Home | Accidents | Truck Accidents | Who’s Liable for a Truck Accident?

Who’s Liable for a Truck Accident?

Jan 24, 2023 | Truck Accidents

Truck accidents can result in catastrophic injuries that require extensive medical treatment and time lost from work. In severe cases, they can even result in fatality. Determining who’s liable for a truck accident is necessary to obtain the compensation you deserve for your injuries — but it can also be complex. Unlike crashes that only involve passenger vehicles, there are often several parties in truck accidents that may bear responsibility. 

Potentially Responsible Parties in Trucking Accidents

In order to hold someone else liable for your truck accident injuries, you must be able to prove that they were “negligent.” To establish negligence, a plaintiff must show that another party owed them a legal duty which they breached, causing them to suffer damages. 

A responsible party may also be held liable under the theory of “negligence per se” if they violated the Vehicle and Traffic Law or failed to follow trucking regulations. In cases in which this doctrine is applicable, a plaintiff isn’t required to prove that a truck driver was careless in any other way than by violating the law.  

There can be one or more parties who could be held accountable for a truck accident. Potentially liable parties may include:   

  • The truck driver — A truck driver may be held responsible for their own carelessness, recklessness, and driving errors. 
  • The trucking company — Trucking companies may be liable for failure to adequately train their drivers or maintain safe equipment. 
  • A cargo company — Cargo and loading companies can be accountable if their failure to load a truck properly caused weight or balance issues that caused the accident.
  • A municipality — A municipality could be liable if a defective condition in the road caused the accident that they had knowledge of and failed to remedy.  
  • Other drivers on the road — If the actions of a driver in a passenger vehicle were to blame for the truck collision, they may be named in the lawsuit.  

It’s crucial to conduct a thorough investigation of the crash to ensure those responsible for the accident are held accountable for their negligence. A good personal injury lawyer will have the resources and knowledge necessary to identify the liable parties — and will fight for the monetary recovery to which you’re entitled. 

Recoverable Damages for Truck Accident Injuries

If you were injured in a truck accident, you might be eligible to recover your economic and non-economic damages by filing a personal injury action. Economic damages can include reimbursement for your medical expenses, out-of-pocket medical costs, physical rehabilitation, and surgeries. You might also be awarded monetary compensation for your past and future lost income — as well as the costs associated with replacement services for household chores or child care.

In addition, New York also allows plaintiffs in a personal injury action to recover compensation for the pain and suffering they experienced due to their accident-related injuries. Also referred to as “non-economic damages,” pain and suffering typically comprises the largest part of a personal injury award. However, in order to ensure you secure the maximum compensation available for your truck accident, it’s vital to have a skilled lawyer by your side who knows how to negotiate and litigate complex personal injury cases.      

Contact an Experienced New York Personal Injury Lawyer

If you were injured or lost a loved one in a truck accident, it’s essential to consult with a personal injury lawyer as soon as possible who can protect your legal rights and strive to obtain maximum monetary recovery. Due to our dedication to clients and commitment to every case, we regularly secure verdicts and settlements in the millions for those who have been injured because of another’s negligence.

The Edelsteins, Faegenburg & Brown LLP is a personal injury law firm dedicated to fighting for the rights of accident victims to ensure they get the monetary recovery they deserve for their injuries. Located in Manhattan, our firm has been handling personal injury cases throughout New York City since 1937. Call to schedule a free consultation at (212) 425-1999 today.




  • This field is for validation purposes and should be left unchanged.


Here’s the hard truth: lawsuits are a huge time investment and can be difficult and since we don’t get paid unless you win, we only take cases we believe in and know we can win so we don’t waste your time, or ours. Then we give it everything we’ve got.