Ask a Truck Accident Lawyer: Can I Sue the Truck Driver’s Trucking Company for My Injuries?

Any traffic accident can cause serious property damage and bodily injury. However, collisions involving commercial trucks often have even more catastrophic consequences.

In addition, it is not always clear who is liable in a New York truck collision: the truck driver, the trucking company, or a third party. In this post, a Buffalo truck accident lawyer explains when you can sue a trucking company after a crash.

When Can I Sue the Trucking Company for My Injuries?

New York is a no-fault auto insurance state. That means you must turn to your insurer for coverage of medical bills and other accident-related losses before filing a claim against the at-fault party.

However, you can sue a negligent trucking company if your injuries meet the state definition of “serious.” According to NY law, serious injuries include the following:

• Bone fractures
• Significant disfigurement
• Permanent limitation of a body member or organ
• Significant limitation of a body function or system
• Temporary inability to perform daily activities for at least 90 days
• Loss of a fetus
• Death

An attorney can help fight for your rights to qualify under a serious injury.

When Are Trucking Companies Liable for Accidents?

If you suffered a serious injury in a New York truck accident, you may sue the trucking company for the following:

Negligent Driver Behavior

Like any other driver, truckers are sometimes reckless or careless. They may drive too fast, brake too late, or make dangerous turns. They may also operate their vehicle while tired, distracted, or intoxicated. You may be able to sue the driver for negligence in these situations.

As any truck accident lawyer knows, you can also often sue the trucking company. Under the theory of vicarious liability, driver liability often becomes company liability. In other words, the legal system can hold employers responsible for the actions of their employees.

Negligent Company Practices

You can also sue the trucking company for negligent company practices. Examples include the following:

• Hiring unqualified drivers
• Not conducting driver background checks
• Failing to maintain their fleet
• Neglecting to perform regular inspections
• Loading cargo improperly
• Allowing drivers who fail drug tests to continue working

Violations of Trucking Regulations

Strict state and federal regulations govern the safe operation of commercial trucks. These range from rules for proper cargo storage to limits on drivers’ work hours.

However, not every trucking company always adheres to these regulations. If they force drivers to exceed the hours-of-service limits or even alter logs to hide violations, you may be able to sue them for negligence.

Who Else May Be Legally Liable?

While trucking companies are often legally responsible for crashes, other potentially liable parties exist. Your truck accident lawyer will evaluate whether you can pursue a claim against any of the following:

• The driver: If the driver is an independent contractor, you would need to sue them directly for an accident since vicarious liability doesn’t apply. 
• A manufacturer: If a poorly designed or defective auto part caused the crash, whoever designed or produced it may be responsible.
• The cargo loader: Companies that overload trucks or load cargo improperly can be liable for accidents.
• The government: If poor road maintenance caused the crash, the city, county, or state may be liable.

Need a Truck Accident Lawyer in Buffalo, NY? Contact Us Today!

If you need a truck accident lawyer in Buffalo, NY, contact Cantor, Wolff, Nicastro & Hall LLC. We can help you untangle complicated issues of liability and identify which parties to sue after a truck collision.

Call us at 716-848-8000 or contact us online to schedule a free case evaluation today. We don’t charge any legal fees unless we collect compensation for you.