Legal Guidance For Victims Of Truck Accidents

Last updated on May 8, 2026

Have you or someone you love sustained injuries as a result of a negligent truck driver? If you’ve been in a truck accident, you deserve a lawyer who knows the laws and how they affect your personal injury case.

Filing a suit on your own may be more cost-effective, but having an attorney who will protect your rights and fight on your behalf is much more likely to help you reach a successful outcome.

To schedule your free consultation, call Scarzafava & Basdekis, at 607-441-4137 today! From our office in Oneonta, we represent truck accident victims and their families in Otsego, Delaware and Chenango counties.

Why Truck Accidents Are More Complex Than Car Accidents

The difference between car and truck accidents

Though they are both motor vehicle accidents, truck accidents and car accidents are not the same. There are several important distinctions that make truck accidents more difficult to pursue, including:

The size and weight disparity: A commercial truck, such as a semi, can weigh 20-30 times more than a passenger vehicle. The result is often more severe or fatal injuries, as well as more extensive property damage.

The potential for multiple liable parties: There are many parties involved in a commercial vehicle accident: the truck driver, the trucking company, the truck’s manufacturer, the maintenance company and the cargo loader. You need an experienced attorney to determine liability and pursue compensation from each liable party.

The need to preserve evidence right away: There is considerable evidence to collect and little time to do it. Driver logs, black box data, electronic logging devices and maintenance records may disappear quickly after an accident. The truck itself will also likely be towed away within hours of the accident. We will secure evidence immediately.

The rapid response team’s arrival at the scene: The trucking company and its insurance carrier will send a team to the site as soon as possible. You need a lawyer with experience in gathering the evidence to build your claim and ensure the truck is accessible.

The injuries may be more severe than those in passenger vehicle accidents

Trucking accidents tend to cause catastrophic injuries such as:

• Severe fractures
• Crush injuries
• Traumatic brain injuries (TBI)
• Spinal cord injuries
• Internal bleeding
• Organ damage
• Burn injuries
• Amputations

These types of injuries may result in scarring, disfigurement and permanent disability. In the worst accidents, wrongful death may be the outcome. You will need an experienced personal injury and truck accident lawyer to recover the full and fair compensation you deserve.

What does this mean for people in the Oneonta area?

Throughout Otsego, Delaware and Chenango counties, conditions on rural roads make driving a truck even more difficult. These roads are narrow, poorly lit and have sharp turns. Truck drivers may have trouble staying on the road, especially if they are driving too fast for road conditions or not paying close attention to the road. Snow and ice makes these roads more treacherous. People in cars may feel as if rural roads are safer, but when trucks are involved, that is often not the case.

Interstate 88 is a significant commercial trucking corridor connecting the cities of Binghamton and Albany. With increased trucking traffic on this interstate, catastrophic and fatal accidents are common. If you were injured in a truck accident on I-88, contact us for help.

Federal Regulations And Common Causes Of Truck Accidents

Federal Motor Carrier Safety Administration (FMCSA) regulations

These regulations cover:

• Hours of service: Truck drivers are not allowed to drive without taking rest breaks.
• Weight and load limits: These regulations are meant to prevent overloaded trucks and poorly secured cargo.
• Vehicle inspections and maintenance: If regular maintenance is not performed, the truck can be dangerous to operate.
• Commercial driver’s license (CDL) requirements: Drivers must undergo alcohol and drug testing. They should also follow the rules of the road and special FMCSA regulations.

Common causes of truck accidents

There are many reasons that trucking accidents happen, including:

• Driver fatigue: an hours of service violation when drivers do not take required rest breaks
• Distracted driving or impaired driving: CDL and drug/alcohol testing violations
• Speeding or aggressive driving: CDL violations
• Improperly loaded or unsecured cargo: weight and load limit violations
• Poor or missing truck maintenance: inspection and maintenance violations

In addition, drivers may fail to operate the truck in a safe manner during bad weather, such as snow and ice storms in upstate New York. Truck drivers may also cause blind-spot accidents if they are not careful. Blind-spot accidents can be devastating to people in passenger vehicles.

Why FMCSA violations matter for your case

If a truck driver, trucking company or another negligent party violates the FMCSA regulations, we have strong evidence of their negligence. This evidence is crucial to building a strong case for damages.

At Scarzafava & Basdekis, our attorneys have more than 40 years of experience representing severely injured motorists and their passengers. We understand how important this type of evidence is, and we know how to recover it before the trucking company tries to erase it. If you have been injured in a truck accident, it is important to contact us as soon as possible so we can begin investigating the accident and securing the evidence.

We are here to help you and your family through this difficult ordeal. Whether you were seriously injured or you lost a family member to wrongful death, our compassionate lawyers are prepared to seek justice and compensation for you. Please call us at 607-441-4137 or send us an email for a free consultation.

Unique Legal Attention For Truck Accident Injuries

Accidents involving big rigs or 18-wheelers come with different sets of legal challenges. Commercial truckers must follow stricter state and federal regulations and higher insurance policies, which means that it may be easier to defend your claim. Multiple parties may also be at fault in a truck accident. An experienced attorney may know the best strategy to help you achieve the compensation that your case deserves.

At our firm, we go to great lengths to examine the details of your case and put together the course of action that will be most effective. We have earned a reputation for paying close attention to detail and working tirelessly for our clients.

We work to help you obtain damages for the following:

• Medical bills
• Emergency expenses
• Follow-up treatment costs
• Loss of wages
• Future loss of wages
• Property damages
• Emotional pain and suffering
• Wrongful death claims

What To Do If You Are In A Truck Accident

Because truck accidents are often devastating for passenger car drivers, it can be overwhelming to take action in the aftermath of a crash. In order to maximize your personal injury claim, it’s important to take certain steps that will help you establish your case and ensure that you have the support and resources you’ll need.

Here’s a quick checklist of the steps you should take after a truck accident:

• Come to a complete stop
• Check yourself and other passengers for injuries
• If it’s possible, move away from traffic
• Call 911 to report the accident
• Wait for the police and first responders to arrive
• Get insurance and contact information from all parties
• Immediately seek medical help

Regardless of how “minor” the accident may seem to you in the moment, it’s crucial to seek appropriate medical attention as soon as possible. Even minor truck accident injuries have often shown to be serious once the adrenaline starts to fade.

However, you should never attempt to remove yourself from the car if you’ve been seriously injured – emergency personnel will be able to help you and ensure that you are not injured further in the debris. You should also always wait until the police have authorized you to leave the scene of the accident.

Once your condition is stable, it’s crucial to take photos of your vehicle so that there is a record of the property damage. You will also need to identify potential witnesses, keep track of your medical records and get a property damage valuation for your car from two to three independent shops.

While insurance claims adjusters will likely be contacting you to perform a damage valuation, you will need to compare this valuation against other repair specialists to get the best estimate.

We’re Here To Answer Your Questions

Below are some answers to commonly asked questions about what to do after an accident with a truck.

Why Is It Important To Seek Medical Attention Immediately After A Truck Accident?

It’s important to seek medical attention right after an accident in order to establish a clear timeline of events, the extent of your injuries and what type of injuries you suffered. Even if you don’t feel hurt immediately following an accident, it’s a good idea to be evaluated by a doctor. That’s because some injuries may not present symptoms right away. You could be injured and not even know it.

What Type Of Damages Can I Seek In My Accident Claim?

Similar to premises liability and other personal injury claims, most plaintiffs seek compensatory damages to cover applicable costs associated with their injuries. This can include any costs accrued for immediate medical care, prescriptions and therapy. If you missed work because of your injuries, needed additional child care or accrued other costs related to your injury, you may seek compensation for these expenses as well. If you need long-term physical therapy, compensatory damages may be sought for that as well.

Only in cases of gross negligence can someone seek punitive damages, which are meant to punish the individual involved. That might be the truck driver, the trucking company or another related third party.

Is It A Good Idea To Speak With An Attorney Before Talking To The Insurance Company?

Yes. It’s important to remember that even if an insurance adjuster is nice over the phone, ultimately, they work for the insurance company for the truck driver and trucking company and therefore they are looking out for their client’s bottom line, not what’s best for you. What might seem like a good offer from the insurance company might not actually be in your best interests. And, in some cases, an insurance company may push back on a valid claim, which may cause you more stress and frustration.

When you work with an attorney, they are looking out for your best interests. They will assess whether an offer is fair and even talk to the insurance company on your behalf if you are getting pushback. If matters need to be handled in court, an attorney can more effectively advocate for you than you may be able to do on your own.

Serving Victims Throughout The Tricounty Area

Would you like an opportunity to sit down with one of our Oneonta truck accident attorneys? We understand that the aftermath of accidents can be very stressful, and we look forward to discussing the details of your case with you to help alleviate some of your anxiety.

Give our Oneonta truck accident lawyers a call today at 607-441-4137 or contact us online to make an appointment for a free, confidential consultation.