Reviewed by Laurence P. Banville, Esq.Frequently asked questions
Can I sue a trucking company after a crash in the Bronx?
Yes. Under New York law, trucking companies are vicariously liable for the negligent acts of their employed drivers under the doctrine of respondeat superior. You may also have direct claims against the company for negligent hiring, training, or maintenance. Because commercial trucking is also governed by federal FMCSA regulations, violations of those standards — such as hours-of-service limits or required vehicle inspections — can serve as additional evidence of negligence.
What role do FMCSA regulations play in a Bronx truck crash lawsuit?
Federal Motor Carrier Safety Administration (FMCSA) regulations set minimum safety standards for commercial trucks operating in New York, including driver qualification requirements, hours-of-service rules, and mandatory vehicle maintenance schedules. When a trucking company or driver violates these regulations, that violation can be used as evidence of negligence per se in a NY civil lawsuit, strengthening your claim for damages.
Why is the truck’s black box critical evidence in my case?
Commercial trucks are equipped with an Event Data Recorder (EDR) — commonly called a black box — that records speed, braking, engine data, and other metrics in the moments before a crash. This data is essential for proving negligence and reconstructing the accident, but trucking companies are not required to preserve it indefinitely and it can be overwritten quickly. A Bronx truck crash attorney can send a spoliation letter immediately to compel the company to preserve this evidence.
How long do I have to file a truck crash lawsuit in New York?
New York’s statute of limitations for personal injury claims, including truck crash cases, is generally three years from the date of the accident under CPLR § 214. However, if a government entity or municipal vehicle is involved, you may have as little as 90 days to file a Notice of Claim. Acting quickly also protects critical evidence like black box data, driver logs, and surveillance footage that can disappear over time.