If you were injured in a truck accident, assessing who might be liable in your case can help you determine your next steps. While New York is a no-fault state for auto accidents, certain serious accidents may leave the at-fault driver responsible for your damages.
A New York truck accident lawyer can represent you during the compensation process.
Potential Liable Parties in a New York Truck Accident
According to the Institute for Traffic Safety Management and Research, a crash is more likely to involve multiple vehicles when a large truck is involved. As many as 87% of large truck crashes that result in fatalities or personal injuries involve multiple vehicles.
If multiple vehicles were involved in your accident, several parties might be responsible or share liability. Potential liable parties include:
- The truck driver: The truck driver in the accident may have been at fault if they violated traffic laws or made an error that caused the accident.
- The trucking company: Truck companies often assume vicarious liability for their drivers. A truck company may also be liable if it failed to train a driver properly, neglected to conduct inspections or maintenance on the truck, or otherwise breached its duty of care to prevent commercial truck collisions.
- A cargo loader: Loading cargo in commercial trucks incorrectly can cause the truck to be off balance, increasing the risk of accidents. When this happens, the cargo loader may be responsible for the accident.
- A truck maintenance provider: A maintenance provider that overlooked an important issue or conducted incorrect maintenance on the vehicle may be responsible if a malfunction led to the accident.
- A truck manufacturer: A truck manufacturer can also be liable for releasing a truck with a defective component that malfunctions and causes an accident.
- Another driver: Perhaps another driver swerved and collided with the truck or made another error that led to the accident.
When working through liability determinations, a New York truck accident lawyer can represent you in any resulting settlement negotiations.
New York’s No-Fault Accident Laws and Your Case
New York’s no-fault laws for car accidents mean that typically, the parties involved in a vehicle crash use their own insurance to pay for medical bills and lost wages, regardless of who caused the crash up to the applicable insurance policy limits. However, under New York law, you may make a claim against another driver who caused the accident if you sustained a “serious injury.”
Section 5102(d) of the New York Insurance Law describes a “serious injury” as one involving any of the following:
- Death
- Dismemberment
- A fracture
- Loss of a fetus
- Significant disfigurement
- Permanent loss of use of an organ
- Significant limitation of a body system or function
It also gives a broader definition that includes any impairment or injury that is medically determined to prevent the person from participating in daily activities for at least 90 of the 180 days following the accident.
Truck accident victims with injuries that meet this threshold may be able to make a claim against the at-fault driver for non-economic damages, such as pain and suffering and economic damages exceeding no-fault coverage. Consulting an 18-wheeler accident lawyer at the Wohlgemuth Law Firm PLLC is important to understanding your rights and options.
Request a Legal Consultation With a Truck Accident Lawyer in New York
If you are wondering who might be liable in your truck accident case, consulting a New York truck accident lawyer can provide clarity and guidance. The Wohlgemuth Law Firm PLLC has years of experience representing truck accident victims across NYC, its surrounding areas, and the Brooklyn, NY, area. Contact us today at 718-474-9100 to request a free consultation or learn more about determining fault in a New York auto accident.
Frequently Asked Questions
How common are New York truck accidents?
Truck accidents are relatively common across New York, with almost 3,500 occurring in the state in 2024 alone. Of these accidents, 97 involved fatalities. If you were injured in a truck accident, consult a Brooklyn truck accident lawyer at the Wohlgemuth Law Firm PLLC for legal representation.
Who determines liability in a New York truck accident?
Insurance companies are generally responsible for making the fault determination after vehicle accidents in New York, but each party still files with their own insurance company pursuant to New York’s no-fault laws unless they meet the serious injury threshold. An experienced truck accident lawyer at the Wohlgemuth Law Firm PLLC can help you with liability when dealing with the insurance company and file a lawsuit when warranted.
Can I still receive compensation if I was partially at fault for the accident?
Yes, you can still make a claim after an accident if you were partially at fault. Speak with a New York truck accident lawyer about how sharing partial truck accident liability may affect your payout.
