Were you injured in a truck accident in Amherst, NY?
At Hurwitz, Whitcher & Molloy, we provide trusted representation to truck crash victims across Amherst and the surrounding area.
If you were injured in a truck accident in Amherst, our Amherst, NY truck accident lawyer can identify the trucking company and every other liable party, request the carrier’s driver and maintenance records, and seek full compensation for your injuries and financial losses. Hurwitz, Whitcher & Molloy calculates both current and future losses, including long-term medical care and reduced earning capacity, before presenting any settlement demand. Contact our office to schedule a free consultation.
Truck Accident Lawyer Amherst, NY
A truck accident claim is a negligence claim against the driver, carrier, or other company responsible for a crash involving a commercial truck, such as a tractor-trailer, box truck, or dump truck. These claims differ from car accident claims because the trucking company, the cargo loader, the maintenance contractor, and the vehicle owner may each carry separate insurance and separate responsibility for the crash.
In New York, 120 people died in crashes involving large trucks in 2023, and 106 of them were occupants of other vehicles, pedestrians, or cyclists rather than people inside the truck, according to NHTSA large truck data. Our Amherst truck accident attorney reviews the carrier’s inspection and crash history in the federal FMCSA SAFER system as part of determining which companies share responsibility.
Types of Truck Accident Cases We Handle in Amherst
Commercial truck crashes differ by vehicle type and by the error behind them, and common driver errors often identify the liable party. Each case type below calls for a different set of records.
- Tractor-trailer collisions. A loaded tractor-trailer requires more distance to stop and more room to change lanes than a passenger vehicle. We obtain the driver’s logs and the truck’s electronic data to reconstruct speed and braking before impact.
- Jackknife and rollover crashes. Sudden braking, excessive speed on a curve, or a shifting load can cause the trailer to swing or tip. We examine the load records and the road conditions to determine whether the driver or the loading company caused the loss of control.
- Underride collisions. A passenger vehicle slides beneath the rear or side of a trailer, often causing severe head and neck injuries. We inspect the trailer’s rear guard and lighting to determine whether the owner maintained the equipment properly.
- Rear-end collisions. A truck that follows too closely cannot stop in time when traffic slows ahead. We use dash camera footage and electronic data to show the truck’s following distance.
- Wide-turn and blind-spot crashes. Trucks swing wide to complete right turns and have large blind spots along both sides. We establish whether the driver checked mirrors and signaled before the turn or lane change.
- Cargo and load-related crashes. Overloaded or improperly secured cargo can shift, spill, or cause a tire or brake failure. We pursue the company that loaded the truck when its negligence contributed to the crash.
- Bicycle accidents. Delivery trucks and box trucks strike cyclists most often during right turns and lane changes. We pursue these claims against the driver and the carrier that employed the driver.
- Delivery and municipal truck crashes. Box trucks, garbage trucks, and snowplows operate on residential streets throughout Amherst. When a town or county owns the truck, you must serve a notice of claim within 90 days, and we prepare and serve that notice.
- Fatal truck crashes. When a truck crash takes a life, the estate may pursue wrongful death compensation for the family’s financial losses and funeral costs. We work with the estate representative from the first filing through resolution.
Why Choose Hurwitz, Whitcher & Molloy as My Truck Accident Lawyer in Amherst, NY?
More Than 50 Years Representing Injured Clients in Western New York
Our firm has served injured clients in the Buffalo area since 1970, and our five attorneys hold more than 125 years of combined experience. Michael J. Whitcher, whose practice includes personal injury, joined the firm in 1992 after his admission to the New York bar in 1986. He earned his law degree from the State University of New York at Buffalo Law School in 1985 and belongs to Erie County’s bar association and the Northern Chautauqua County Bar Association. Decades of practice in Erie County give injured clients a personal injury lawyer in Amherst, NY familiar with the insurers and courts that handle these claims.
Claims Against Carriers, Owners, and Other Liable Companies
A single truck crash can involve the carrier that employed the driver, the company that owns the trailer, the business that loaded the cargo, and the shop that maintained the brakes. Our Amherst truck accident lawyer identifies each of these parties and pursues a claim against every one whose negligence contributed to the crash. We also arrange an inspection of the truck’s brakes, tires, and lighting, because defective vehicle parts can place responsibility on a maintenance shop or manufacturer.
What Is Important to Understand About a Truck Accident Case?
What Are Important Aspects of a Truck Accident Case?
Commercial carriers keep electronic logs, dispatch records, and camera footage that can establish fault. Several filing deadlines also begin on the date of the crash.
- The three-year filing deadline for most New York personal injury lawsuits begins on the date of the crash.
- The trucking company controls the driver’s logs, electronic data, and inspection reports, so we send a written demand to preserve that evidence early in the claim.
- New York’s No-Fault coverage typically pays initial medical bills and part of lost earnings for people hurt in motor vehicle crashes, and a separate claim against the truck’s owner and operator seeks the remaining losses.
- A jury assigns a percentage of fault to each party in a multi-defendant case, including the injured person, and that allocation determines what each defendant pays.
Damages, Liability, and Compensation for Truck Accident Cases
A truck accident claim requires proof that a driver, carrier, or other company acted carelessly and that the carelessness caused your injuries. Under New York’s comparative fault law, a 2026 amendment bars recovery in motor vehicle injury actions governed by the No-Fault law when the injured person’s share of fault is greater than the defendants’ share. When your share of fault is equal to or smaller than theirs, the court reduces your award by your percentage of fault.
Truck crashes frequently cause fractures, spinal injuries, and traumatic brain injuries that require long-term care. Compensation in these cases can include:
- Past and future medical treatment, including surgery and rehabilitation
- Income lost during recovery and any reduction in future earning capacity
- Physical pain and suffering, along with loss of enjoyment of life
- Out-of-pocket expenses such as travel to appointments and home modifications
- Repair or replacement of your vehicle
Most Dangerous Locations for Truck Accidents in Amherst
Streets
- Transit Road (NY Route 78): This commercial corridor along the Amherst and Clarence town line serves retail plazas, including the Eastern Hills Mall area, where delivery trucks enter and exit through commercial driveways.
- Main Street (NY Route 5) at the I-290 interchange: The engineering study for the Exit 7 improvement project found that ramp geometry, weaving segments, and heavy daily traffic contribute to congestion and crashes at this interchange.
Highways
- New York State Thruway (I-90): The Thruway meets I-290 at Exit 50 on the Amherst and Cheektowaga town line, where long-haul trucks merge between the two expressways. Thruway work zones add lane shifts that require trucks to slow and merge.
- Youngmann Expressway (I-290): I-290 links the Thruway with routes to Niagara Falls and the Canadian border while bypassing the city of Buffalo, which draws cross-border commercial traffic through Amherst.
- Lockport Expressway (I-990): I-990 runs entirely within Amherst, connecting I-290 with Millersport Highway and carrying traffic to the University at Buffalo and Lockport.
What Is The Truck Accident Case Timeline?
Truck accident claims generally take longer than car accident claims because more companies and insurers take part. The number of defendants and the extent of your injuries determine how long each stage lasts.
- Evidence preservation: We send preservation demands to the carrier and gather the police report, photographs, and witness statements.
- Medical treatment: You follow your treatment plan, and we collect the records that document your injuries and prognosis.
- Liability investigation: We review driver logs, maintenance records, and the carrier’s federal safety history.
- Demand and negotiation: We present a settlement demand to each insurer and conduct the insurance negotiations on your behalf.
- Lawsuit and trial: If the insurers do not offer fair compensation, we file a lawsuit, and the Erie County Clerk issues an index number when the action begins. The case then proceeds through discovery and, if necessary, trial.
What Should You Bring to Your Truck Accident Consultation?
Bring any documents you already have, and we can obtain the police report and medical records you have not yet received.
- The trucking company’s name, USDOT number, or license plate, if you recorded it
- Photographs of the vehicles, the scene, and your injuries
- Medical bills, records, and prescriptions
- Your auto insurance policy and any claim correspondence
- Proof of income, such as pay stubs or tax returns
At the consultation, our Amherst truck accident attorney reviews your documents and tells you plainly whether the facts support a claim against the carrier or another party.
Reach Out to Hurwitz, Whitcher & Molloy to Schedule a Consultation
Contact us for a free consultation, and our Amherst truck accident lawyer will review the crash report, identify the companies and insurers involved, and outline the steps for your claim. Hurwitz, Whitcher & Molloy has served injured clients across Western New York for more than 50 years, and our office returns calls promptly.