Who Can I Sue If I’ve Been Injured by a Commercial Vehicle in NYC?

With the busy streets filled with delivery trucks, buses, taxis, and rideshare vehicles, the risk of being involved in a commercial vehicle accident in New York City is high. If you’ve been hurt in such an accident, you might be wondering who can be held responsible for your injuries. The good news is that there are legal options available to you, depending on the circumstances of your accident. 

What Can Be Considered a Commercial Vehicle? 

Commercial vehicles are everywhere, but they aren’t always clearly marked. Some examples of commercial vehicles you might encounter include: 

• Delivery Trucks and Vans: companies like FedEx, UPS, and Amazon operate numerous delivery trucks throughout the city. There are also many smaller parcel delivery companies in operation. 
• Taxis and Rideshare Vehicles: even rideshare services like Uber and Lyft, which operate out of personal vehicles, can be considered commercial vehicles because they are operating in an official capacity on behalf of a company. 
• Buses: public transportation, private shuttles, and tour buses all have specific laws that they must follow. 
• Construction and Utility Vehicles: dump trucks, cement mixers, and other construction vehicles can be particularly dangerous on tight streets and spaces. 

Each of these vehicles may involve different legal considerations if they are involved in an accident. 

The Impact of Vicarious Liability on Commercial Vehicle Accidents

Under vicarious liability, an employer can be held responsible for the actions of its employees if those actions occur within the scope of their job duties. In terms of commercial vehicle accidents, the following may apply: 

• If a delivery truck driver causes an accident while making deliveries for their employer, the company could be held liable. 
• If the driver was using the vehicle for personal errands during their shift, the company may not be held responsible. 

In essence, vicarious liability allows injured victims to seek compensation not only from the driver but also from the company they work for, which often has greater financial resources. 

Who Can Be Held Liable for Injuries? 

When you’re injured in a commercial vehicle accident, several parties could potentially be held responsible: 

• The Commercial Driver: if the driver was negligent—such as speeding, driving distracted, or being under the influence—you may be able to sue them directly. 
• The Driver’s Employer: companies that employ commercial drivers, such as delivery services or rideshare companies, can be held liable under the principle of vicarious liability if the driver was on duty at the time of the accident. 
• The Vehicle Owner: in some cases, the commercial vehicle may be leased or rented. If the owner of the vehicle failed to maintain it properly and that negligence led to the accident, they could be held liable. 
• Third Parties: if the accident was caused by factors such as poor road conditions, defective vehicle parts, or another driver, you may also have grounds to pursue claims against these third parties. 

Common Causes of Commercial Vehicle Accidents 

Commercial vehicle accidents can result from various factors, many of which are preventable.  

Driver Fatigue 

Commercial drivers, especially truck drivers, are often on the road for long hours with tight delivery schedules. Despite federal regulations that limit hours of service, fatigue remains a significant issue. Fatigued drivers have slower reaction times and impaired judgment, which can lead to catastrophic accidents. 

Distracted Driving 

In the age of smartphones, distracted driving is an ever-present risk. Commercial drivers may also be distracted by dispatch communications, GPS systems, or even eating and drinking while driving. Any lapse in attention can result in a severe accident, particularly with large vehicles that require longer stopping distances. 

Improper Vehicle Maintenance 

Commercial vehicles endure a lot of wear and tear. Failing to properly maintain these vehicles can result in brake failures, tire blowouts, or engine malfunctions. If a commercial vehicle is not adequately inspected and maintained, the owner or company could be held liable for any resulting accidents. 

Speeding and Reckless Driving 

Due to tight deadlines, commercial drivers may feel pressured to speed or drive recklessly to meet their schedules. Speeding in a large vehicle increases the stopping distance and the potential for severe damage in the event of a collision. Reckless driving can include behaviors like tailgating, improper lane changes, and running red lights. 

Overloaded or Improperly Loaded Cargo 

Commercial trucks often carry heavy loads. If cargo is not properly secured or the truck is overloaded, it can cause the vehicle to become unbalanced, increasing the risk of rollovers or making it difficult to control. Improperly loaded cargo can also shift during transport, leading to accidents. 

Inadequate Training or Inexperience 

Operating a commercial vehicle requires specialized skills and knowledge. Unfortunately, not all commercial drivers receive adequate training. Inexperienced or inadequately trained drivers may not know how to handle their vehicles in challenging situations, increasing the likelihood of accidents. 

Establishing Negligence 

To hold any party liable, you’ll need to prove negligence. This generally involves demonstrating: 

• Duty of Care: the defendant owed you a duty of care to act responsibly. For example, a commercial driver has a duty to follow traffic laws and operate their vehicle safely. 
• Breach of Duty: the defendant failed to meet their duty of care. This could involve speeding, distracted driving, or failing to maintain the vehicle properly. 
• Causation: you must prove that the breach of duty directly caused your injuries. This often requires gathering evidence such as accident reports, surveillance footage, and eyewitness testimony. 
• Damages: finally, you must show that you suffered damages as a result of the accident, which could include medical expenses, lost wages, and pain and suffering. 

What Should You Do Next? 

If you or a loved one has been injured in a commercial vehicle accident in NYC, act quickly by consulting a car accident lawyer. At Morelli Law, we have extensive experience handling commercial vehicle accident cases, and we’ve won billions for our clients. If you’ve been injured due to the negligence of a commercial driver or company, we can help you seek the justice and compensation you deserve. Contact us today for a free case evaluation.