in a truck accident? Tap to call for a FREE consultation!

Do You Need a NY Truck Accident Lawyer?

According to a summary released by the New York State Department of Motor Vehicles (NYSDMV), nearly 83 percent of all truck crashes in 2014 were attributable to human error. The most recent version of NYS DMV’s “Summary of Large Truck Crashes” report summarized some of the human errors responsible for truck crashes. The most common cause of crashes included:

• Driver inattention/distraction (18.4%)
• Following too closely (15%)
• Failure to yield right-of-way (10.9%)
• Unsafe lane changing (10.5%)
• Passing or improper lane use (10.2%)

Injuries were linked to:

• Following too closely (732)
• Driver inattention/distraction (654)
• Failure to yield right-of-way (425)
• Unsafe speed (420), and
• Unsafe lane changing (320)

The largest number of fatalities were caused by:

• Unsafe speed (17)
• Failure to keep right (12)
• Failure to yield right-of-way (12)
• Pedestrian or bicyclist confusion (9)
• Driver inattention/distraction (7) 

When a trucking accident was, at least in part, caused by human negligence or recklessness, the services of a New York truck accident lawyer can help you recover compensation from your losses. Damages related to truck accident injuries include medical expenses, lost wages, disability-related expenses, and undue emotional suffering.

When you have lost a loved one, a lawsuit can compensate for medical bills, funeral and burial costs, the loss of companionship and support, and emotional distress suffered by surviving family members.

In truck accident cases, liability may extend beyond the truck driver to include the trucker’s employer, maintenance personnel, cargo shipping vendors, and others. Sometimes the government is liable for failure to maintain the roadways. Hiring a NY personal injury attorney with the resources to fully investigate the crash can help you get to the bottom of what happened and determine whether or not you have a valid claim.

All services are provided free of charge. Plaintiffs only pay for their lawyers upon successful resolution of the case.

Talk with an experienced truck accident attorney for free!

New York Truck Crash Statistics

According to the National Highway Transportation Safely Administration, there were 121 fatalities involving a large truck in New York State in 2017, up from 106 in 2016.

While the state is vast, most fatal trucking accidents were centered in and around the New York City metro area. Counties with the highest number of truck accident fatalities included:

• New York County (11)
• Kings County (9)
• Bronx County (9)
• Queens County (7)
• Genesee County (6)
• Nassau County (6)
• Oswego County (6)
• Westchester County (5).

The Federal Motor Carrier Safety Administration’s most recent 2017 data provides a clearer picture of what’s happening with big truck crashes across the country, which mirrors what we’re experiencing locally.

• Volume: There were 4,889 large trucks and buses involved in fatal crashes – an increase of 10% from 2016. This is 42% higher than the 2009 low, but 7% lower than the 2005 peak. The number of large trucks involved in injury crashes increased 5%.
• Number of Vehicles: 63% of large truck crashes involved one other vehicle.
• Type of Vehicle: Single trailers accounted for 59% of accidents; 2% were doubles and 0.3% triples.
• Victims: 82% of fatalities were passengers in the other vehicle. In 91% of crashes, there is one victim.
• Drivers: Most drivers in fatal accidents were middle-aged; 6% were under 25, and 6% were over 66.
• Location: 57% of fatal truck crashes occur in rural areas and 27% occur on highways. Nearly a third of work zone fatalities (and 12% of work zone injuries) involved at least one big truck.
• Timing: 35% of fatal truck crashes and 22% of injury crashes occur between 6 p.m. and 6 a.m. The vast majority of crashes (83% of fatal, 88% non-fatal) happen on a weekday.
• Drug Use: In 2017, 252 of the 4,600 large truck drivers in fatal accidents (5%) tested positive for at least one drug. Another 59% refused testing or simply were not tested.

Get Help After A Truck Crash

A NY truck accident lawyerfrom Friedman, Levy, Goldfarb & Green will lend comprehensive support as you recover from your physical injuries. We can refer you to the best medical care providers, investigate the crash, file paperwork, and represent you in court as you recuperate.

If you have lost a loved one to a truck accident, our New York attorneys provide more than just a shoulder to cry on – we also provide the investigative muscle for establishing liability, the legal grounds to hold negligent parties accountable and prevent future harm, and the support in securing compensation to help your family recover financially from your tremendous loss.

Additional resources:

1. NYS DMV – 2014 Large Truck Crash Summary, https://dmv.ny.gov/statistic/2014-largetruckcrashsummary.pdf
2. Federal Motor Carrier Safety Administration – Large Truck and Bus Crash Facts, https://www.fmcsa.dot.gov/safety/data-and-statistics/large-truck-and-bus-crash-facts-2017

According to national statistics, roughly one out of every ten road traffic fatalities on U.S. highways involves a semi-truck or 18-wheeler. A collision with any type of large commercial vehicle is terrifying, but few crashes are as deadly as a jackknife accident. Jackknifing occurs when the trailer section of the semi swings out to the side, coming to a 90-degree angle with the powered wheels of the cab. You can think of it as a folding pocket knife or a capital L, with the trailer section the longer side.

When a tractor trailer jackknifes, the truck folds in on itself, causing the driver to lose total control of the vehicle. This sort of truck accident is more prone to happen on the freeway, where high speeds are the norm. Depending on how fast the rig is moving when it jackknifes, it could be at risk of rolling over, creating a major hazard for oncoming drivers.  If the semi is hauling hazardous cargo or flammable materials, there is also a risk of catching fire and explosions.

Injured in a truck accident? Tap to call for a FREE consultation!

Common causes of jackknife accidents

Inclement weather and excessive speed are common factors in 18-wheeler jackknife accidents. When a truck driver slams on the brakes to avoid road debris or hitting another car, the brakes can lock up, causing friction loss between the tires and the asphalt. As a result, the wheels slide outward quickly, pushed by the momentum of the trailer.

Other factors that can increase risk of a jackknifing accident include:

• Overloading or improper loading of a truck’s trailer
• Negligent maintenance on the truck’s braking system
• Driver fatigue
• A defective part or assembly
• Sudden evasive maneuvers
• Truck driver inexperience
• Driver error or negligence
• Rain, ice and slippery road conditions
• Steep inclines and curvy roads
• Road debris

How drivers can prevent jackknifing crashes

Commercial truck drivers, like operators of any motor vehicle, have a duty to drive safely and adhere to traffic rules. Drivers can decrease the likelihood of a jackknife accident by:

• Adhering to posted speed limits
• Applying their brakes as soon as possible and braking intermittently over a longer distance to avoid skidding
• Maintaining a safe following distance behind other vehicles
• Avoiding sharp, evasive maneuvers by staying alert to road conditions and surroundings
• Ensuring truck cargo is loaded evenly and is compliant with weight standards
• Slowing down according to weather and road conditions, especially with rain, ice or snow

Talk with an experienced truck accident attorney for free!

Who is liable in a jackknife accident?

Establishing liability in a truck accident resulting in serious injury or death is best left to an experienced attorney. Through extensive investigations, culpable parties can be identified, be it the driver, the trucking company or the manufacturer of a defective part or piece of equipment that failed.

Trucking companies must comply with strict federal regulations in the hiring, training and supervision of their drivers, not to mention the maintenance of their 18-wheelers. They must keep detailed documentation on the maintenance of their fleet, the number of hours driven by each driver and the repairs performed.

If evidence of negligence is found, victims are entitled to sue for monetary damages.

NYC truck accident lawyers

The law firm of Friedman, Levy, Goldfarb & Green has decades of experience litigating commercial vehicle accidents in New York. Our attorneys conduct extensive investigations, collect testimony from eyewitnesses, and secure the vehicle’s on-board recorder, which holds key information concerning the truck’s speed and braking just before the accident. If you or loved one was injured in a jackknife crash, we can help protect your rights.

To schedule your free case evaluation with a skilled truck accident lawyer, please call 212-307-5800.

Additional Resources:

1. FMCSA, Large Truck and Bus Crash Facts 2016 https://www.fmcsa.dot.gov/safety/data-and-statistics/large-truck-and-bus-crash-facts-2016
2. Insurance Institute for Highway Safety, Large trucks https://www.iihs.org/topics/fatality-statistics/detail/large-trucks