Being involved in a truck accident is a life-altering experience. You’re likely facing serious injuries, mounting medical bills, and questions about your future.
For residents of New York, the aftermath of a truck accident can feel even more overwhelming due to the complexities of state and federal laws governing the trucking industry.
If you’re wondering whether you can hold the trucking company accountable along with the driver, you’re not alone. Many victims are unsure of their rights and how to navigate the legal system to get the compensation they deserve.
At the CEO Lawyer Personal Injury Law Firm, we understand that each truck accident is unique, and so are the challenges you face. Our goal is to empower you with the knowledge and support you need to take the next steps.
In this FAQ, we address the most pressing concerns about suing a truck company in New York, how truck accident employer liability works, and what you can do to protect your rights. Read on to learn more and discover how we can help you achieve justice.
Can I Sue the Trucking Company Directly?
Yes, you can sue the trucking company in addition to the driver if certain conditions are met. In many cases, trucking companies can be held liable under vicarious liability laws, which state that an employer is responsible for the negligent actions of their employees when performed during the scope of their employment.
This principle is often referred to as truck accident employer liability.
However, you may also pursue a claim against the trucking company for direct negligence, such as:
- Failure to properly maintain the vehicle.
- Negligent hiring practices (e.g., hiring drivers with poor driving records).
- Inadequate training programs.
- Pressuring drivers to meet unrealistic delivery schedules, which leads to driver fatigue.
Key New York Laws to Consider
- Respondeat Superior Doctrine: This legal principle makes employers liable for their employees’ negligence.
- Federal Motor Carrier Safety Regulations (FMCSR): These laws, enforced by the Federal Motor Carrier Safety Administration (FMCSA), set standards for trucking companies. Violations can form the basis of your claim.
What Evidence Do I Need to Prove the Trucking Company’s Liability?
Building a case against the trucking company requires strong evidence. Key pieces of evidence may include:
- Driver Logs: These help determine if the driver violated Hours of Service (HOS) regulations, which limit how long a driver can be on the road without rest.
- Maintenance Records: These can reveal whether the trucking company neglected required vehicle inspections or repairs.
- Employment Records: These can show if the company hired a driver with a poor safety history.
- Black Box Data: The truck’s Electronic Logging Device (ELD) records speed, braking patterns, and hours driven.
- Witness Statements: Eyewitness accounts can corroborate your claims of negligence.
- Dashcam or Surveillance Footage: Video evidence can provide a clear view of what happened before and during the crash.
What Are Common Reasons for Trucking Company Liability?
Trucking companies can be held liable for a variety of reasons, including:
- Negligent Hiring: Employing drivers without proper background checks or hiring those with a history of traffic violations.
- Insufficient Training: Failing to provide adequate training for handling large commercial vehicles.
- Overloading or Improper Loading: Allowing or encouraging overloaded trucks increases the risk of accidents.
- Negligent Maintenance: Skipping regular inspections or delaying necessary repairs.
- Violation of Federal Safety Standards: Ignoring FMCSR requirements related to driver hours, vehicle upkeep, or cargo handling.
How Do I Know if the Driver Was Acting Within the Scope of Their Employment?
To sue the trucking company, you must prove that the driver was performing job-related duties when the accident occurred. Examples include:
- Driving a truck to deliver goods.
- Traveling for a scheduled pick-up or drop-off.
However, if the driver was using the truck for personal errands or unauthorized purposes, the trucking company might argue they are not liable. Your attorney can help uncover the necessary evidence to prove otherwise.
What if the Truck Driver Was an Independent Contractor?
In New York, trucking companies often classify drivers as independent contractors to limit their liability. However, this classification does not automatically absolve the company of responsibility.
Courts will examine:
- How much control the company has over the driver’s schedule and operations?
- Whether the truck displays the company’s branding.
- Whether the driver was hauling the company’s cargo.
If the company exerts significant control, it may still be held liable under the law.
Are There Deadlines for Filing a Lawsuit Against the Trucking Company?
Yes, New York has strict deadlines, known as the statute of limitations, for filing personal injury claims. Generally:
- You have three years from the date of the accident to file a lawsuit for personal injuries.
- You have two years from the date of death to file a wrongful death claim.
It’s crucial to act quickly, as delays can result in losing valuable evidence and your right to compensation. Contacting an experienced personal injury attorney as soon as possible ensures all deadlines are met.
What Compensation Can I Recover by Suing the Trucking Company?
Victims of truck accidents may be entitled to recover various types of compensation. These damages are designed to address both the tangible and intangible consequences of the accident.
Here’s a breakdown of what you might recover:
1. Medical Expenses
Compensation for all medical-related costs, including:
- Emergency room visits.
- Hospital stays and surgeries.
- Physical therapy and rehabilitation.
- Prescription medications.
- Long-term care or specialized treatments for permanent injuries.
- Future medical expenses, especially for injuries that require ongoing care.
2. Lost Wages and Earning Capacity
If your injuries have left you unable to work, you can recover:
- Lost wages for the time you’ve missed work during recovery.
- Loss of future earning capacity if your injuries prevent you from returning to your previous job or working at the same capacity.
3. Pain and Suffering
These non-economic damages account for the emotional and physical distress caused by the accident, such as:
- Chronic pain or discomfort.
- Emotional trauma, anxiety, or depression.
- Loss of enjoyment of life due to physical limitations or permanent disabilities.
4. Property Damage
If your vehicle or other personal property was damaged in the accident, you can claim the costs for:
- Repairs or replacement of your vehicle.
- Rental car expenses while your vehicle is being repaired.
5. Punitive Damages
Punitive damages may be awarded in cases of egregious negligence or reckless behavior by the trucking company. These damages are meant to punish the wrongdoer and serve as a deterrent for similar conduct in the future.
6. Other Out-of-Pocket Expenses
You can also recover compensation for additional costs related to the accident, such as:
- Transportation to and from medical appointments.
- Home modifications are required for disability access (e.g., ramps or lifts).
- Childcare expenses if you are unable to care for your family due to your injuries.
Pursuing these damages requires thorough documentation and expert representation. Our attorneys at the CEO Lawyer Personal Injury Law Firm are skilled at calculating the full scope of your losses to ensure you receive the maximum compensation possible.
Should I Accept a Settlement Offer from the Trucking Company?
Trucking companies and their insurers often attempt to settle quickly for less than you deserve. Before accepting any offer:
- Consult with a personal injury attorney.
- Consider whether the settlement fully covers your current and future expenses.
- Evaluate if it accounts for non-economic damages like pain and suffering.
Our attorneys at the CEO Lawyer Personal Injury Law Firm can negotiate aggressively on your behalf to secure fair compensation.
What Should I Do Immediately After a Truck Accident?
If you’ve been involved in a truck accident, take the following steps:
- Call 911: Ensure police and medical personnel are on the scene.
- Document the Scene: Take photos of the vehicles, road conditions, and any visible injuries.
- Collect Information: Exchange contact and insurance details with the truck driver. Note the trucking company’s name and vehicle identification number (VIN).
- Seek Medical Attention: Even if injuries seem minor, get checked by a medical professional.
- Contact an Attorney: Reach out to a personal injury lawyer to protect your rights and begin building your case.
Why Should I Hire an Attorney for My Truck Accident Case?
Truck accident cases are more complex than standard car accidents due to federal regulations, multiple liable parties, and large insurance policies. An experienced attorney can:
- Investigate the accident thoroughly.
- Identify all liable parties, including the driver, trucking company, and manufacturers.
- Handle communications with insurance companies.
- Maximize your compensation through strategic negotiation or litigation.
At the CEO Lawyer Personal Injury Law Firm, we have the expertise to navigate these challenges and secure the best possible outcome for you.
How Much Does It Cost to Hire a Personal Injury Attorney?
Most personal injury attorneys, including those at the CEO Lawyer Personal Injury Law Firm, work on a contingency fee basis. This means:
- You pay nothing upfront.
- We only get paid if we win your case.
- Our fee is a percentage of the settlement or court award, discussed transparently in advance.
How Can I Contact the CEO Lawyer Personal Injury Law Firm?
If you have questions about suing a truck company or need help with a truck crash lawsuit, don’t wait. The sooner you contact us, the stronger your case will be.
We offer free consultations and are ready to fight for the justice and compensation you deserve.
Truck accident cases can be overwhelming, but you don’t have to face them alone.
Let the experienced New York truck accident attorneys at the CEO Lawyer Personal Injury Law Firm handle the complexities while you focus on recovery. Contact us today at (516) 689-1132 for a free consultation and learn how we can help you hold the trucking company accountable.
