Accidents involving large trucks are common on American highways. In 2023 alone, there were more than half a million crashes, and 70% of the nearly 5,500 people killed in these incidents were occupants of other vehicles.
It is easy to assume that the truck driver is responsible, but that is not always the case. A truck accident lawyer in New York can represent you and investigate whether the trucking company may share responsibility.
Trucking Companies Must Follow Strict Hiring Standards
Federal rules outline the requirements for anyone driving a commercial truck, and trucking companies must confirm that applicants meet the following standards before hiring:
- An appropriate license, including a CDL when required
- A passing score on a skills test
- Background checks of the driver’s driving record
- Required drug testing and, when applicable, alcohol screening
These rules aim to keep unsafe drivers off the road. If the company did not follow them and that contributed to the crash, you may have grounds for a negligent hiring claim.
What if the Company Should Have Removed the Driver?
Negligent retention applies when a company lets a driver stay on the road despite known risks. In the event of an accident, a New York truck accident lawyer can review what the company knew or reasonably should have known.
Companies Can Be Liable for Unsafe Drivers
Under New York Vehicle and Traffic Law § 388, a vehicle owner may be held liable for injuries caused by someone operating the vehicle with the owner’s express or implied permission. A trucking company may also be vicariously liable for an employee driver’s negligence within the scope of employment or directly liable for negligently hiring or retaining a driver who posed a foreseeable safety risk.
Evidence about driver qualifications and hiring practices may include company records and other information about the driver’s history. Truck accident lawyers in New York may also review electronic control modules containing information about speed and braking before the crash.
Talk to a Truck Accident Lawyer in New York
If a trucking company’s hiring decisions may have contributed to your crash, the Wohlgemuth Law Firm PLLC represents people injured in truck crashes. Call (718) 474-9100 to discuss what happened with one of the best truck accident lawyers in New York and learn about legal options for maximizing truck accident compensation.
Frequently Asked Questions
The Wohlgemuth Law Firm PLLC is here to answer all your trucking company liability questions.
Can I Make a Claim Against a Trucking Company After an Accident?
A trucking company may share responsibility for a truck accident, and a truck accident lawyer in New York can evaluate whether the company is liable.
What Counts as Negligent Hiring in Truck Accident Cases?
Negligent hiring may occur when a trucking company fails to use reasonable care when selecting a driver, and that failure contributes to an accident.
How Long Do I Have To File a Personal Injury Lawsuit After a Truck Accident In New York?
New York generally gives you three years from the date of the accident to file a personal injury lawsuit, although certain circumstances can shorten or extend that deadline.
