If you are a trucking accident victim, you can start a civil case or insurance claim to obtain compensation for your losses. But you need to seek a defendant who can pay the damages. So, who is liable in a truck accident in New York? Several individuals and entities could be liable, including the driver, the driver’s company, and potentially those who loaded the truck before its journey.
You should speak to a knowledgeable attorney to determine where to direct your attention in a truck accident case. Our truck accident attorneys at Greenspan & Greenspan P.C. have decades of experience. We handle all aspects of accident victims’ cases and are ready to help you.
Who Can Be Held Responsible After a Truck Accident?
Who is liable in a truck accident depends on the specific facts of each case. However, there is a roster of potential defendants that many accident victims can look to when initiating claims or litigation. Anyone who owed you a duty of care and caused your accident by breaching that duty is obligated to pay for your losses. Read below for actors who might be responsible for compensating you after a trucking collision.
The Truck Driver
In many accidents, pointing fingers at the truck driver is easiest. Truck drivers are liable for accidents when they do not properly operate or maintain their trucks. In addition to basic traffic laws, truck drivers must follow intricate state and federal regulations that help ensure that they are skilled enough, healthy enough, alert enough, and their trucks are in good enough condition to keep others on the road safe.
If you can prove that a truck driver violated any traffic laws or commercial motor vehicle driving regulations during your accident, you may have a strong legal case against them. However, seeking payment from only the at-fault driver could leave you empty-handed after months or years of litigation. An at-fault driver might not have the personal funds or insurance coverage to pay your medical bills and other financial losses. You may want to involve additional at-fault parties in your claim or lawsuit to increase your chances of obtaining the financial recovery you deserve after a trucking accident. Below, we outline who those parties could be.
The Truck Driver’s Employer
Under the basic principles of tort law, an at-fault party’s employer is liable for their negligent actions if they take those actions while working. An accident victim who proves that a truck driver caused their accident while acting within the scope of the driver’s employment can file a complaint or claim against the driver’s employer.
Some employers might try to duck responsibility by claiming the at-fault driver was an independent contractor or that their actions were not committed within the scope of their work. We can gather the evidence and present the legal arguments you need to prove that an employer is responsible for your damages.
The Entity That Loads the Truck
Elements that make trucks uniquely dangerous are truck size and weight. Several rules require commercial transporters to follow strict weight limits and meticulous guidelines for distributing the weight of cargo in a truck.
Many trucking companies hire cargo loaders to get this work done. If one of those companies does not perform its duties correctly, it could be on the hook for paying for your accident-related losses. When determining who is liable in an overloaded truck accident, do not forget to consider any entity that may have loaded the truck before it rolled out into the streets.
Big Shipping Companies and Retailers Like Amazon
Even if the claim is true, asserting that an at-fault truck driver is an independent contractor or not an employee won’t always let a big shipping company off the hook. Take the recent multi-million-dollar verdict against Amazon, for example.
The Amazon case
In the summer of 2024, a Georgia jury awarded $16.2 million to a young boy who was struck and seriously injured by a driver making deliveries for Amazon. Now, the delivery driver who hit the child worked for a company that Amazon contracted with called Fly Fella Logistics. However, the jury found Amazon 85% liable for the accident.
What was the kicker for holding Amazon responsible in this Georgia case? Amazon had significant control over the contracted driver and how they conducted their job. Amazon controlled the delivery protocols for Fly Fella’s drivers and dictated the drivers’ wages.
How the Amazon case might benefit New York plaintiffs
Even though the Amazon case took place in Georgia, it is a unique and groundbreaking landmark decision. When courts grapple with how to do justice in a claim, they sometimes pull from landmark decisions in other states and jurisdictions to inform their rulings. The Amazon case may inspire New York judges to take another look at holding large shippers and retailers liable when smaller shippers they hire to keep their lucrative businesses going harm members of the public.
If the cargo in the back of an at-fault driver’s truck says Amazon, Walmart, Target, etc., you might have a right to seek damages from one of those companies, regardless of whose driver is behind the wheel. Our attorneys have the experience and the skills to make the best arguments against a big retailer that played some part in your collision.
How Do I Determine Who Can Be Held Liable for a Truck Accident?
Figuring out which parties are liable for your trucking accident can be challenging. You might need evidence such as the following to identify the proper defendants in your case:
- Accident reconstruction reports,
- Witness testimony,
- Employment contracts,
- Insurance policy language,
- Employment records,
- Business contracts,
- Video recordings,
- Pictures,
- Complaint records,
- Truck driver logs,
- Medical reports,
- Voice recordings,
- Maintenance reports, and
- Weight station records.
Much of this information is not easy to access without the help of a skilled attorney. But do not worry—we have the legal know-how and tools to obtain all the evidence you need in your case.
Need Help Determining Liability After a Truck Accident? Contact Us Today
Handling the aftermath of any auto accident is hard, but the task can become much easier when you have an experienced attorney leading your case. Greenspan & Greenspan Injury Lawyers began representing clients in 1959 when Leon Greenspan opened his office in White Plains. We tackle every accident-related issue our clients face while they focus on their physical and mental recovery. We do not charge our clients unless we win money for them, so there is no harm in contacting us. You can schedule an initial consultation by calling us or contacting us online.