On a cold winter’s day in New York, our client was driving carefully, just trying to get home. But behind her, a fully loaded truck was speeding, ignoring the snow and ice on the roadway and federal safety rules requiring the exercise of extreme caution. That reckless choice ended in disaster. The truck slammed into the back of her car, causing serious and permanent injuries. The truck driver failed to drive with care. He failed to follow federal highway safety regulations for driving in winter weather conditions. The company failed to enforce safety protocols. And our client paid the price.
This wasn’t an unavoidable weather event. It was a reckless decision, and a life-altering crash.
We are Shana De Caro and Michael Kaplen, senior partners at the Manhattan based personal injury firm De Caro & Kaplen, LLP, advocates for crash victims, and watchdogs of trucking safety. For more than four decades, we have stood up to negligent truck drivers and trucking companies and fought for justice.
This case resulted in a $2 million settlement for our client. But when a settlement can’t be reached, we’re fully prepared to go to trial to make sure our clients receive every penny they are entitled to.
In another case our client was driving down a two-lane road when a truck driver - impatient and driving too close – crossed the double yellow line in an illegal attempt to pass while our client was attempting to make a left turn. What followed was a violent collision that left our client with catastrophic brain injuries.
We discovered that the driver, accompanied by his girlfriend in the passenger seat, was inexperienced and exercised poor judgment. The trucking company ignored red flags. And basic rules of the road were completely ignored. We located witnesses who were following behind the negligent truck driver and affirmed his reckless conduct.
This wasn’t just a crash. It was a chain reaction of carelessness and corporate failure; a violation of trust, safety, and the law.
This case went to trial and resulted in an $8.5 million award for our client.
If you’ve been injured by a negligent truck driver, we’re here to protect your rights, and your future.
Ready to arrange your free consultation?
Contact our attorneys on (212) 732-2262 to discuss your truck accident case, or fill in our contact form here.
When you retain De Caro & Kaplen for your truck accident case, you’ll be backed by our partners Shana De Caro and Michael Kaplen, who each have over 45 years of experience in vehicle accident law and a history of winning multimillion-dollar settlements for our clients.
And unlike many firms, your case won’t be handed off to a paralegal or junior associate. You’ll work directly with Shana and Michael, who will personally handle your truck accident case from start to finish.
We invite you to visit our bio pages (Shana, Michael) for more information on our credentials, or follow the links below.
Ready to arrange your free consultation?
Contact our attorneys on (212) 732-2262 to discuss your truck accident case, or fill in our contact form here.
Any injury caused by the negligence of a truck driver, trucking company, or associated maintenance service could result in a valid truck accident case.
If you or a loved one were injured in a truck accident in New York, please contact us for a free consultation. It’s our job to determine liability, not yours.
But below are some of the most common types of truck accident cases we handle, including examples of verdicts and settlements we have achieved for our clients. Remember, this is not an exhaustive list. If you believe your accident involved negligence, please contact our attorneys. We’re here to help.
Around 7-8% of all traffic accidents in New York each year involve trucks (source), and distracted driving is one of the leading causes.
Drivers who are texting, using GPS, or even eating are not paying full attention to the road. This increases reaction times, and limits their ability to respond to sudden hazards. And if they are involved in an accident they can be proven to have been negligent.
Our firm achieved a $2M pre-trial settlement for a vehicle accident caused by a distracted truck driver who struck our client’s vehicle, resulting in a concussion and post-concussion syndrome.
Improper maintenance of trucks can lead to catastrophic outcomes. Common issues caused by inadequate inspection or neglected repairs include:
These preventable mechanical problems are responsible for thousands of truck accidents in New York State every year. Truck owners and trucking companies have a legal responsibility to carry out regular vehicle inspections, ensure safety, and carry out any necessary repairs promptly.
Our firm achieved a $1.9M settlement for a client in NYC who was involved in a motor vehicle accident caused by improper maintenance of brakes in a truck, which resulted in a head-on collision and closed-head brain damage for our client.
If your accident involved a truck which had not been appropriately maintained you have a valid truck accident case.
Illegal parking occurs when trucks stop or park in unauthorized areas, such as highway shoulders or busy city streets, without adequate warning signals or lighting. This creates sudden and unexpected obstacles, particularly at night or in bad weather, and can cause severe accidents and injuries to unsuspecting drivers.
Our firm achieved a $2M settlement for the death of a driver who ran into the rear of a tractor-trailer illegally parked on the shoulder of an interstate highway. Investigation established the tractor trailer was parked on the shoulder for several hours without flairs, cones, or flashing lights to alert motorists to his presence (view case study).
In another case involving illegal parking, we secured a $3M settlement for the family of our client, who lost their life after colliding with the rear of a commercial tractor trailer that was unlawfully parked on the shoulder of a highway without warning lights or safety cones (view case study).
Rear-end truck accidents are particularly devastating due to the size and weight of the truck compared to smaller vehicles on the road, and are a frequent cause of accidents due to the additional stopping distances required. US wide data from 2021 revealed that rear-end collisions accounted for roughly 21% of fatal truck crashes, underscoring their severity and the importance of careful, attentive driving.
Truck drivers who tailgate, speed, or drive inattentively increase the likelihood of rear-end accidents.
Our firm achieved a $2.1M settlement for a skull fracture to an infant automobile passenger, which occurred when the vehicle was rear-ended by a truck.
Head-on collisions typically occur when a truck crosses into oncoming traffic lanes, often due to driving while tired (fatigue), distractions, or substance impairment/DUI. Head-on collisions are generally the most devastating of all truck accidents and the impact force can result in severe injuries or fatalities, particularly to occupants of smaller vehicles involved.
Our firm achieved a $1M settlement for abdominal injuries sustained by a vehicle operator who was involved in head-on collision with a pickup truck which crossed over the center median line.
And in a case that went all the way to trial, we achieved an $8.5M award against a truck driver for brain injuries sustained by our client, who was driving a car struck by the negligent driver. (view case study).
Overloaded trailers create severe risks on the road by destabilizing the vehicle, compromising braking capability, and impairing handling.
Despite clear regulations on maximum permissible weights, negligent trucking companies sometimes overload vehicles to maximize profits, directly endangering others on the road.
Cyclists are especially vulnerable to truck collisions, particularly in dense urban areas like New York City. Due to limited visibility from a truck’s cab and improper maneuvering, cyclists are frequently injured or killed in collisions, particularly at intersections or when trucks are turning.
Recent NYC statistics indicate trucks and buses account for more than half of cyclist fatalities, highlighting the urgent need for improved safety measures.
Additional truck accident scenarios we regularly handle include:
If negligence contributed to your truck accident injury, you deserve compensation.
Ready to arrange your free consultation?
Contact our attorneys on (212) 732-2262 to discuss your truck accident case, or fill in our contact form here.
In preparing your case, the truck accident lawyers at De Caro & Kaplen, LLP will:
Read more: After a collision with a truck, how can a truck accident attorney help me?
Your access to justice is not dependent upon your financial situation. We don’t charge a fee unless we’re successful. Under this system, you and your family can afford to retain the most qualified truck crash attorney in New York.
Our truck accident attorneys can accept cases throughout the entire State of New York, including New York City, the Bronx, Brooklyn, Manhattan, Staten Island and Queens. We also serve Nassau and Suffolk, Rockland, Westchester Counties, Albany, Buffalo, Rochester and Syracuse and surrounding areas.
New York law limits the amount of time you have to file a truck accident lawsuit and we would urge you to start the legal process as soon as possible after your accident.
While specifics may vary, generally you have:
Your truck accident case starts with one conversation, directly with Shana De Caro or Michael Kaplen.
Why act today?
Because the clock is ticking. Some claims, like truck accidents involving a city, council, or other municipal entity require a notice within 90 days.
Don’t let evidence disappear or deadlines expire. Reach out now, and let’s start building the strongest claim possible, together.
If you would like to contact us using our form, please fill out the information below: