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Hit by a Commercial Vehicle in New York? Know Your Legal Rights

Hit By A Commercial Vehicle in NY

New York’s roads see constant commercial vehicle activity, from delivery trucks to tractor-trailers, and being struck by one can upend your life in an instant. The physical, financial, and emotional toll of such a crash can feel overwhelming, especially when you are unsure of your rights.

This post covers what you need to know, from the risks these crashes pose to the legal steps that follow. If you are searching for a commercial vehicle accident attorney in New York, the Wohlgemuth Law Firm PLLC can represent you and explain your options.

Why Commercial Vehicle Accidents Carry Serious Risks

Commercial vehicles are significantly larger and heavier than standard passenger cars, which means the injuries they cause tend to be more severe. Commercial vehicles also require longer stopping distances and have larger blind spots than passenger vehicles. These limitations make it harder for drivers to react quickly in emergencies.

When combined with high traffic volumes on New York roads, the likelihood of severe collisions increases, placing motorists, pedestrians, and cyclists at greater risk of catastrophic injury. According to the Insurance Institute for Highway Safety’s Fatality Facts 2023 report, which draws on information from the U.S. Department of Transportation’s Fatality Analysis Reporting System, 4,354 people lost their lives in large truck crashes in 2023. Such statistics underscore how dangerous collisions involving commercial vehicles can be.

Understanding Commercial Vehicle Accident Rights in New York

New York follows no-fault laws, which means your personal insurance generally covers upfront medical expenses and lost wages, regardless of who caused the wreck. However, when injuries are severe enough to meet the “serious injury” threshold under Section 5102(d) of the New York Insurance Law, you may be able to pursue a claim directly against the at-fault party. Learning about commercial vehicle safety regulations also helps you understand whether a driver or company may have violated the rules that apply to them.

A commercial vehicle accident lawyer can assess whether your injuries qualify under New York law. Qualifying injuries may include fractures, permanent limitations of bodily function, and significant disfigurement.

Who May Be Liable in Your Case?

Liability in commercial vehicle crashes is rarely straightforward. Multiple parties may share responsibility, including:

  • The truck driver: Negligent driving behaviors such as speeding, distracted driving, or driving under the influence may render the driver liable.
  • The trucking company: Employers can be responsible if they negligently hired, trained, or supervised a driver.
  • A maintenance provider: If poor vehicle upkeep contributed to the crash, the company responsible for maintenance may share liability.
  • A cargo loader: Improperly secured cargo can cause a driver to lose control, making the loader a potentially liable party.

Legal Steps After a Truck Accident in New York

Understanding your truck accident legal options starts with taking the right steps after a commercial vehicle crash. Here is what to prioritize:

  • Seek medical attention immediately: Even if you feel that you are fine, some injuries are not immediately apparent. A prompt medical evaluation creates documentation of your condition.
  • Report the crash to police: A police report is a critical piece of evidence in any personal injury case.
  • Preserve evidence: Photographs of the vehicles, vehicle positions, road conditions, parties involved and visible injuries can support your account of what happened.
  • Notify your insurer: New York’s no-fault system requires that you report the accident to your own insurance company promptly.
  • Consult a personal injury attorney in New York: Speaking with an attorney early allows your case to be properly documented before evidence disappears. 

How a Commercial Vehicle Accident Lawyer Can Support Your Case 

A personal injury attorney in New York representing clients in commercial vehicle cases will investigate far beyond what a standard car accident claim requires. That investigation may include reviewing driver logs, hours-of-service records, drug and alcohol testing records, and vehicle maintenance history. Each of these records can reveal whether a driver or company violated federal or state regulations.

According to the Federal Motor Carrier Safety Administration’s Motor Carrier Management Information System, New York recorded 2,219 large truck and bus injury crashes in calendar year 2025, representing a continued downward trend from the 3,251 injury crashes reported in 2022. Even as overall numbers decline, those involved in these crashes still face serious consequences and complex legal processes.

Pursuing compensation after a commercial vehicle crash may involve no-fault benefits, a direct claim against the at-fault party, or both. A personal injury law firm in New York with experience in these cases can identify all applicable insurance policies and pursue the available avenues on your behalf.

The Wohlgemuth Law Firm PLLC Is Ready To Stand by Your Side

Navigating commercial vehicle injury claims is a process that requires careful attention to deadlines, evidence, and New York’s specific legal requirements. The Wohlgemuth Law Firm PLLC represents clients throughout New York who sustain injuries in commercial vehicle crashes, and we are committed to building a thorough case on your behalf. Before taking any action, we also recommend reviewing resources on avoiding common car accident claim mistakes to protect your case from the start.

If you need a commercial vehicle accident lawyer in New York, contact the Wohlgemuth Law Firm PLLC today at (718) 474-9100 for a free consultation.

Frequently Asked Questions

Here are answers to some common questions about commercial vehicle accident cases in New York.

How Is a Commercial Vehicle Accident Different From a Car Accident in New York?

Commercial vehicle accidents involve federal trucking regulations, possibly multiple potentially liable parties, and more complex insurance structures than standard passenger vehicle crashes.

How Long Do I Have To File a Personal Injury Claim in New York?

The deadline for filing a personal injury claim in New York is generally three years from the date of the incident, depending on the specific circumstances. However, this can be significantly less in some cases.

When Should I Contact a Commercial Vehicle Accident Lawyer?

Contacting a commercial vehicle accident lawyer as early as possible helps preserve critical evidence, such as driver logs and electronic data, that may be lost or overwritten within weeks of a crash. 

About The Author

Picture of Joseph Wohlgemuth, Esq.

Joseph Wohlgemuth, Esq.

Joseph Wohlgemuth, Esq. is founding member of Wohlgemuth Law Firm PLLC and a respected personal injury lawyer in New York. Known for his dedication and relentless advocacy, Joseph has earned a reputation for fighting tirelessly to secure the best possible outcomes for his clients.