Who is responsible for a truck accident in New York?

Determining responsibility in an accident with a truck or tractor trailer in New York depends on the facts and circumstances surrounding the collision.

Here are some of the possible responsible parties:

 The Truck Driver

The truck driver can be held liable if their negligence caused the accident. Examples of negligence include:

• Distracted driving (e.g., texting)
• Failing to yield the right of way
• Following to closely
• Fatigue (violating hours-of-service regulations)
• Speeding or reckless driving
• Driving under the influence of alcohol or drugs
• Failing to inspect or maintain the truck properly before driving

The Trucking Company

The trucking company may also be responsible under these conditions:

• Employer Liability: If the driver was acting within the scope of employment at the time of the accident.
• Negligent Hiring or Training: Failure to properly screen, train, or supervise drivers.
• Forcing Violations: Pressuring drivers to exceed legal driving hours or carry unsafe loads.
• Improper Maintenance: Failing to maintain or repair trucks, leading to mechanical failures.

The Truck Owner

Sometimes, the truck is owned by a third party and leased to the driver or company. In New York, the owner of the truck may be held responsible for the negligence of the truck driver.

Cargo Loaders and Shippers

If the accident occurred due to improperly loaded or secured cargo, the company or individuals responsible for loading the truck may share liability.  Liability is often found in:

• Overloaded trucks
• Uneven weight distribution
• Falling or shifting cargo

Vehicle and Parts Manufacturers

If a mechanical failure caused an accident including brake failure, tire blowout, or steering issues, the manufacturer of the truck or defective parts could be liable under product liability laws.

Maintenance Contractors

Some trucking companies use outside companies for maintenance or other services. If the accident resulted from poor repairs or negligence by a contractor, they might also be held responsible.

Other Drivers

If the accident was caused by another driver on the road (e.g., cutting off the truck), that driver could be held responsible.

Government Entities

If poor road design, maintenance, or signage contributed to the accident, then the government entity responsible for design, maintenance or repairs can be held responsible.

How is Responsibility Determined?

Responsibility in a truck accident is determined through:

• Accident Reports: Police accident reports, measurements, and photographs of the accident scene and vehicles.
• Driver Logs: Hours-of-service compliance records.
• Black Box Data: Electronic control module (ECM) data showing speed, braking, etc.
• Vehicle History: Records showing maintenance and repair history.
• Witness Statements: Information obtained from eyewitnesses.
• Expert Accident Reconstruction: Opinions of trained experts on how the accident happened.

To prove liability in a truck accident, it’s important to obtain the help of an experienced truck accident attorney who will conduct a thorough investigation, determine the responsible parties, and establish their fault.

Shana De Caro and Michael Kaplen have been advocating for the rights of truck accident victims for over four decades. Our history of winning multimillion-dollar settlements and verdicts means that - when you hire De Caro & Kaplen, LLP to represent you in a truck accident case, you get an experienced and skilled attorney who is committed to getting you the most favorable outcome for your case.

Our partners are certified as Advocates by the Academy of Truck Accident Attorneys and members of the Interstate Trucking Accident Section of the American Association for Justice.