When you’re involved in a truck accident in New York, proving who’s at fault requires more than just your word—it demands a comprehensive, strategic investigation. Even if the truck driver clearly caused the crash, you must establish legal liability through hard evidence. That means collecting records, witness statements, video footage, and more—often while going up against corporate trucking insurers determined to protect their bottom line.
At Hecht, Kleeger & Damashek, P.C., our New York truck accident attorneys know how to uncover the truth and hold negligent drivers and trucking companies accountable. We have decades of experience representing victims across the five boroughs and a proven track record of winning complex trucking cases. If you or a loved one has been injured in a crash involving a commercial vehicle, contact us today for a free case review. If you’ve been injured in a truck accident, let us help – call (212) 490-5700 or send us an email today to schedule a free case review with one of our experienced truck accident attorneys.
Common Causes of Truck Accidents in New York
Truck accidents are rarely simple. They often result from a combination of driver error, corporate negligence, and mechanical failure. The most common contributing factors include::
- Distracted driving: Since truck drivers are behind the wheel for hours at a time, they often get bored and engage in distracted driving behaviors like texting, fumbling with radio controls, and eating.
- Poor maintenance: Even though truck drivers and truck companies are legally obligated to maintain and repair their trucks, many fail to do so and are left with faulty brakes and other safety features that may lead to an accident.
- Fatigued driving: There are federal laws that protect truck drivers from driving for too many hours in a row. However, many truck drivers ignore them and continue driving while they are exhausted and can’t focus properly.
- Intoxicated driving: Sadly, many truck drivers perform their jobs while they are under the influence of alcohol or drugs. When this occurs, they often lose control of their vehicles and cause serious accidents.
- Inexperienced driving: Driving a commercial truck is not like driving a passenger car. It’s far more complex and requires training and experience. A lack of experience can increase the risk of a crash.
Key Steps in a Truck Accident Investigation
Navigating the aftermath of a truck accident in New York City requires a detailed and strategic approach to investigation. By working with an experienced attorney, you can ensure that every aspect of the accident is meticulously examined, from the truck driver’s actions to the vehicle’s maintenance records. This comprehensive approach is vital for accurately determining liability and securing the appropriate compensation for any damages or injuries sustained.
Investigate the Driver
Many truck accidents are the result of the driver’s negligence. In determining negligence, it can be very helpful to review the driver’s records. If the driver has numerous traffic infractions or has been in previous accidents, their driving history can persuasive in proving that the driver was negligent in your case. Of course, they could still have been negligent even if their driving record is clean; however, failing to investigate the driver can be a critical error.
You also want to be sure that they have a valid commercial driver’s license. In addition, you should also make sure that the driver has any necessary certifications for driving the truck that was involved in the accident. You should also find out if the driver has been properly trained and how long they have been driving. If the driver is inexperienced or lacks the necessary training, it could be incredibly helpful to your case.
Investigate the Trucking Company
Trucking companies are corporations and are therefore focused on turning a profit. Unfortunately, this means that they may sacrifice the safety of other drivers for the sake of making more money. As a result, they may fail to perform routine maintenance on their trucks, hire qualified drivers, provide adequate training, or enforce safety protocols to ensure their drivers are being safe behind the wheel.
Trucking companies are subject to state and federal regulations regarding how they operate their business. The company’s failure to comply with these regulations can be used to demonstrate why the trucking company should be held liable for your injuries.
Obtain Video Footage
Traffic cameras are becoming ubiquitous, and as a result, there may be video footage of your accident. Even if your accident wasn’t captured on a state or municipal traffic camera, it may have been caught by a nearby security camera. Dashboard cameras are becoming increasingly common and, in fact, the truck itself may have been equipped with a dash-cam. Video footage of the accident can be invaluable in proving liability.
Obtain GPS and Other Electronic Data
In addition to dash-cams, many trucking companies monitor their drivers via GPS and other electronic devices. These devices can record the truck’s speed, location, direction of travel, and a wealth of other information surrounding the time of the accident. This data can help determine the cause of the accident and proving liability. For example, if the driver was speeding it may help you prove that they were at fault and therefore liable for your injuries.
Obtain the Police Report
Police reports can help your case by confirming important details about the accident. The report can be especially helpful if the truck driver was issued a ticket for a traffic violation or it otherwise indicates that they were at fault.
However, police reports don’t always tell the whole story and may contain inaccuracies that work in the truck driver’s favor. If that’s the case, you want to know what the report contains so that you can obtain the necessary evidence to prove that the report is incorrect.
Obtain Statements from Witnesses
Witnesses are considered neutral third-parties, and their accounts of what happened are therefore very persuasive. It’s critical to get clear and concise statements from any witnesses as soon after the accident as possible. However you should be aware that
How Trucking and Insurance Companies Defend Themselves
Trucking companies and their insurers launch their own investigations immediately after a crash, often with the goal of minimizing or denying liability. Their adjusters and lawyers are trained to protect the company—not you.
They will typically:
- Review police reports and try to discredit them
- Interview witnesses to find inconsistencies
- Hire accident reconstruction experts to favor their side
- Search for any evidence that blames the victim
This is why it’s crucial to have a legal team that acts just as aggressively on your behalf. Without an experienced truck accident attorney, you may be outmatched by well-funded insurance carriers whose job is to pay you as little as possible.
Why You Need a New York Truck Accident Lawyer
Investigating a truck accident goes far beyond filing a claim. It requires a legal team that knows how to access evidence that’s often controlled by the trucking company—like maintenance logs, driver files, and telematics data. In some cases, this may require subpoenas or emergency court orders to preserve evidence before it’s deleted or altered.
At Hecht, Kleeger & Damashek, P.C., we will:
- Subpoena driver logs, inspection reports, and black box data
- Work with industry experts to reconstruct the accident
- Depose company representatives and safety managers
- Uncover regulatory violations that support your case
- Build a powerful claim for compensation covering medical bills, lost wages, pain and suffering, and more
FAQs About Truck Accident Investigations in New York
What should I do immediately after a truck accident in New York?
Call 911 to report the crash and request medical attention. If you’re able, take photos of the scene, collect contact information from witnesses, and avoid making statements to the trucking company or their insurer. Then, contact an experienced truck accident lawyer as soon as possible to begin preserving evidence.
How long do I have to file a truck accident lawsuit in New York?
In most cases, you have three years from the date of the accident to file a personal injury claim in New York. However, if the crash involved a government vehicle (e.g., sanitation truck, MTA contractor), the time limit may be as short as 90 days to file a notice of claim. Speak with an attorney right away to protect your rights.
Can I still win my case if the police report blames me?
Yes. Police reports are not legally binding and often contain mistakes or incomplete information. Your attorney can gather additional evidence—such as video footage, black box data, and expert analysis—to challenge the report and prove that the truck driver or company was at fault.
What if the trucking company refuses to release the data from the truck?
Trucking companies often try to shield or delay access to crucial evidence. Your attorney can send a spoliation letter to legally demand preservation of black box data, driver logs, maintenance records, and more. If necessary, your lawyer can seek a court order to compel the release of this information.
How is a truck accident investigation different from a regular car accident?
Truck accidents are typically more complex due to federal and state regulations, corporate liability, and the size and weight of the vehicle involved. Investigations must look beyond driver fault and examine factors like equipment failure, driver fatigue, logbook violations, and company safety practices. A skilled truck accident lawyer understands how to uncover these layers and prove liability.
Do I need an attorney to investigate a truck accident?
Absolutely. Trucking companies and their insurers begin their own investigations immediately after a crash—often to shift blame and reduce payouts. Without an attorney on your side, you risk losing critical evidence and being outmatched by corporate legal teams. An experienced truck accident lawyer can level the playing field and fight for the full compensation you deserve.
Contact a New York Truck Accident Lawyer
The steps involved in investigating a truck accident may seem like common sense, but getting the evidence you need is actually quite complicated. You may need to subpoena the trucking company or know how to get traffic camera footage. The experienced truck accident lawyers at Hecht, Kleeger & Damashek, P.C. know how to build your case so that you can get the compensation you deserve. If you would like a free case review, call (212) 490-5700 or contact us online to meet with one of our experienced truck accident lawyers and discuss how we can help you.