Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Who 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.
Do federal FMCSA regulations affect my truck crash lawsuit in NY?
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.
What is the deadline to sue for a truck crash in New York?
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.
Why is the truck’s black box important to my case?
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.