Content reviewed by:
Alex Shulman
After a crash with a commercial vehicle, the one who pays is usually the driver’s employer, the vehicle’s owner, the trucking company, another liable party, or any of these parties’ insurance carriers.
The reason why there are so many options is that every case is different. As a result, the only way to know with certainty which party is responsible for paying after a crash with a commercial vehicle is by contacting a truck accident lawyer in New York who can determine liability on your behalf.
Why Commercial Vehicle Accident Cases Are Often More Complicated Than Regular Car Accidents
After a collision involving a commercial vehicle, many accident victims expect the claims process to work the same way it would after a typical passenger vehicle crash. In reality, commercial vehicle cases are often far more complicated.
Unlike a standard car accident involving two private drivers, commercial vehicle crashes frequently involve the following parties:
- Businesses
- Employers
- Contractors
- Maintenance companies
- Vehicle owners
- Multiple insurance carriers
Determining who is financially responsible requires a thorough investigation into the circumstances surrounding the crash. These are examples of what the category of commercial vehicles includes:
- Delivery vans
- Box trucks
- Utility vehicles
- Construction vehicles
- Work trucks
- Buses
- Rideshare vehicles operating for business purposes
- Large tractor-trailers
Depending on the facts of the case, liability may extend far beyond the driver. This is one reason why accident victims often benefit from speaking with an attorney as early as possible. Evidence can disappear quickly, vehicle data may be lost, and companies often begin building their defense immediately after an accident occurs.
Who Can Be Held Liable After a Commercial Vehicle Crash?
An important question that victims ask after a commercial vehicle accident is how to identify every party that may share responsibility for the collision. In many cases, the commercial driver may be liable if negligent actions caused the crash. Examples may include:
- Distracted driving
- Speeding
- Fatigue
- Impaired driving
- Failure to obey traffic laws
However, the driver’s employer may also be responsible under New York law. Employers can be responsible for the negligent actions of employees who are acting within the scope of their job duties at the time of the accident. Depending on the circumstances, liability can be extended to these people and parties:
- Company that owns the vehicle
- Trucking or transportation company
- Contractor or subcontractor
- Vehicle maintenance provider
- Cargo loading company
- Vehicle manufacturer
- Government entity responsible for roadway maintenance
Identifying all potentially responsible parties can significantly affect the amount of compensation available in a claim. A thorough investigation may uncover additional insurance policies and sources of recovery that would otherwise be overlooked.
How New York Law Impacts Commercial Vehicle Accident Claims
New York has several laws that can affect how compensation is pursued after a commercial vehicle crash. New York follows a no-fault insurance system for many motor vehicle accidents.
Under this system, victims often turn to their own Personal Injury Protection (PIP) benefits first. This is usually true regardless of who caused the crash. However, serious injuries may allow victims to step outside the no-fault system and pursue a claim directly against the at-fault party.
This opens the door to compensation for losses that aren’t available via basic no-fault coverage. Commercial vehicle cases can also involve federal transportation regulations, industry safety standards, company policies, and employment laws.
What if the Driver’s Employer Is Potentially Responsible?
Many accident victims are surprised to learn that the employer, not just the driver, could share responsibility for a commercial vehicle crash. Under legal principles commonly applied in New York, employers can be liable for negligent actions committed by employees while working.
For example, if a delivery driver causes a crash while making deliveries for their employer, the company may be liable for the damages resulting from that accident. In some situations, the employer’s own negligence may also contribute to the crash.
These are examples of behaviors that can make employers partially responsible in the aftermath of a crash:
- Hiring unqualified drivers
- Failing to conduct background checks
- Ignoring safety violations
- Encouraging unrealistic delivery schedules
- Failing to train employees properly
- Allowing unsafe vehicles to remain in service
When a company places profits ahead of safety, it may share responsibility for the injuries that result.
What Evidence Can Help Prove Liability?
Strong evidence often plays a critical role in proving who should pay in commercial vehicle crash cases. The sooner an investigation begins, the better the chances of preserving important information. These are types of evidence that are common in cases like yours:
- Police reports
- Witness statements
- Vehicle damage photographs
- Traffic camera footage
- Dashcam recordings
- Driver logs
- GPS data
- Vehicle maintenance records
- Black box data
- Employment records
- Drug and alcohol testing results
Commercial vehicle companies often possess records that can reveal whether safety rules were violated before the crash occurred.
Contact Shulman & Hill ASAP to Learn Who Pays After a Crash With a Commercial Vehicle
If you’re wondering who pays after a crash with a commercial vehicle, the attorneys at Shulman & Hill are the ones to call. Founded in 2013, our attorneys have over 200 years of combined experience handling personal injury cases like yours.
In that time, we’ve helped over 26,000 people recover more than $1 billion in compensation. You can trust us to investigate the incident, determine who’s potentially liable in your case, and pursue fair compensation on your behalf.
With locations across New York boroughs, we’re home to a diverse office that reflects the communities we serve. As your attorney, we’ll guide you through every step of the legal process while fighting for the recovery you need. New York, We Got You.