Morelli Law

Your SUPER-powered WP Engine Site

Morelli Law Logo
  • About
    • Scholarships
  • Our Attorneys
  • Results
  • Practice Areas
    • Car Accidents
    • Truck Accidents
    • Wrongful Death
    • Construction Accidents
    • Medical Malpractice
    • Nursing Home Abuse
    • Personal Injury Lawyer
    • Defective Drug
    • Employment Discrimination
    • Commercial Litigation
    • Sexual Harassment Lawyers
    • All Practice Areas
  • RESOURCES
    • FAQ Morelli Law
    • Press Morelli Law
    • Blog Morelli Law
    • Broadcast
  • Testimonials
  • Areas We Serve
    • New York Personal Injury Lawyer
    • Long Island Personal Injury Lawyer
    • Philadelphia Personal Injury Lawyer
    • Albany Personal Injury Lawyer
    • Buffalo Personal Injury Lawyer
    • Hempstead Personal Injury Lawyer
    • Huntington Personal Injury Lawyer
    • Long Beach NY Personal Injury Lawyer
    • White Plains Personal Injury Lawyer
    • View All Areas

877-751-9800

Request Case Evaluation

x
  • Morelli Law Logo
  • Request Case Evaluation
  • About
    • Scholarships
  • Our Attorneys
  • Results
  • Practice Areas
    • Car Accidents
    • Truck Accidents
    • Wrongful Death
    • Construction Accidents
    • Medical Malpractice
    • Nursing Home Abuse
    • Personal Injury Lawyer
    • Defective Drug
    • Employment Discrimination
    • Commercial Litigation
    • Sexual Harassment Lawyers
    • All Practice Areas
  • RESOURCES
    • FAQ Morelli Law
    • Press Morelli Law
    • Blog Morelli Law
    • Broadcast
  • Testimonials
  • Areas We Serve
    • New York Personal Injury Lawyer
    • Long Island Personal Injury Lawyer
    • Philadelphia Personal Injury Lawyer
    • Albany Personal Injury Lawyer
    • Buffalo Personal Injury Lawyer
    • Hempstead Personal Injury Lawyer
    • Huntington Personal Injury Lawyer
    • Long Beach NY Personal Injury Lawyer
    • White Plains Personal Injury Lawyer
    • View All Areas

Can I Sue a Trucking Company for an Accident Caused By Their Driver?

Home » FAQ Morelli Law » Truck Accidents » Can I Sue a Trucking Company for an Accident Caused By Their Driver?

suing trucking company auto accident truck driver fault

You can sue a trucking company for an accident caused by their driver, but you may have to show you have serious injuries, as defined in state statutes. In some accidents, the truck driver will be solely responsible for the crash after making an error while behind the wheel.

Other times, the driver’s employer or the company that owns the truck may have made an error, making either one possibly responsible for an accident. This error could involve repairs or maintenance performed on the truck. In some cases, the company that loaded a trailer’s cargo can be liable for a crash.

Incidents Where the Truck Company May Be Liable

In most cases, the person who caused the car accident is liable for it, and the accident victim usually files an injury claim after the crash occurs. However, when a commercial truck hits your vehicle and injures you, it is possible that other parties not directly involved in the accident may be partially or fully responsible for causing it.

It is possible that the truck driver did everything correctly while operating the truck, but another party made the error.

Company Hires an Illegal Driver

If the truck driver did not hold a valid commercial driver’s license (CDL), but the trucking company hired them anyway, this is a potential sign of negligence on the trucking company’s part.

Poorly Maintained Truck

The truck owner needs to make sure the vehicle undergoes proper maintenance and repairs. Failure to fix known mechanical issues with the truck or an inability to fix them correctly could make the trucking company liable if these errors directly cause the truck’s mechanical failure, resulting in your accident.

Improper Cargo Loading

When the company that loads cargo into the trailer of the truck makes an error, it could overload the trailer, creating an unsafe situation for the driver and other motorists on the road. If the company loads the cargo in an unbalanced manner, the cargo could shift en route, causing the driver to lose control of the vehicle.

Understanding How Personal Injury Lawsuits Against Truckers Work in Each State

Each state has different rules regarding personal injury lawsuits after car or truck accidents. Some states allow claims for pain and suffering in addition to claims for tangible economic losses, such as medical bills and lost wages. Other states place limitations on when a victim can seek a pain and suffering judgment.

New York Truck Injury Cases

New York statutes set up car and truck accidents as a no-fault situation. All drivers in New York must carry personal injury protection (PIP) insurance to cover medical bills and lost wages. To be able to sue for a pain and suffering judgment against a trucking company, you and your truck crash attorney must prove that a serious injury occurred, including:

  • An inability to perform everyday life functions
  • Disfigurement
  • Broken bones or fractures
  • Limited use of a body organ or function
  • Loss of a fetus

After proving you had a serious injury, you then would be eligible to bring a lawsuit against the trucking company or any other responsible driver. In New York, victims have up to three years from the date of the accident to start a personal injury case, according to CPLR § 214.

Pennsylvania Truck Injury Cases

Pennsylvania is a no-fault state regarding car insurance, but it does offer drivers a few other options. Drivers can carry PIP, limited tort, or full tort policies. With a full tort policy, you will pay more in premiums, but you are opting out of the no-fault coverage, allowing you to file a pain and suffering claim.

Even with PIP insurance only, victims of a truck accident in Pennsylvania also can sue the trucking company for pain and suffering if they can show they will have a reduced quality of life because of the accident. In Pennsylvania, victims have two years to meet the statute of limitations for filing a personal injury claim, according to Pa. C.S.A. § 5524.

New Jersey Truck Injury Cases

New Jersey is a no-fault insurance state, but it does allow an exception for accidents with trucks. If a trucker hits you and causes injuries, you have the right to sue any of the liable parties for a pain and suffering judgment.

In New Jersey, the statute of limitations gives victims up to two years to start the process of filing a personal injury claim, according to NJ Rev Stat § 2A:14-2.

Call Morelli Law Firm for a Free Consultation After a Truck Accident

Morelli Law Firm serves clients in New York, Pennsylvania, and New Jersey. We work on a contingency fee basis, which means we do not require payment ahead of time for our services. Our fee comes from a percentage of the final settlement amount in the case.

Call us today at (212) 751-9800for a free review of your case. If we do not win an award for you, you do not pay us anything.

    HOW CAN WE HELP?

    TELL US A LITTLE ABOUT YOUR CASE

    FAQ Categories

    • Brain Injury
    • Bus Accidents
    • Business Litigation
    • Car Accidents
      • DUI Crashes
    • Class Action Lawsuit
    • Commercial Litigation
    • Commercial Motor Vehicle Accidents
    • Construction Accidents
    • Defective Devices
    • Defective Drugs
    • Elder Abuse
    • Employment Discrimination
    • Hit-and-Run Accident
    • Medical Malpractice
    • Motorcycle Accidents
    • Nursing Home Abuse
    • Personal Injury
    • Railroad Accidents
    • Scooter Accidents
    • Sexual Harassments
    • Truck Accidents
    • Wrongful Death

    Find Yourself a Passionate Lawyer Now!

    • Yonkers Personal Injury Lawyer
    • St. Charles Personal Injury Lawyer
    • Passaic Personal Injury Lawyer
    • Philadelphia Personal Injury Lawyer
    • Mount Vernon Personal Injury Lawyer
    • North Bergen Personal Injury Lawyer
    • O’Fallon Personal Injury Lawyer
    • Albany Personal Injury Lawyer
    • Marion Personal Injury Lawyer
    • Jersey City Personal Injury Lawyer

    Request A Case Evaluation

      To Top
      Morelli Law Firm Call For Your Free Consultation

      877-751-9800

      Office Location

      777 3rd Ave 31st Floor,
      New York, NY 10017

      Navigation

      • Home
      • About
      • Attorneys
      • Areas We Serve
      • Practice Areas
      • Results
      • Testimonials
      • FAQs
      • News
      • Blog
      • Videos

      Practice Areas

      • Car Accident Lawyer
      • Truck Accident Lawyer
      • Construction Accident Lawyer
      • Wrongful Death Lawyer
      • Medical Malpractice Lawyer
      • Nursing Home Abuse Lawyer
      • Employment Discrimination Lawyer
      • Commercial Litigation Lawyer
      • Defective Drugs Lawyer
      • Sexual Harassment Lawyer
      • All Practice Areas

      Latest FAQ

      • How to File a Police Report in NYC
      • New York Scooter Laws
      • Average Settlement for a Herniated Disc From a Car Accident

      Latest News

      • Benedict Morelli Interviewed at Trial Lawyers University Conference
      • Brain Injury Association of New York Journey of Hope Gala
      • Jenna C. Awarded TBI Survivor Scholarship
      Terms & Conditions Privacy Policy Site Map
      © 2023 Morelli Law, All rights reserved.