Can I Sue After a Truck Crash in New York?

You can sue the truck driver for negligence, the trucking company under the doctrine of respondeat superior (which makes employers liable for their employees’ actions on the job), cargo loaders if improper loading caused the crash, and truck manufacturers if a defect contributed. New York’s Vehicle and Traffic Law § 388 also makes vehicle owners liable for injuries caused by anyone they permit to drive the vehicle.

Yes. Trucking companies operating in interstate commerce must comply with Federal Motor Carrier Safety Administration (FMCSA) regulations governing hours of service, vehicle maintenance, driver qualification, and drug testing. Violations of these federal rules can be used as evidence of negligence per se in a New York civil lawsuit, strengthening your claim.

New York’s statute of limitations for personal injury is generally three years from the date of the crash under CPLR § 214. However, if a government vehicle or entity is involved, you may need to file a Notice of Claim within 90 days. Missing these deadlines typically bars your claim entirely, so you should consult an attorney promptly.

Commercial trucks are required to carry Electronic Logging Devices (ELDs) and many have Event Data Recorders (“black boxes”) that capture speed, braking, throttle position, and hours of service in the moments before a crash. This data can prove driver fatigue, speeding, or other FMCSA violations. Because trucking companies can legally overwrite this data, sending a litigation hold letter immediately after a crash is critical to preserving it as evidence.

Yes. New York follows pure comparative negligence, so you can recover even if you were partly — or even mostly — responsible for the crash. Your compensation is simply reduced by your percentage of fault: if you're found 30% to blame, you still collect 70% of your damages. Unlike states with a 50% cutoff, New York never bars your claim just because your share of fault is high, so being partially at fault is rarely a reason not to pursue a case.

Because New York is a no-fault state, to sue the truck driver or company for pain and suffering your injuries generally must meet the "serious injury" threshold defined in Insurance Law § 5102(d). That includes a bone fracture, significant disfigurement, a permanent or significant limitation of use of a body part or system, or a medically determined injury that keeps you from your usual activities for at least 90 of the first 180 days after the crash. Truck collisions frequently cause injuries well beyond this bar, but it is the legal gate that determines whether you can bring the claim.

Yes, but a fatal crash is pursued as a wrongful death claim, which under New York law can only be filed by the personal representative of the deceased person's estate — not by individual relatives on their own. It must be brought within two years of the death, a shorter window than the three-year deadline for injury claims, and any recovery is distributed among the surviving family members. A separate "survival" claim can also be brought for the conscious pain and suffering the victim endured before passing.