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When a truck crash causes the life of a family to be flipped upside down, they deserve a legal team that will leave no stone unturned in the fight for justice. Recently, our firm secured a $1.46 million truck accident settlement in New York for a family that was injured when a commercial freight vehicle slammed into their parked car as they waited for roadside assistance.
The Devastating Accident
During the summer of 2022, a family of 3 was travelling through the Bronx when they got a flat tire and pulled over to a shoulder on the New England Thruway. The family called triple-A and was waiting inside the car when a freight truck operated by an intoxicated driver crashed into their vehicle at highway speeds. The impact was so severe that the mother was ejected from the car and onto the highway pavement. All three family members required immediate medical treatment and suffered an array of injuries that would require ongoing care for the next several years.
Prior Representation Falls Short
Before coming to us, the family had selected to retain another personal injury firm in New York. Despite clear liability on behalf of the defendant and severe injuries on behalf of our clients, they had no settlement offers on the table after months of representation. The reason was clear: their original attorneys had only sued the truck driver and trucking company, failing to conduct the thorough investigation necessary in complex trucking cases.
This narrow approach meant that significant insurance coverage AND additional liable parties were being overlooked – a critical error that could have left the family with inadequate compensation, if any.
Our Investigation Uncovers Additional Liable Parties
After months of slow movement with their original attorneys, the family sought a second opinion on their case from Leav & Steinberg. Our team of truck accident attorneys and staff immediately recognized the need for further investigation. Under New York law, multiple parties can be liable for trucking accidents, and identifying all responsible entities is crucial for maximizing recovery options.
Our thorough investigation revealed two parties responsible for the accident that the previous law firm had overlooked:
A major national delivery company that had contracted the trucking company and maintained control over operations
A connection to one of the largest companies in the United States, whose logistics involvement created additional liability
These discoveries were critical — New York courts recognize that liability extends to any party whose negligence contributed to an accident, including entities that exercise operational control.
Our Approach to the Case
Under New York Vehicle and Traffic Law § 338, vehicle owners can be held liable for accidents. However, modern trucking involves complex relationships between brokers, shippers, logistics companies, and contractors, all potentially having a level of responsibility in an accident.
New York operates under a “pure comparative negligence” rule, which means that if more than one party is responsible for your injuries, each party is assigned a percentage of the fault and could be held responsible for the injury. Additionally, Federal Motor Carrier Administration regulations allow companies that control drivers’ schedules or operations to be held liable even without direct truck ownership.
By placing responsibilities on the additional companies via filed claims, we:
- Maximized available insurance coverage through multiple commercial policies
- Created settlement pressure by involving major corporate defendants with ample insurance
- Established comprehensive liability reflecting true responsibility for the accident
The Result: $1.46 Million New York Truck Accident Settlement
Through our comprehensive investigation and strategic approach to establishing negligence, we secured a $1.46 million settlement for the family. This substantial recovery provided coverage for extensive medical expenses, lost wages, pain and suffering, and financial security to rebuild their lives after a devastating accident.
Most importantly, this settlement was achieved when the prior firm had obtained no offers whatsoever, demonstrating the critical importance of experienced legal representation.
Why Experience Matters in Trucking Cases
Commercial truck crashes involved complex webs of relationships between drivers, trucking companies, brokers, shippers, logistics companies, and major corporate entities. Each of these parties (among others) may share responsibility for unsafe driving, poor maintenance, inadequate training, or negligent oversight.
As you’ve seen in this case, failure to identify every liable party can mean the difference between no recovery and a life-changing settlement.
Contact our Experienced New York Truck Accident Attorneys
At Leav & Steinberg, we have decades of experience in representing victims of commercial truck accidents in a variety of matters. Due to the nature of these types of cases, experience is crucial to make sure no stone is left unturned so that clients can achieve the highest possible recovery for their injuries.
If you or a loved one has been injured in a truck or vehicle accident, don’t settle for shortcuts. The trucking industry operates through complex relationships, creating multiple liability sources. You need attorneys who understand these relationships and have experience in holding every party accountable.
Contact our team of experienced accident attorneys for a free consultation on your case. Call us at (917) 938-7818 or contact us online to learn how we can help you recover.