If you are hurt in a collision involving a commercial rig and want to pursue a claim, your New York truck accident lawyer will start by figuring out who is responsible. Unlike a typical two-car crash, truck accident cases often involve multiple parties, complicated insurance claims, and federal regulations. Much depends on the facts and how the law allocates liability to each party.
Below, Cassisi & Cassisi, P.C., explains what you need to know about working with a truck accident lawyer in New York and who the courts may hold accountable after a crash.
Who Is Responsible After a Truck Crash in New York?
According to ConsumerShield, the United States has recorded approximately 140,000 to 166,000 truck accidents annually in recent years. When it comes to assessing a truck accident, legal liability in New York can fall on one party or be shared among several.
The truck driver is the first port of call. A driver might bear responsibility if they were speeding, fatigued, texting behind the wheel, or violating traffic laws. Your New York truck accident lawyer will also look at the federal hours-of-service rules when assessing fault.
The trucking company can carry vicarious liability, which deems employers responsible for their employees’ actions within the scope of the job. A company could also face direct claims for negligent hiring, inadequate driver training, or failure to maintain its fleet.
The cargo loading company is another potential defendant. When freight is overloaded, unevenly packed, or improperly secured, it can shift during transit or fall from the truck, creating serious hazards for other drivers. A lawyer may also look at vehicle or parts manufacturers if mechanical defects, faulty brakes, or defective tires contributed to your crash.
In some cases, outside maintenance contractors may also face scrutiny. Some trucking companies leave vehicle upkeep to third-party providers. Shoddy repair work could mean that the contractor bears some responsibility for your accident.
How New York’s No-Fault Laws Affect Truck Accident Claims
According to the Federal Motor Carrier Safety Administration’s Large Truck and Bus Crash Facts report, approximately 82% of the fatalities in large truck crashes in 2022 were not occupants of the truck. New York is a no-fault state for vehicle accidents, and injured parties generally file with their own insurance company for medical expenses and lost wages, regardless of who caused the crash. Still, truck accident injuries may go well beyond those no-fault limits, in which case New York Insurance Law Section 5102(d) may allow a direct claim against an at-fault party.
In these situations, the injury in question should qualify as a serious one, such as:
- A bone fracture
- Significant disfigurement
- Permanent loss of use of a body organ or dismemberment
- An injury that prevents daily activities for at least 90 of the 180 days
Your New York truck accident lawyer can advise whether your injuries meet one of these thresholds and qualify for pain and suffering damages.
Determining Fault in New York Truck Collisions
According to the World Health Organization, road traffic injuries are the leading cause of death for victims between the ages of 5 and 29 years worldwide. Regardless of age or location, establishing who caused a crash requires a thorough investigation.
Evidence used in determining fault in New York truck collisions often includes a combination of official records, physical data, and witness accounts, such as:
- Police accident reports
- Driver logs and electronic records
- Black box data
- Truck maintenance and inspection records
- Cargo records
- Eyewitness statements
Truck crash liability and compensation claims may have multiple parties pointing fingers at each other. Building a clear picture of what happened often requires gathering evidence early, before records are altered or destroyed. Knowledge of prior truck accident case settlements can provide a broader sense of what the claims process may look like.
How a Semi-Truck Accident Lawyer Approaches Your Case
Commercial trucking is regulated by New York state law and the Federal Motor Carrier Safety Administration. A semi-truck accident lawyer can help you navigate the many layers of complexity, identify all potentially liable parties, and handle communications with multiple insurance companies.
New York also follows a pure comparative negligence rule, which means that the victim may still recover compensation if they are partially at fault for the accident. The court would reduce your award in proportion to the share of fault, so it’s important to present the facts accurately.
Contact Cassisi & Cassisi, P.C., for a New York Truck Accident Lawyer
Liability in New York truck accidents is rarely straightforward. Understanding who may be responsible can be a crucial part of moving forward and maximizing auto accident compensation.
If you’re looking to understand your options, Cassisi & Cassisi, P.C.’s truck accident lawyer in New York is familiar with the regulations and investigation strategies these cases require. Call (516) 294-5050 today to schedule your consultation.
Frequently Asked Questions
Here are some common questions people ask about truck accident liability in New York.
Who Can Be Held Liable in a New York Truck Accident?
The burden of liability in a New York truck accident can fall on multiple parties, including the truck driver, company, cargo loader, and maintenance service provider.
How Is Fault Determined After a Truck Crash in New York?
Allocating fault after a New York truck crash will typically depend on a review of evidence, such as police investigations, electronic logs, and eyewitness statements. It is typically the insurance companies and courts that make the final fault determination.
Can I Still Recover Compensation if I Was Partially at Fault for the Truck Accident?
Yes, New York’s pure comparative negligence rule may allow an injured person to recover compensation even if they share some fault for the accident. The amount recovered will be reduced by their percentage of fault.
When Should I Contact a Truck Accident Lawyer in New York?
If you’ve been injured, contact a New York truck accident lawyer as soon as possible. The firm may help preserve important evidence for your case and clarify your legal options before key records are lost or overwritten.
