Content reviewed by:
Alex Shulman
After a box truck accident in New York, your own Personal Injury Protection (PIP) coverage pays for your initial medical bills and lost wages, while the at-fault party’s insurance typically pays for property damage, serious injuries, and other losses.
Truck accident cases often involve multiple liable parties and complicated insurance disputes. If you were injured in a crash with a box truck, a New York City truck accident lawyer from Shulman & Hill can help make sure you receive fair compensation.
Who Pays After a Truck Accident in New York?
After a box truck accident in New York, your own PIP insurance is your first source of compensation for medical bills and a portion of your lost wages, regardless of who caused the crash.
In addition, if you suffered serious injuries in the crash, you can step outside of New York’s no-fault system and pursue a liability claim against the party or parties responsible for your accident. A personal injury claim can enable you to recover compensation for pain and suffering, future medical care, and other expenses that PIP insurance doesn’t cover.
Lastly, you can recoup the cost of the damage to your vehicle through the at-fault party’s liability insurance or your own collision coverage. A truck accident attorney from Shulman & Hill can identify who is responsible for your losses and help make sure you get paid.
When Does the Box Truck Driver Pay?
The box truck driver may be financially responsible for your losses if their negligence caused the collision. Examples of negligent behavior include speeding, following too closely, distracted driving, failing to yield, making an unsafe lane change, or driving while fatigued.
The driver’s personal insurance is not necessarily your only source of compensation. If the driver was working for a company when the accident happened, their employer may also be held liable for the accident.
When Does the Trucking Company Pay?
A trucking or delivery company may be responsible when one of its employees causes an accident while performing work-related duties. A company may also have its own independent liability if its negligence contributed to the collision.
You may be able to pursue a claim against a trucking company if you can prove they are guilty of:
- Negligent hiring: The company may be responsible if it hired a driver despite information showing that the person was not qualified to operate the vehicle.
- Negligent supervision: The company may face liability if it failed to properly supervise a driver whose conduct created an unreasonable risk.
- Poor maintenance: The company may be responsible if inadequate maintenance contributed to brake, tire, steering, lighting, or other mechanical problems.
- Unsafe scheduling: A company may be held liable when unreasonable scheduling practices contribute to driver fatigue and a resulting crash.
- Cargo loading errors: The company may be responsible if cargo was loaded or secured improperly and contributed to the accident.
Can the Truck’s Owner Be Held Responsible?
Yes, the owner of a box truck can be held liable for an accident, even if they weren’t driving the truck at the time of the crash. According to Section 388 of New York Vehicle and Traffic Law, anyone who owns a vehicle is liable for injuries or property damage caused by a permissive driver operating the vehicle.
For example, a truck’s owner could face liability if the vehicle had a dangerous mechanical defect that should have been repaired before the truck was placed on the road. They may also be held liable if they handed the keys to someone they knew or should have known was reckless, unlicensed, or unfit to drive.
A personal injury lawyer from Shulman & Hill can help determine whether the truck’s owner shares responsibility for your accident.
What If Another Vehicle Caused the Accident?
Not every box truck accident is the truck driver’s fault. Another motorist may be responsible if they caused the collision by speeding, running a red light, driving while distracted, or otherwise violating traffic laws.
If your crash involved multiple vehicles, more than one driver may share responsibility. Under New York’s modified comparative negligence system, responsibility for paying your damages may be divided among multiple parties.
A personal injury attorney from Shulman & Hill can help make sure every party who shares fault for your accident is held accountable.
How Do You Prove Negligence?
To prove negligence after a crash with a commercial vehicle in New York, you generally need to establish that the person or company responsible owed you a duty of care, breached that duty, and caused your injuries and resulting losses.
A car accident lawyer from Shulman & Hill can help collect various types of evidence to prove negligence, including:
- Police reports
- Photos and videos of the accident scene and vehicle damage
- Witness statements
- Truck driver logs
- Truck maintenance records
- Black box data
- Medical records
- Expert testimony
How Long Do You Have to File a Truck Accident Lawsuit in New York?
In New York, you generally have three years from the date of a truck accident to file a personal injury lawsuit. If the crash results in a fatality, a wrongful death lawsuit must be filed within two years of the date of the victim’s death.
Different deadlines can apply in certain circumstances. For example, claims involving a municipal entity can have substantially shorter notice requirements. A car accident attorney from Shulman & Hill can evaluate your case and explain how long you have to pursue a lawsuit.
Talk to a Truck Accident Lawyer in New York
The truck accident claims process can be overwhelming, especially if you are dealing with serious injuries. A truck accident attorney from Shulman & Hill can analyze your case, determine who is responsible for your damages, and help you obtain the compensation you are owed.
Book a free case review to find out how you can get paid for your accident.