Suing a Commercial Truck Company for an Accident in New York
Who you can sue, who pays, what changed in 2026, and the deadlines that matter. In plain English.
Published · Reviewed for accuracy · 6 min read
A truck swung wide on Atlantic Avenue, ran a light on Linden Boulevard, or turned into you on Church Avenue. You’re hurt, and you want to know: can you sue the trucking company, not just the driver?
Yes. In New York, you can usually sue the trucking company as well as the driver. A company answers for its drivers while they’re working, and a truck’s owner answers for anyone driving it with permission. You can also sue the company for its own mistakes, like bad brakes or pushing drivers past their legal hours.
But New York changed the rules in 2026. If a jury finds you more at fault than the truck side, you now get nothing from the lawsuit. So proof, and how fast you act, matter more than ever.
Can you sue the trucking company or only the driver?
You can almost always go after the company, and it’s usually the one with the real insurance. There are three ways to reach it:
- The company answers for its driver. If the driver was careless while working, it’s the company’s crash too.
- The owner answers for its truck. Under Vehicle and Traffic Law § 388, a vehicle’s owner is responsible when someone drives it with permission. (A professional leasing company is usually protected by a federal law, the Graves Amendment, unless it was careless itself.)
- The company made its own mistakes. It hired a driver with a bad record, skipped brake and tire repairs, overloaded the truck, or set schedules that forced drivers to rush.
Sometimes others share the blame too: the truck’s owner if it’s a separate company, the business that loaded the cargo, a repair shop, or the City for a sanitation truck. If the truck said Amazon, UPS or FedEx, read our delivery van playbook, because those companies often use separate contractors.
What changed in 2026?
New rules took effect on May 26, 2026, as summarized by the state in DFS Insurance Circular Letter No. 3 (2026):
- More than half to blame = nothing. If you’re found more at fault than the people you sue, combined, you can’t recover in the lawsuit (CPLR 1411).
- The “90/180-day” injury rule is gone. To sue for pain and suffering, you now need an injury like a fracture or a permanent or significant limitation, backed by objective medical proof (Insurance Law § 5102(d)).
- Fault comes first. The jury decides who’s to blame before it looks at your injuries.
The new rules apply to lawsuits filed on or after May 26, 2026, even if the crash happened earlier. Your no-fault benefits didn’t change.
How much insurance does a truck carry?
Trucks hauling goods for hire across state lines must carry at least $750,000 in liability coverage, and up to $5 million for some hazardous loads, according to the FMCSA. A regular New York car only needs $25,000 per person. Local trucks may carry less, so every policy should be checked.
Type the truck’s USDOT number into the free SAFER Company Snapshot to see the company’s legal name, crash history and insurance filing.
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Which trucking rules help prove fault?
Trucks must follow federal safety rules on top of traffic laws. A broken rule is strong evidence:
- Hours limits: no more than 11 hours of driving after 10 hours off (FMCSA).
- Electronic logs: only have to be kept six months (49 C.F.R. § 395.8). See the six-month rule that erases evidence.
- Drug and alcohol tests: required after many serious crashes (49 C.F.R. § 382.303).
- Inspections and driver files: the company must keep repair records and a file on every driver.
Where do trucks hit people in Brooklyn?
Trucks must stay on official truck routes unless delivering nearby, under NYC DOT rules. A truck cutting down a side street for no reason can help prove your case. New routes took effect October 4, 2026 in the City’s truck route redesign.
| Neighborhood | Truck routes to know |
|---|---|
| Crown Heights | Atlantic Ave; Empire Blvd (Flatbush to Utica); Remsen Ave |
| Flatbush | Church Ave; Caton Ave; Avenue D; Linden Blvd |
| Bed-Stuy | Atlantic Ave. New: Marcus Garvey Blvd and Lewis Ave (Broadway to Myrtle) |
| Brownsville | Linden Blvd. New: Pitkin Ave, Saratoga Ave, Rockaway Pkwy |
| East New York | Atlantic Ave; Linden Blvd; Conduit Blvd. New: Alabama Ave, Van Sinderen Ave, Flatlands Ave |
| Midwood | New: Avenue P and East 16th St near Kings Highway |
Sources: Streetsblog NYC analysis of city crash data (2023); NHTSA Traffic Safety Facts: Large Trucks, 2024 data.
The most common crashes: wide right turns, blind spots, trucks backing up, double-parked trucks, and rear-end crashes on the BQE. See common types of truck accidents.
What should you do after a truck crash?
- Get medical care today, and tell the doctor every symptom.
- Photograph the truck’s USDOT number, company name and plate, not just the damage.
- Get the police report. In NYC it’s an MV-104AN; request it from the NYPD. If anyone was hurt, also file a DMV form MV-104 within 10 days.
- Apply for no-fault within 30 days. If you were walking or biking, it usually comes from the truck’s insurance.
- Don’t give a recorded statement to the trucking company’s insurer. Here’s why it can hurt you.
- Call a lawyer early, so a letter goes out ordering the company to save its video, logs and truck data.
What can you get money for?
Medical bills beyond no-fault, lost wages, future care, and pain and suffering if your injury meets New York’s “serious injury” rule. Truck crashes often cause the injuries that qualify: fractures, spinal injuries, herniated discs and brain injuries. More in what damages you can collect.
If a truck killed someone you love, the family generally has two years to sue (EPTL § 5-4.1). See our wrongful death page.
What are the deadlines?
Apply for no-fault benefits.
Wrongful death lawsuit.
Most injury lawsuits (CPLR 214).
An Kreyòl
Wi, souvan ou ka fè pwosè kont konpayi kamyon an, pa sèlman chofè a. Pran foto nimewo USDOT ki sou kamyon an. Ou gen 30 jou pou mande asirans no-fault. Konsiltasyon an gratis. Rele 1-800-946-4616 · Avoka ki pale Kreyòl
En español
Sí, muchas veces puede demandar a la compañía de camiones, no solo al chofer. Tome una foto del número USDOT del camión. Tiene 30 días para pedir no-fault. La consulta es gratis. Llame al 1-800-946-4616.
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Common questions
Can I sue a trucking company for an accident in New York?
Yes. In most cases you can sue both the driver and the trucking company. The company answers for a driver who was working, the owner answers for anyone driving its truck with permission, and the company can be sued for its own mistakes like poor maintenance, bad hiring or unsafe schedules.
Did New York’s 2026 law change affect truck accident cases?
Yes. For lawsuits filed on or after May 26, 2026, you can’t recover anything if you’re found more at fault than the people you sue, combined. The 90/180-day category of “serious injury” was also removed, and juries now decide fault before deciding whether the injury is serious. No-fault benefits did not change.
How long do I have to sue a trucking company in New York?
Generally three years from the crash for an injury lawsuit and two years from the death for a wrongful death lawsuit. If a City or other public-agency vehicle was involved, you must file a notice of claim within 90 days. Apply for no-fault benefits within 30 days.
How much insurance does a commercial truck have?
Trucks hauling goods for hire across state lines must carry at least $750,000 in liability coverage under federal rules, and up to $5 million for some hazardous materials. Many companies carry more. A local truck that stays in New York may carry less, so every policy should be checked.
Who pays my medical bills after a truck hits me?
New York no-fault insurance pays medical bills and part of lost wages up to $50,000, no matter who caused the crash. If you were in your own car, it usually comes from your policy. If you were walking or biking, it usually comes from the truck’s policy. Apply within 30 days.
What if the truck was an Amazon, UPS or FedEx truck?
Many delivery companies use separate contractor companies to run their trucks. You may need to name the contractor, the truck’s owner and the parent company. Finding the right companies early, before evidence is erased, is key.
What evidence do I need against a trucking company?
Photos of the truck’s USDOT number and company name, the police report, medical records, witness names, and nearby camera video. A lawyer can also demand the truck’s electronic logs, black-box data, maintenance records, the driver’s file and drug test results, but some of these only have to be kept for months.
How much does it cost to hire a truck accident lawyer?
Nothing up front. Koenig Pierre handles truck accident cases on contingency: the consultation is free and there is no legal fee unless money is recovered for you. Clients may be responsible for court costs and case expenses; ask about this at your consultation.
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Attorney Advertising. This article is general information about New York law, not legal advice for your situation, and reading it or sending a form does not create an attorney-client relationship. Deadlines, insurance coverage and liability depend on the facts of your case, and laws change. Talk to a lawyer about your specific situation.
Prior results do not guarantee a similar outcome. “No fee unless we recover” refers to legal fees; clients may be responsible for court costs and case expenses. Koenig Pierre, Esq., 2653 Coney Island Avenue, Brooklyn, NY 11223. 1-800-946-4616.