Content reviewed by:
Alex Shulman
Besides the truck driver, liable parties for a truck accident can include the trucking company, truck manufacturers, cargo loading teams, and maintenance crews. Any party that contributed to the accident can potentially be responsible for a truck crash.
If multiple parties are liable, then you could potentially file a lawsuit against each one individually to recover financial damages. You can discuss your options more with an NYC truck accident lawyer.
Trucking Companies
Trucking companies are the primary party, aside from the driver, who can be liable for a truck accident. Trucking companies can be responsible when they engage in negligent business practices that increase the risk of accidents.
A common example is hiring negligence. Say a trucking company hires a driver who has a history of DUI convictions on their driving record. If the truck driver went on to cause a drunk driving accident, the larger company could be liable. The company has an obligation to ensure its drivers’ qualifications and can be legally responsible if they don’t.
Similarly, trucking companies can be liable if they don’t follow federal regulations regarding their activities. Trucking companies must keep detailed records of all their operations, including maintenance requests and inspections.
Maintenance Providers
Trucks are composed of thousands of parts that need proper maintenance and servicing to work. Brakes, tires, engines, lights, and steering systems need regular inspections to ensure they are in good operating condition.
Maintenance crews can be liable if they fail to properly maintain vehicles or make errors that cause damage. For instance, the maintenance crew and the company could be responsible if they forgot to service truck tires during a routine inspection. Maintenance crews can also be liable if they overlook defects that can cause accidents.
Cargo Loading Crews
The average truck carries tens of thousands of pounds of cargo that must be loaded properly. If cargo is unsecured or unbalanced, it can cause the driver to lose control or cause cargo to fall off the truck and strike vehicles.
Many trucking companies outsource loading and unloading to third parties. These contractors can be responsible if they load cargo incorrectly or unload it unsafely. Cargo loaders may also be responsible if they fail to properly contain hazardous materials.
Local Governments
Governments are generally responsible for the design, construction, and maintenance of public roads. When roads are dangerously designed or have defects in their construction, the local government can be liable if accidents happen.
For instance, say the government designs a road and doesn’t place appropriate signage to direct drivers. That municipality could be liable if truck drivers get confused and cause an accident. Similarly, local governments could be liable if they fail to fix damaged sections of the road that they knew about.
Third Parties
Besides the truck driver, liability can fall on any third party whose negligence contributed to the accident. For example, construction crews that unsafely divert traffic or other groups that create road obstructions could be liable.
As another example, negligent motorists might be responsible. If a speeding driver cuts off a truck and causes it to swerve into traffic, that driver could be responsible as the root cause of the accident.
Why Identifying All Liable Parties Is Important
It is important to identify all liable parties because it directly affects the amount of compensation you can receive. Truck accidents cause extreme injuries that require expensive medical treatment and prevent you from working. In the case of one liable party, their insurance limits might not be high enough to fully cover your losses.
By filing against multiple parties, you can recover a greater range of compensation for your medical bills, lost work income, and other losses. A lawyer can thoroughly investigate your case from every angle to identify all liable parties and maximize your financial compensation.
What If I’m Partially Liable in Addition to the Truck Driver?
In some cases, the injury victim can be partially liable for a truck accident as well. For example, if you were texting and driving but a truck ran a stop sign before crashing into you, there may be a judgment of shared liability.
Fortunately, New York’s comparative negligence law, found under NY CVP § 1411, still allows you to sue for compensation if you share partial fault. The catch is that any compensation you receive is reduced by the percentage of fault you share. So if you were 30% at fault, any award you receive would be reduced by 30%.
The structure of this system is favorable to victims, but large judgments of fault can eat away at your settlement. A lawyer can work to minimize claims of shared fault and help you hold onto the largest portion of your money possible.
Contact a New York Truck Accident Lawyer Today
Any liable parties besides the truck driver can be responsible for your injuries after a truck accident. But you need a competent personal injury lawyer to identify all parties and hold them accountable for the harm they’ve caused.
Do you have more questions about liability for truck accidents? Fill out our contact form below to speak to a New York City truck accident lawyer today about your case.