If you have been injured in a collision near Queens caused by falling debris, the truck accident attorneys at The Cassisi Law Firm can help.



Pedestrian Accident

$1.1 Million

Our client was injured in a pedestrian accident.

Car Accident


Our client was injured while being a passenger in a car that was struck.

Slip & Fall


Our client was injured in a slip and fall accident.

Construction Accident


Our client was injured after being involved in a forklift accident.

Construction Accident


Our client was injured in a construction accident at a housing development.


Helping Truck Accident Victims Seek Out Compensation

Commercial vehicles are designed to carry large and heavy loads, whether that means hauling a load of fresh-cut timber, construction materials to build a house, or a trailer of goods for a big-box store. These materials may not be dangerous in themselves, but they clearly present a hazard if they fall off and hit a vehicle or drop onto the roadway into oncoming traffic. We have over seven decades of combined experience assisting individuals in seeking all the damages to which they are legally entitled.

We have represented victims from the Bronx and Brooklyn as well as communities across Suffolk and Nassau Counties. Contact us today to schedule your free initial consultation.

Regulations Designed to Protect Drivers from Falling Debris

Truckers and trucking companies must comply with a host of federal regulations issued by the Federal Motor Carrier Safety Administration (FMCSA). These regulations are put in place to promote highway safety, and they deal with everything from vehicle maintenance to mandatory vehicle equipment, truck weight and size, driver qualifications, and work schedules. The FMCSA also has regulations that address vehicle loading, called “cargo securement rules.”

These rules spell out minimum specifications for equipment such as load tie-downs and also require that equipment be in working order and good condition. They further spell out how these tie-downs are to be utilized, not only to prevent cargo from coming loose or falling off but also to make sure that the load does not shift, which can make the truck unbalanced and difficult to handle. In addition, New York state law mandates that any driver who deposits “destructive or injurious material or any material which interferes with the safe use of the highway” must remove it.

Notwithstanding these laws, debris still occasionally falls off trucks, and thus accidents still happen. In these cases, it is likely that the truck operator has violated federal or state law.

Take Legal Action through a Negligence Claim

When a driver causes a crash through a negligent act, that person may be held liable for all the injuries and costs that result from it. Normally, proving negligence requires that the plaintiff (the injured person) show that the defendant owed a duty to him or her, the defendant breached the duty, the breach caused an accident, and quantifiable damages arose as a result. When an accident occurs as a result of violating safety regulations, moreover, a plaintiff sometimes can allege “negligence per se.”

This rule may apply when:

  • The defendant violated a valid law;
  • The law was put in place to protect a certain class of people from harm;
  • The plaintiff belongs to the class of people to be protected; and
  • The defendant’s behavior caused the type of injury that the statute was designed to prevent.

Since federal cargo securement rules and New York’s road debris statute were intended to protect users of the road from the hazards created by falling debris, a person hurt by materials that have dropped from a truck might be able to claim that the trucker was negligent per se, even if he claimed that his load had been properly secured.

In addition, a trucker’s employer may be additionally liable under the legal principle of “respondeat superior.” This often allows an employer may be held responsible for an employee’s negligence if the negligent act was performed within the course of the employee’s performance of his or her job.

Assert Your Rights after a Motor Vehicle Collision

Debris that falls off a commercial vehicle can cause harm that is no less severe than it is unexpected. However, there is a limited time period to file a lawsuit, so you should not lose time in investigating whether you may have rights to assert. The experienced Queens falling debris accident lawyers at The Cassisi Law Firm can assist you with a negligence or wrongful death claim.

For a free consultation to find out how we can help, call us at 718-441-5050 or use our online form.


Real People, Real Stories

The best of the best! I truly don’t know what I would do without the advice and guidance of John Cassisi and his law firm. I trust them implicitly and time and time again they have come through for my family and I and have helped us tremendously. I am forever grateful for everything they have done for us. If you need a firm you can trust that yields successful top notch results, look no further.

– Harriet D


The Cassisi Law Firm is a highly professional caring Lawfirm. My entire family has been clients of John Cassisi for over twentyfive years. He has become part of my family in many ways. I would recommend his firm to anyone and have. John Cassini always has his clients best interests at heart. Sincerely, The Adolino Family.

– Craig Adolino


My experience with TCLF was nothing but positive. My case was given individualized attention and Mr. Cassisi and his staff were extremely kind. When going through an already difficult time, knowing that my case was being handled by an attorney I could trust had my best interest in mind was very comforting.

– Latchmee Ramnarine


After a traffic accident it’s hard to know what to do or where to turn. I am so thankful for this law firm for their diligence and excellent consultation. The entire staff and professional lawyers came to my aid and helped me to navigate these dangerous waters of accident recovery and litigation. If you want top level service and the outcome you deserve these are the lawyers for you. They’re the best period.

– Askia Richen