New York Truck Accident Defense Lawyers
Truck insurance policies carry extremely high limits, meaning insurance companies face substantial exposure in truck litigation matters. Knowing this, plaintiffs’ attorneys are quick to seek maximum damages – typically millions of dollars – in nearly any case that involves a semi truck, tractor-trailer or any other type of commercial vehicle.
The experienced defense attorneys at O'Connor First help insurance companies counter this strategy and mitigate or eliminate the financial consequences of these claims. We use proven negotiation techniques and litigation strategies, and have obtained dismissals and favorable settlements in cases throughout upstate New York and Vermont. Our representation is designed to keep costs contained and resolve truck accident litigation as efficiently as possible.
Truck Accident Defense Lawyers Serving Albany
Under the guidance of partners Terence P. O’Connor and Dennis A. First, our knowledgeable insurance defense team created a well-honed approach to truck litigation defense. We are familiar with the state and federal laws and regulations that can affect these cases. Our New York truck accident defense attorneys have an understanding of the issues that commonly surface in these matters, including those related to:
- Electronic control modules (ECMs), often called the “black box”
- Collision warning sensors (CWS)
- Paperless log systems (PLS)
- “Bobtail” designation
- Tachographs (speed and distance recorder)
- Jacobs braking systems/Jake brakes
- Truck brake gladhands
In personal injury or wrongful death cases involving these and other truck accident issues, we implement carefully crafted defense cases designed to reduce the financial pressures and exposure that our clients face.
What Immediate Steps Must Be Taken To Preserve ECM And Digital Fleet Evidence After A Crash?
Defense teams should act promptly after a crash. Commercial trucks store large amounts of electronic data. While crash-event data is usually preserved, ongoing operational data may cycle over time. Reconstruction experts deploy right away to lock down the evidence. Key steps in that process include:
- ECM black box extraction: Experts pull Electronic Control Module (ECM) data before system resets alter pre-crash readings
- Collision warning log retrieval: Technicians download collision warning sensor (CWS) logs that capture braking activity before impact
- Dashcam footage lockdown: Crews secure onboard camera recordings before storage loops erase the crash window
- Paperless logbook preservation: Defense teams lock paperless log system (PLS) records before automated updates change hours-of-service data
Fast action secures a complete factual record before the evidence window closes.
How Does New York’s “Serious Injury Threshold” Apply To Commercial Truck Litigation?
New York Insurance Law § 5102(d) sets a threshold for commercial truck claims. A plaintiff must prove a qualifying “serious injury.” Without that proof, a plaintiff cannot recover pain and suffering damages.
We order Independent Medical Examinations (IMEs) early in each case. We also run biomechanical analysis to test whether the plaintiff’s injuries meet the statutory definition. When a person’s injuries might not be serious enough to win a lawsuit, judges look at specific legal rules right away to see if they should end the case early.
Can Third Parties Be Held Liable To Offset A Motor Carrier’s Liability?
Yes, third parties can share liability in commercial truck cases. Through third-party practice and impleader claims, we bring in other liable parties. These parties contributed to the crash or the plaintiff’s injuries. Those parties can include:
- Third-party maintenance contractors
- Freight brokers
- Component manufacturers
- Cargo loaders responsible for weight distribution failures
Pursuing these claims may spread liability across responsible parties, potentially reducing the motor carrier’s share of damages.
Contact Our Albany Law Firm Today
Call Terence P. O’Connor or Dennis A. First at 877-886-4029 or contact O'Connor First online to schedule a consultation with our New York truck accident defense attorneys.