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New York Truck Accident Lawyers

De Caro & Kaplen partners Shana De Caro and Michael V. Kaplen represent truck accident victims in New York. For over 45 years our firm has successfully recovered multi-million dollar awards and settlements for our truck accident clients, including a recent $8.5M award against a negligent truck driver, and a $2.1M settlement for a truck-related rear-end collision. Our vehicle accident attorneys understand the complexities of negligence and liability in cases involving commercial vehicle collisions, including 18-wheelers, tractor-trailers, and delivery vans. All litigation costs advanced by our firm. Call today on (212) 732-2262 to arrange a free consultation and let De Caro & Kaplen fight for the justice and compensation you deserve for your injuries.

Why Choose De Caro & Kaplen, LLP for Your Truck Accident Case

  • Technical Investigation: We secure and interpret critical 'Black Box' (ECM) and Electronic Logging Device (ELD) data to establish speed, braking patterns, and hours-of-service violations.
  • Regulatory Expertise: Our firm conducts detailed audits of FMCSA compliance, focusing on driver qualifications, training, and vehicle maintenance records to prove negligence.
  • Multi-Party Liability: We identify all responsible entities, including cargo loaders, maintenance contractors, and manufacturers, to maximize potential recovery sources.
  • Direct Partner Access: Clients work directly with partners Shana De Caro and Michael V. Kaplen, who personally manage every truck accident case from initial filing through trial.
  • Contingency Basis: We advance all litigation and expert costs, including accident reconstruction and vocational specialists, with no upfront costs or legal fees unless a successful settlement or jury verdict is achieved.

A History of Multi-Million Dollars Verdicts & Settlements in Truck Accident Cases

De Caro & Kaplen has a 45 year+ history of multi-million dollar verdicts and settlements for our New York truck accident clients. Recent cases which resulted in successful recovery include:

  • $8,500,000 award against a truck driver during trial for brain injuries sustained by our client, who was driving a car struck by the negligent driver.
  • $3,500,000 for traumatic brain injury sustained by a college student against university which directed students to drive themselves to an athletic practice in hazardous weather conditions, in violation of safety standards and university rules, resulting in motor vehicle skidding on an icy roadway and colliding with a truck.
  • $3,000,000 settlement for family of client killed in collision with illegally parked truck.
  • $2,100,000 settlement for a skull fracture to an infant automobile passenger, which occurred when the vehicle was rear-ended by a truck.
  • $2,000,000 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.
  • $2,000,000 pre-trial settlement for a vehicle accident caused by a negligent driver who struck our client’s vehicle, resulting in a concussion and post-concussion syndrome.
  • $1,900,000 settlement for a motor vehicle accident caused by improper maintenance of brakes in a truck, resulting in a head-on collision and closed-head brain damage for our client.
  • $1,000,000 for abdominal injuries sustained by vehicle operator involved in head-on collision with a pickup truck which crossed over the center median line.

View truck accident case studies.

Our Credentials and Proven Track Record in Truck Accident Cases

  • Multi-Million Dollar Verdicts and Settlements: De Caro & Kaplen, LLP has secured significant awards and settlements for our truck accident clients, including an $8.5 million award against a negligent truck driver and a $2.1 million settlement for a truck-related rear-end collision.
  • Board-Certified Leadership: Our partners Shana De Caro and Michael V. Kaplen are certified as Advocates by the Academy of Truck Accident Attorneys and hold memberships in the Interstate Trucking Accident Section of the AAJ.
  • Decades of Experience: We have represented New York injury victims for over 45 years, maintaining a reputation for relentless advocacy against large commercial carriers.
  • Peer Recognition: Shana De Caro and Michael V. Kaplen are consistently selected as New York Super Lawyers and are members of the Multi-Million Dollar Advocates Forum.
  • 24/7 Availability: Our team remains available 24 hours a day, 7 days a week for initial inquiries, providing immediate legal guidance following a collision.

What Types Of Truck Accident Cases Can We Assist With?

Below are common types of truck accidents in New York for which De Caro & Kaplen, LLP has previously represented clients. This list is not exhaustive. If you believe negligence contributed to your accident, please reach out. We’re here to help.

  • Truck accidents caused by distracted or inattentive driving
  • Truck accidents caused by improper maintenance
  • Truck accidents caused by illegal parking
  • Rear-end truck accidents
  • Head-on truck collisions
  • Truck accidents caused by overloaded Trailers
  • Cyclists struck by trucks in NYC
  • Jackknife accidents
  • Underride collisions
  • Tire blowouts
    Accidents involving hazardous materials
    Fatigued driving crashes

Client Reviews and Testimonials

De Caro & Kaplen LLP has a 4.9 star rating on Google reviews, aggregated from over 175 client reviews. Below are a selection of reviews from our clients.

Review by our client Melody Behnam

⭐⭐⭐⭐⭐

"Michael and his team rescued me after a scary accident where I was not receiving proper care, didn’t know how to navigate the no fault insurance process and the cab’s insurance made it nearly impossible. He and his team guided me to the right doctors and physical therapy to get better and was there every step of the way leading to a successful case. My family and I are so grateful for all they’ve done for us!"

Google Reviews

Review by our client April Bulger

⭐⭐⭐⭐⭐

"After my first meeting with Michael Kaplen I knew I was in the right hands. He and his team are amazing. I would recommend them to anyone in need of an attorney that will get the job done while giving their clients a piece of mind. Complete honesty and candor each step of the process which I respect."

Google Reviews

Review by our client Christina Bentham

⭐⭐⭐⭐⭐

"Fantastic experience! Accepted to pursue my case with many challenges. Michael Kaplen never gave up, even when posed with a vicious defense attorney. He was always one step ahead of the attorney and beat her at ever turn. When I called, emailed, or texted, Mr. Kaplen responded personally. The customer service was terrific and I always felt their entire team was attentive to every concern I had. I highly recommend the DeCaro/Kaplen team and thank them for everything they did for me!"

Google Reviews

Shana De Caro & Michael V. Kaplen

Free Consultation

With over 45 years experience in vehicle accident law and truck accident cases, our partners Shana De Caro and Michael V. Kaplen help our clients get the justice and compensation they deserve. Our attorneys have the passion and persistence to take on any truck accident case in New York—and win.

Call today on (212) 732 2262 or email help@brainlaw.com to arrange your free consultation.

Our Partners, Shana De Caro and Michael V. Kaplen Handle Your Truck Accident Case From Start To Finish

When you hire De Caro & Kaplen, LLP for your truck accident case in New York our partners Shana De Caro and Michael V. Kaplen will personally handle your case from start to finish. Unlike some other prominent NYC firms, who will hand your case off to a paralegal, Shana and Michael, who each have over 45 years experience in personal injury and vehicle accident law, will personally work on your behalf to ensure you receive the justice and compensation you deserve, preparing every case as if it will go to trial.

Shana De Caro - Senior Partner and Personal Injury attorney at the New York law firm De Caro & Kaplen, LLP

Shana De Caro - Senior Partner and Personal Injury Attorney

  • Over 45 years of experience specifically handling complex personal injury, vehicle accident, and truck accident cases in New York.
  • Multi-year New York Super Lawyer.
  • A history of multi-million dollar verdicts and settlements for her truck  accident clients.
  • Member of the Interstate Trucking Accident Section of the American Association for Justice.
  • Certified as Advocate by the Academy of Truck Accident Attorneys.
  • Served two terms as Chairwoman of The Brain Injury Association of America.
  • Served as Secretary and Trustee of the Civil Justice Foundation, supporting public interest litigation and access to the civil justice system.
  • Fellow of the American Bar Foundation and Litigation Counsel of America.
  • Member of the Board of Directors of the New York State Academy of Trial Lawyers.
  • Published in New York Law Journal, National Law Journal, Trial Magazine, Psychiatric Clinics of North America.
  • Lecturer for the American Association for Justice, New York State Academy of Trial Lawyers, and North American Brain Injury Society.
  • Recognized for advancing standards of practice in brain injury and medical negligence litigation.

Read Shana De Caro's full bio.

Michael V. Kaplen - Senior Partner and personal injury attorney at the New York law firm De Caro & Kaplen, LLP

Michael V. Kaplen - Senior Partner and Personal Injury Attorney

  • Over 45 years of experience specifically handling complex personal injury, vehicle accident, and truck accident cases in New York.
  • Multi-year New York Super Lawyer.
  • A history of multi-million dollar award settlements for his truck accident clients.
  • Member of the Interstate Trucking Accident Section of the American Association for Justice.
  • Certified as Advocate by the Academy of Truck Accident Attorneys.
  • Triple board-certified by the National Board of Trial Advocacy in: Civil Trial Law, Medical Malpractice, Civil Pretrial Practice Advocacy
  • Professorial Lecturer in Law, The George Washington University Law School (“The Legal Aspects of Traumatic Brain Injury”)
  • Taught courses in medical malpractice as well as trial practice techniques at St. John’s University School of Law.
  • Served as President, Brain Injury Association of New York State.
  • Consistently listed among the Top 100 New York Trial Lawyers and Top 25 Brain Injury Attorneys in the nation.
  • Public Justice Achievement Award (for pro bono representation of September 11th victims)

Read Michael V. Kaplen's full bio.

How De Caro & Kaplen, LLP Prepares Your New York Truck Accident Case

In preparing your case, the truck accident lawyers at De Caro & Kaplen, LLP will:

  • Conduct a thorough examination into why the truck accident occurred.
  • Review police reports regarding the accident.
  • Analyze the driving records of the truck operator and examine maintenance records maintained by the trucking company.
  • Obtain and review any available dash cam recordings.
  • These investigations will allow us to identify the responsible parties. And in many cases, there will be multiple parties responsible for the events that led to your accident (for example, the driver and the trucking company).
  • Strive to understand the full extent of your personal injuries. Not only must the physical injury to your brain or other part of your body be considered; we will also demonstrate how your personal injury has affected your spouse, family, and your ability to earn a living now and in the future.

Our goal is to maximize the value of your claim and obtain the largest recovery possible for you.

Read more: After a collision with a truck, how can a truck accident attorney help me?

Types of Damages De Caro & Kaplen, LLP Can Recover in a New York Truck Accident Case

If you or a loved one were injured in a truck accident in New York, you may be entitled to compensation for a variety of losses, including:

  • Medical Expenses: This includes past and future medical bills, hospital stays, doctor visits, physical therapy, rehabilitation, and prescription medications.
  • Lost Wages: You can recover lost income from being unable to work due to your injuries. This includes past lost wages and future lost earning capacity.
  • Pain and Suffering: You can be compensated for the physical pain, emotional distress, and mental anguish caused by your injuries.
  • Property Damage: If your personal property was damaged in the accident, such as your vehicle, bicycle, or personal belongings, you can recover the cost of repair or replacement.
  • Punitive Damages: In cases where the truck company or driver acted with gross negligence or recklessness, you may be able to recover punitive damages, which are intended to punish the wrongdoer and deter similar conduct in the future.
  • Other Expenses: You may also be able to recover other expenses related to your injuries, such as transportation costs to medical appointments, home healthcare expenses, and the cost of assistive devices.

The specific damages you can recover will depend on the facts of your case and the extent of your (or a loved one's) injuries. Our attorneys will ensure that claims are made for all damages you may be entitled to.

Frequently Asked Questions

Below are some common questions we are asked by clients when taking on a truck accident case in New York.

Does De Caro & Kaplen, LLP understand FMCSA regulations for truck accidents?

Yes, our partners Shana De Caro and Michael V. Kaplen thoroughly review Federal Motor Carrier Safety Administration (FMCSA) regulations as a critical part of our investigation into truck accidents. This ensures we understand all applicable rules and standards governing commercial trucking operations in New York.

Can De Caro & Kaplen, LLP get and analyze truck 'black box' data?

Absolutely. Our firm obtains and meticulously analyzes data from the truck's black box and electronic control module (ECM). This data is crucial for determining key factors like the truck's speed and braking distance at the time of the accident, helping to establish liability.

How does De Caro & Kaplen, LLP handle vicarious liability in New York truck crashes?

Our partners Shana De Caro and Michael V. Kaplen understand that New York law allows for vicarious liability. This means trucking companies can be held responsible for the negligent actions of their drivers. We investigate this to ensure all responsible parties are held accountable for your injuries.

What is New York's 'pure comparative negligence' and how does it affect my case?

New York follows a 'pure comparative negligence' system. This means your compensation can be reduced by the percentage of fault assigned to you. We work to minimize any assigned fault to maximize your recovery.

Who can be held liable in a truck accident case investigated by De Caro & Kaplen, LLP?

Our partners identify all potentially liable parties in a truck accident. This can include the truck driver, the trucking company, the manufacturer of the truck or its parts, the maintenance provider, and even those who loaded the cargo.

How long do I have to start a truck accident claim?

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:

  • 3 years to start a personal injury claim against a private individual or trucking company (New York Consolidated Laws, Civil Practice Law and Rules - CVP § 214),
  • 2 years if the crash was fatal (New York Consolidated Laws, Estates, Powers and Trusts Law - EPT § 5-4.1),
  • and 90 days to file a claim against a city, county, or other municipal entity (General Municipal (GMU) CHAPTER 24, ARTICLE 4)

Are there special deadlines for suing government vehicles in NY?

Yes, New York law imposes a strict 90-day deadline to file a claim against a city, county, or other municipal entity after a truck accident. Our partners are aware of this critical deadline and ensure claims are filed promptly.

Are De Caro & Kaplen's lawyers board-certified in truck accident law?

Yes, our firm's partners are certified as Advocates by the Academy of Truck Accident Attorneys. This specialized certification demonstrates our deep expertise and commitment to handling complex truck accident cases.

Does De Caro & Kaplen, LLP have experience with different types of trucks?

Yes, our firm has extensive experience handling cases involving various commercial vehicles, including large semi-trucks, tractor-trailers, and dump trucks. We understand the unique challenges and regulations associated with each type.

Does De Caro & Kaplen, LLP use accident reconstruction experts?

Our firm utilizes a network of experts, including those specializing in accident reconstruction. We conduct thorough investigations and obtain expert testimony to accurately establish fault and causation in your truck accident claim.

What kind of results has De Caro & Kaplen, LLP achieved in NY truck accident cases?

Our firm has a proven track record of securing significant compensation for truck accident victims in New York. We have achieved multiple multi-million dollar verdicts and settlements, including an $8.5 million award, a $3 million settlement, and a $2 million settlement.

Does De Caro & Kaplen, LLP accept truck accident cases throughout New York State?

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.

 

Start Your Truck Accident Case Today With a Free, No Obligation Consultation

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.

  • No upfront cost – We’re paid only if we win for you.
  • Personal attention – Your case is handled start-to-finish by our partners, not passed to a junior associate.
  • Proven results – Multi-million-dollar recoveries for New Yorkers injured by negligent property owners.

Don’t let evidence disappear or deadlines expire. Reach out now, and let’s start building the strongest claim possible, together.

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Further Reading on Truck Accidents

Contact Us

The Brain Injury Law Firm ®
Toll Free: (866) 272-4652
(212) 732-2262
help@brainlaw.com 
Manhattan Offices:
De Caro & Kaplen, LLP
228 E. 45th Street, Suite 1100, New York, NY 10017

De Caro & Kaplen, LLP
860 United Nations Plaza, Suite 27A
New York,
NY 10017
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Areas We Serve

We are based in Manhattan, and serve 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.

Practice Areas

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