Truck Accident Claims in NYC
Flooding—a common spring weather phenomenon—is the second-deadliest weather hazard in the United States according to the National Weather Service.[1] Lives are at risk when people operate commercial trucks, and flooding only increases these risks. It is never safe to drive a truck in flood waters. According to the CDC, more than half of all flood-related drownings occur when vehicles are driven into hazardous water.
But floods are far from the only spring weather hazard that can impede the safe operation of a commercial truck. To combat this, many states have enacted specific laws and issued travel advisories to keep motorists and truckers safe in inclement spring weather.
Sadly, serious injuries occur despite these enacted laws, and people who are injured in trucking accidents need to hire qualified legal counsel as soon as they can do so. If you or a loved one has been injured in a trucking accident, then call the truck accident attorneys at Dansker & Aspromonte Associates at (212) 732-2929 to schedule your free consultation about your legal rights and options.
How Spring’s Unique Weather Patterns Impact
Spring often brings notable shifts in weather that can potentially cause late snowstorms, flooding, and high winds. Melting snow and spring rains can cause roads to close or delay shipping. Further, the high wind speeds of spring pose a risk to high-profile vehicles such as commercial trucks.
The laws of ordinary negligence bind commercial trucks, and that requires them to comply with the common law Duty of Reasonable Care.[2] This flexible duty of reasonable care adapts to the circumstances, requiring commercial truck drivers and companies to consider changing seasonal conditions, such as melting snow, spring rains, and high wind speeds. A breach of this duty may occur if they fail to drive safely given these conditions. [3] Spring’s unique weather impacts the application of the common law in this way.
How New York City Regulates Commercial Vehicles
Frost Laws: New York Regulations for the Spring Thaw
Many states have passed what are called Frost Laws.[4] These laws dictate the permissible axle weight of a truck and determine that weight based on the state’s weather conditions. These laws account for factors such as temperature, soil moisture content, and visible road conditions to prevent damage to roadways during spring thaw periods.[5]
Currently, there are sixteen (16) states and several Canadian provinces with formal frost law restrictions.[6] New York is among these states, but it is unique in its implementation. Rather than issuing a fixed annual seasonal restriction statewide, New York empowers regional authorities to impose weight restrictions when warranted by seasonal road conditions.
To be clear: New York City enforces strict regulations on tractor-trailers and commercial trucks. However, New York State does not maintain a standing, annual seasonal frost law restriction.[7] Instead, the New York State Department of Transportation (NYSDOT) reserves the right to implement temporary restrictions as weather and roadway conditions require.[8]
New York’s Truck Route Networks
New York City has created a comprehensive network of truck routes that all commercial vehicles, including tractor-trailers, must follow.[9] The NYC Truck Route Network is designed to reduce congestion, enhance safety, and minimize infrastructure wear caused by heavy vehicles. The network is comprised of two distinct classes of roadways:
- Local Truck Routes: Designated for trucks with an origin and destination within a single borough. This includes deliveries, loading, or servicing trips.
- Through Truck Routes: Comprised primarily of major highways, these routes are for trucks that do not have an origin or final destination within the borough.
The choice of route depends on where the truck’s trip began and where it ends. Non-designated routes may only be used to travel between the nearest truck route and a truck’s specific destination or origin point.
Operators of commercial vehicles are permitted to travel on streets not designated as truck routes only when it is necessary to reach their final destination. They must exit the designated truck route at the intersection closest to that destination and re-enter the network via the nearest intersection when departing.
How to Document Spring Weather Conditions
Car accidents and the injuries that they cause can be life-changing events, but it is important to document them thoroughly after they happen. To that end, here are several steps you can take to create a proper record after being injured in a car or truck accident.
Take Photos & Videos
After your accident, take as many photos and/or videos as you safely can. Specifically, try to capture images of the accident scene, the truck involved, your vehicle, any property damage, injuries (if visible), and any road conditions that reflect adverse weather, such as standing water, ice, or debris from spring storms. This kind of visual evidence can be critical in demonstrating the conditions you faced at the time of the accident.
Use the National Weather Service
The National Weather Service provides access to historical weather data based on location and date. If you weren’t able to photograph the weather conditions at the scene, you can still confirm and document them later using this official source. Courts and insurers may accept certified weather reports as supporting evidence in personal injury claims.
Call 911
You should always call the police and emergency medical responders immediately after a truck accident. After calling 911, remain at the scene until law enforcement permits you to leave.
This step is essential because police officers will draft an official accident report, which often includes valuable observations, such as time of day, visibility, lighting, road and weather conditions, vehicle positioning, and possible violations of traffic laws. You can request a copy of this report through the responding precinct or local DMV office to support your legal case. In New York, police accident reports can often be retrieved through the New York State DMV Crash Report system.
How to File a Lawsuit Against a Trucking Company
Recovering financial compensation from a trucking company is challenging and typically involves five major steps: (1) filing a complaint, (2) discovery, (3) pre-trial motions, (4) trial, and (5) appeals. Each of these steps contains legal complexities and procedural pitfalls, which is why anyone pursuing a claim must retain qualified legal counsel.
Filing a Complaint
A complaint is the legal document that initiates a lawsuit. The complaint must allege negligence by the truck driver or trucking company with sufficient specificity to place the defendant on notice of the claim and the alleged wrongdoing.[10] Under New York law, a negligence lawsuit stemming from a motor vehicle accident must be filed within three (3) years of the date of the accident.[11] Failure to file within this time frame can result in the claim being permanently barred due to the statute of limitations.
Once the complaint is filed, the defendant—whether the truck driver, trucking company, or insurer—will typically respond with either an Answer or a Motion to Dismiss. An Answer addresses each allegation in the complaint by admitting, denying, or asserting lack of knowledge. A Motion to Dismiss seeks to terminate the case on legal grounds without proceeding to discovery or trial.
Discovery
The discovery phase is critical in uncovering facts and documents necessary to prove liability and damages. In New York, discovery is governed by CPLR 3101(a) and CPLR 3120. These statutes allow attorneys to request depositions, interrogatories, medical records, photographs, trucking logs, black box data, maintenance records, and more. The outcome of a trucking lawsuit can be significantly influenced by how effectively counsel uses these tools to build the case.
Pre-Trial Motions
After discovery, parties often submit pre-trial motions. Two of the most common are motions for summary judgment and motions in limine.
A motion for summary judgment—sometimes referred to as a dispositive motion—is supported by affidavits, deposition transcripts, and documentary evidence. It argues that there are no material facts in dispute and that the moving party is entitled to judgment as a matter of law.[12] This is governed by [13].
As the trial nears, attorneys may file motions in limine. These motions seek to exclude certain evidence from being introduced at trial, often because it is prejudicial, irrelevant, or legally inadmissible.[14]
In addition, parties may file a Frye motion. A Frye motion challenges the admissibility of expert witness testimony by asserting that the expert’s methods or theories are not generally accepted in the relevant scientific community.[15] In New York, the Frye standard is still the controlling authority on expert evidence.[16] Because expert witnesses often play a pivotal role in trucking accident litigation (e.g., accident reconstruction, medical causation), a successful Frye motion can shape the outcome of a trial.
Trial
Although many cases settle before reaching trial, some do proceed to a full trial on the merits. During trial, each party presents opening statements, calls witnesses, submits evidence, and makes closing arguments. The plaintiff presents their case first, followed by the defense. Witnesses are subject to direct and cross-examination.
In New York civil trials, a jury verdict must be agreed upon by at least five-sixths of the jurors (e.g., 5 of 6 or 6 of 7 jurors).[17] The verdict may address liability, damages, or both.
Litigating in Adverse Weather Conditions: A Case Study
Our attorneys at Dansker & Aspromonte Associates recovered $4.4 million for a client who was injured after driving into a pond of water that had accumulated on the roadway. The water caused her vehicle to hydroplane across multiple lanes of traffic and over an embankment. She was driving home in a heavy rainstorm when the accident occurred, suffering both severe physical and psychological injuries.
The key takeaway from this case is that a severe weather event does not absolve a negligent party of legal responsibility. Even though our client was driving during extreme rain conditions, she was still entitled to substantial compensation for her injuries. You can read more about this case at this link.
Conclusion
As discussed above, truck accident cases are complex forms of litigation. The inclement weather conditions associated with spring only add further complications. However, there are meaningful steps you can take, such as collecting evidence, documenting weather data, and obtaining a police report, to help strengthen your case.
While those actions are important, there is no substitute for experienced legal representation following a serious truck accident. Contact our truck accident attorneys today to schedule a free consultation. We bring decades of experience and a deep understanding of the law that helps maximize the value of your case.
You can reach us at (212) 732-2929, or contact us through our secure online portal linked here. Our legal team is standing by and ready to help you get the justice you deserve.
[1] National Weather Service, “Weather Related Fatality and Injury Statistics” (accessed April 27, 2025), https://www.weather.gov/hazstat.
[2] Frieder v. Long Island R.R., 966 N.Y.S.2d 835 (Sup. Ct. 2013).
[3] Tobin v. Grossman, 24 N.Y.2d 609 (1969).
[4] U.S. Department of Transportation Federal Highway Administration, “Federal Size Regulations for Commercial Motor Vehicles” (accessed April 30, 2025), https://ops.fhwa.dot.gov/freight/sw/overview/index.htm.
[5] New York State Department of Motor Vehicles, “Overweight and Oversized Vehicles” (accessed April 30, 2025), https://dmv.ny.gov/business/overweight-and-oversized-vehicles.
[6] Oversize.io, “New York Frost Laws & Seasonal Load Restrictions” (accessed April 30, 2025), https://oversize.io/regulations/frost-laws-by-state/new-york.
[7] See Size and Weight Restrictions, New York City Department of Transportation (accessed April 29, 2025), https://www.nyc.gov/html/dot/html/motorist/sizewt.shtml.
[8] See Oversize.io, “New York Frost Laws & Seasonal Load Restrictions” (accessed April 30, 2025), https://oversize.io/regulations/frost-laws-by-state/new-york.
[9] See Truck Routing, New York City Department of Transportation (accessed April 27, 2025), https://www.nyc.gov/html/dot/html/motorist/truckrouting.shtml.
[10] CPLR § 3013.
[11] CPLR § 214(5).
[12] CPLR § 3212.
[13] Brill v. City of New York, 2 N.Y.3d 648 (2004).
[14] Maliqi v. 17 East 89th Street Tenants, Inc., 880 N.Y.S.2d 917, 921 (Sup. Ct. 2009).
[15] See Lara v. New York City Health and Hospitals Corp., 305 A.D.2d 106, 757 N.Y.S.2d 740, 741 (1st Dep’t 2003).
[16] Id.
[17] CPLR § 4113.
