A collision with a commercial truck can leave you coping with serious injuries and medical expenses. As you recover from your injuries, understanding who you hold reasonable can allow you to make informed decisions about your next steps.
When the trucking company may be responsible
An employer may be responsible when an employee causes harm while performing job duties. This rule, called respondeat superior, applies if the truck driver was making deliveries, hauling cargo or completing another task for the company.
The company may also share responsibility because of its own actions. Problems with driver training, driving-hour limits or vehicle maintenance could have contributed to the crash. If the company owned the truck, New York law may also hold it responsible if the driver had permission to use it.
How insurance may affect your claim
Truck crash injuries can lead to medical treatment, missed work and long-term care needs. The insurance available through the driver alone may not be enough to cover these losses.
Trucking companies often carry more liability insurance than individual drivers. Federal rules also set minimum coverage amounts based on the vehicle and the type of cargo it carries.
A claim may involve several parties, such as the driver, trucking company, truck owner or maintenance provider. Each responsible party may have separate insurance that applies to the crash.
Records that may support your claim
Records help show whether the driver was working at the time and whether the company’s actions contributed to the collision. Useful evidence includes driver logs, dispatch records, maintenance files and company safety policies.
Federal rules require trucking companies to keep certain records for set periods. These documents might reveal whether long driving hours, maintenance problems or another safety issue played a role.
New York generally gives you three years from the crash date to file a personal injury lawsuit. However, some evidence might become harder to find before that deadline. An attorney can review the records, identify the parties who share responsibility and explain which insurance policies apply.