Can I Sue Both the Trucking Company and the Driver After an Accident?

Yes, you can sue both the trucking company and the driver after an accident as long as you can prove that they share responsibility for the incident. As you already know, getting hit by a truck is a dangerous experience, not just another fender-bender.

Trucks in New York are massive machines that can weigh anywhere from 20 to 30 times more than a passenger car. When they collide with smaller vehicles, the damage is rarely minor. In fact, victims usually walk away with life-altering injuries and staggering medical bills.

You likely have countless questions about accountability as well, and that’s why it’s important to contact a Bronx personal injury lawyer as soon as possible. Your attorney can help you understand where responsibility lies and which legal options are available to you.

Why Truck Accidents are Almost Never Simple

Truck accidents don’t unfold the way a typical car accident does. A rear-end crash between two cars may be straightforward: one driver looked at their phone and failed to brake in time. As a result, their insurance will pay out. But truck crashes usually involve more moving pieces.

The truck driver might have been exhausted from working long hours. The trucking company could have failed to maintain the brakes. The trailer may have been overloaded by a third-party shipping contractor. In some cases, multiple layers of negligence stack on top of each other.

For victims, this means there isn’t always a single person to hold accountable. Trucking crashes often lead to what lawyers call multi-defendant litigation, which is when more than one party is responsible for paying damages.

When the Driver is Personally Responsible

Truck drivers have a tough job, but they’re not immune to liability. When a crash happens because of the driver’s own negligence, they can be held personally responsible, especially if they engaged in any of these behaviors:

• Driving while intoxicated or under the influence of drugs
• Ignoring traffic signals or speeding above posted limits
• Texting or being otherwise distracted at the wheel
• Falling asleep due to ignoring federally mandated rest breaks

In these cases, the driver themselves is directly liable because they failed to uphold their duty to operate the vehicle safely. For victims, this means the driver is one obvious defendant in a lawsuit.

But here’s where it gets more confusing: drivers usually don’t operate in a vacuum. They work for companies. And under New York law, when employees cause harm while doing their jobs, their employers often share the blame.

When the Company’s Own Negligence Comes Into Play

Beyond being held liable for their employees’ actions, trucking companies can also be sued for their own direct negligence. This happens when the company itself violates safety standards or makes choices that put the public at risk:

• Hiring unqualified drivers without proper licensing or training
• Forcing or encouraging drivers to exceed hours-of-service rules
• Failing to inspect and maintain trucks properly
• Ignoring safety recalls or knowingly putting unsafe vehicles on the road
• Encouraging overloaded or improperly balanced cargo

When victims uncover evidence of these practices, it strengthens the case against the company directly. In these situations, you’re not just suing them because they employed a reckless driver. You’re suing them because their policies, shortcuts, or neglect made the crash inevitable.

Multiple Parties, Multiple Lawsuits

Truck accident cases often look less like a straight line and more like a web. Depending on the details, victims might end up with valid claims against any of these parties, if not all of them:

• The truck driver
• The trucking company
• A third-party maintenance company
• The manufacturer of a defective part, like failed brakes or tires
• A loading company that improperly secured cargo

Each party may carry separate insurance policies and separate legal teams. While this sounds daunting, the upside is that more defendants mean more potential sources of compensation. When medical bills stretch into six or seven figures, this matters.

The Types of Damages Victims Can Pursue

When suing both the driver and trucking company, victims in New York can pursue several categories of damages:

• Medical expenses for hospital stays, surgeries, rehabilitation, and ongoing treatments
• Lost wages, including both current income and reduced earning potential
• Pain and suffering for physical pain and emotional trauma caused by the accident
• Property damage, including repair or replacement of your vehicle and personal items
• Loss of enjoyment of life for injuries that permanently change your lifestyle or abilities

These categories matter because they reflect the real scope of what truck accidents take away—not just money, but freedom, stability, and peace of mind.

Statute of Limitations: How Long Do You Have?

Under New York law, victims of truck accidents have three years from the date of the crash to file a personal injury lawsuit. This statute of limitations sounds like a long time, but truck cases involve convoluted investigations, accident reconstructions, and multiple defendants.

Evidence also disappears quickly because trucking companies aren’t required to keep certain records—like driver logbooks—forever. It’s also worth noting that if a government agency is involved, the deadline can shrink to as little as 90 days to file a notice of claim.

Missing these deadlines can shut the door on compensation entirely. The sooner you contact Bronx personal injury lawyers, the sooner you can start working toward a favorable outcome in your case.

Contact Our Bronx Personal Injury Law Firm After an Accident to Sue Both the Trucking Company and the Driver

So, can you sue both the truck driver and the trucking company after an accident in New York? Absolutely—and in many cases, you should. The driver might have been the one behind the wheel, but the company often plays a role in creating the conditions for the crash.

For victims, knowing that liability can extend beyond the driver is empowering. It means there are more avenues for justice, more opportunities for fair compensation, and more ways to seek accountability in an industry that affects everyone on the road.

At Chaikin Trial Group Injury Lawyers, our Bronx personal injury attorneys are known for being authentic, genuine, and aggressive. With over 50 years of combined experience and more than $100 million recovered for clients, we have what it takes to handle your case. Contact us today!