Everclad Law Group represents drivers, passengers, and pedestrians hurt in truck and commercial-vehicle crashes across Nassau County, Long Island, and New York City — 18-wheelers, delivery trucks, sanitation trucks, construction haulers. Harvard and DA-trained attorneys with 10+ years recovering millions for the injured. Prior results do not guarantee a similar outcome. The call is free. The fee is contingent on winning.
A New York truck accident claim is a legal action — often pursued against multiple defendants — to recover compensation for injuries caused by a commercial vehicle. Commercial trucks are regulated by the Federal Motor Carrier Safety Regulations (49 CFR §§390 to 397) on top of New York law. The FMCSRs govern driver Hours of Service, ELD use, medical certification, drug-and-alcohol testing, and pre-trip inspections.
Federal law also requires interstate carriers to carry $750,000 to $5,000,000 in liability insurance under 49 CFR §387.9 — far more than a typical car policy. Multiple defendants usually share liability: the driver, the carrier (under respondeat superior and for negligent hiring/training/retention), the broker, the shipper, and the maintenance company. The statute of limitations is 3 years (CPLR §214), Notice of Claim against municipal trucks (DSNY, MTA, NY State, school buses) is 90 days. ELD data is typically retained by carriers for only six months; preservation through a spoliation demand is a recognized step in this practice area. Everclad Law Group represents truck accident clients across Nassau County, Long Island, and NYC on contingency, with no upfront cost.
Truck cases often come down to evidence carriers are allowed to destroy on a six-month schedule. Here are the case types most commonly seen in this practice.
LIE, Cross-Bronx, Belt Parkway, BQE — high-speed, high-mass collisions where catastrophic injuries are the rule. These cases often turn on ELD data, dashcam, ECM “black box,” EZPass, and dispatch records, all of which roll off carrier retention schedules. Carrier and broker liability — not just the driver’s — are usually the central legal questions.
Last-mile box trucks under route-pressure incentives. Vicarious liability turns on whether the driver is an employee or a “delivery service partner” — a fight we have had with these carriers many times.
Trucks owned by NYC or any municipal entity require a Notice of Claim within 90 days under GML §50-e. Miss that deadline and the case is over before it begins.
Load-securement violations under 49 CFR §393.100 and Industrial Code §23-9.4 govern these cases. Often paired with Labor Law §§240/241 claims when work-zone workers are struck.
Cars wedge under the trailer when rear or side guards fail. NHTSA FMVSS 223/224 governs guard design. Catastrophic head and torso injuries; carriers settle hard before federal product-liability discovery opens.
The 11/14/70-hour Hours-of-Service rules under 49 CFR §395 govern interstate driving. ELD records show whether the driver was over-hours; falsified logs and “ghost co-drivers” surface in cases like these.
A partner of the firm leads every case, supported by the firm’s resources at each stage so nothing slips between calls.
A licensed New York attorney reviews your case, by phone, video, or at your home or hospital bed. Always confidential.
Personal injury cases often depend on evidence with short retention windows — scene photographs, dashcam, surveillance video, medical records, 911 audio, and timely No-Fault filings. Early review identifies what is available and what each case requires.
Each matter is prepared with the possibility of trial in mind — depositions, expert work, motion practice. Settlement leverage flows from preparation, not from posture.
Where a recovery is obtained, lien negotiation and medical accounting are part of the settlement process before any net distribution to the client.
Credentials, focus, and a boutique structure built so injured New Yorkers never face an insurance company alone. Prior results do not guarantee a similar outcome.
Two partners lead every matter the firm takes on. You get direct access to the attorney guiding your case, with the team’s resources behind them.
Founding Partner
A courtroom-first lawyer trained at the Kings County District Attorney’s Office, where he tried cases in front of New York juries. Yoni built Everclad around the principle that case value is driven by trial preparation, and that insurers calibrate offers to the credibility of that preparation.
Partner
Harvard Law School. Over a decade of complex litigation. Joe leads the firm’s complex-litigation work and builds case files prepared for trial from the outset.
A small sampling of the reviews that have made Everclad one of the highest-rated personal injury firms on Long Island.
Unbelievable experience! I thought the process would be draining but they handled it in the most efficient way possible!
I started my case with them and it has been the best decision I have made. I definitely recommend them. It is the best law firm. I am infinitely grateful for their hard work, dedication, responsibility, professionalism, and good assistance.
Amazing law firm! I highly recommend.
The questions we hear most often from people hit by commercial trucks in New York — answered by attorneys who work these cases against carriers, brokers, and federal motor carriers every day.
See all 45 FAQs →Commercial trucks are governed by federal regulations on top of New York law. The Federal Motor Carrier Safety Regulations (49 CFR §§390–397) impose Hours-of-Service limits, Electronic Logging Device (ELD) requirements, medical-certification, drug-testing, and inspection rules. Federal law requires interstate carriers to carry $750,000 to $5 million in liability insurance under 49 CFR §387.9 — far more than a standard auto policy. Multiple defendants typically share liability: the driver, the carrier, the broker, the shipper, and the maintenance company.
Seven steps, in order:
(1) Call 911 and report the crash.
(2) Get medical attention even if you feel fine.
(3) Photograph the truck, trailer, the USDOT and MC numbers visible on the cab, license plates, and any visible injuries.
(4) Exchange information and collect witness contacts.
(5) File the MV-104 with the NY DMV within 10 days if damages exceed $1,000.
(6) File your No-Fault application (NF-2) within 30 days.
(7) Be aware that ELD data, dashcam, and inspection records can be lawfully destroyed within months — preservation through a formal spoliation demand is a time-sensitive issue typically addressed by counsel.
Under CPLR §214, the general statute of limitations for personal injury is 3 years. Claims against a municipal vehicle (DSNY garbage truck, MTA bus, NY State DOT, school bus) require a Notice of Claim within 90 days under GML §50-e, plus a lawsuit within one year and 90 days. Federal cases involving interstate carriers may be filed in federal court under diversity jurisdiction. ELD data is typically retained for only six months and is often the subject of a spoliation demand.
Multiple defendants usually share liability. The driver, for negligent operation. The motor carrier (the trucking company), under respondeat superior and for negligent hiring/training/supervision/retention. The freight broker, under federal broker-liability theories where applicable. The shipper, for negligent loading or selecting an unsafe carrier. The maintenance company, for defective brakes, tires, or steering. The truck or component manufacturer, for product defects (defective underride guards, tire blowouts, brake failures).
An Electronic Logging Device (ELD) is a tamper-resistant device required on most commercial trucks under 49 CFR §395.8, recording the driver’s Hours of Service, engine hours, vehicle movement, miles driven, location, and ID. ELD data shows whether the driver exceeded the 11-hour driving limit, the 14-hour on-duty limit, or the 70-hour/8-day weekly limit. Hours-of-Service violations are often the smoking gun in fatigue-related crashes. The data is typically retained for only six months and is often the subject of a spoliation demand.
Yes for the injured occupant of a car hit by a truck — your own auto No-Fault PIP pays up to $50,000 in medical bills and lost wages regardless of fault. To sue the truck driver and carrier for pain and suffering, your injuries must meet New York’s serious injury threshold under Insurance Law §5102(d). The truck’s federal liability coverage (typically $750,000 to $5 million) is available for damages above No-Fault.
You can still recover. New York follows pure comparative negligence under CPLR §1411. You may recover even if you were 99% at fault, with your award simply reduced by your percentage. This is among the country’s most plaintiff-favorable comparative-fault rules.
Not before consulting an attorney. Trucking carriers send rapid-response teams within hours of a serious crash to lock down the scene and lock in the injured driver’s statements. Adjusters are trained to ask questions designed to minimize claims. You are generally not legally required to provide a recorded statement. Let your lawyer handle every communication.
Walk-ins welcome by appointment. Home and hospital visits available throughout Nassau, Queens, Brooklyn, Manhattan, and the Bronx.
Valley Stream · Elmont · Hempstead · Garden City · Long Beach · Mineola · Queens · Jamaica · Brooklyn · The Bronx · Manhattan · Suffolk County