The law that applies to your claim
Federal Motor Carrier Safety Regulations (49 CFR)
Interstate carriers are governed by federal rules covering driver hours of service, licensing, drug and alcohol testing, vehicle inspection and maintenance, and cargo securement. A violation is powerful evidence of negligence — and these records exist in a form a passenger-car case never has.
Hours-of-service and the ELD record
Most commercial trucks carry an electronic logging device recording driving time. Fatigue is a leading cause of serious truck collisions, and the ELD often shows it — but retention periods are limited.
Vicarious liability of the motor carrier
The company that employs the driver is generally responsible for negligence committed in the course of employment, and may be separately liable for negligent hiring, training, supervision or maintenance.
The evidence has a deletion schedule
The truck’s engine control module — the black box — records speed, braking, throttle and fault codes in the seconds before impact. It can be overwritten. ELD data is retained for a limited period. Dashcam footage cycles. Maintenance and inspection records are kept only as long as the regulations require.
A spoliation letter demanding preservation needs to go out within days, not months. That single step is often the difference between proving what happened and arguing about it.
More than one party is usually responsible
Trucking cases rarely have a single defendant. Responsibility can run to the driver, the motor carrier, the owner of the tractor, the owner of the trailer, the company that loaded the cargo, a maintenance contractor, or a broker who arranged the haul.
That matters practically: each carries its own insurance, and identifying every responsible party is often what makes a catastrophic injury claim recoverable at all.
Why the insurer arrives so quickly
Serious trucking collisions frequently bring a rapid-response team to the scene — investigators and sometimes counsel, working for the carrier, on the same day. They are documenting the scene in the carrier’s interest before you have left the hospital.
You are not obliged to give them a statement, and you should not before speaking to your own lawyer.
How long you have to act
- Three years from the date of the accident for most negligence claims (CPLR §214).
- Two years for wrongful death (EPTL §5-4.1).
- 90 days to serve a notice of claim where a city, county, school district, transit authority or other public body is involved (General Municipal Law §50-e), with suit generally within one year and 90 days.
The 90-day rule is the one that quietly ends otherwise strong cases. If a public entity may be involved, that is the first thing to check — not the last.
What it costs
Nothing up front. These cases are handled on contingency: there is no fee unless we win, and the consultation is free. You will be told the percentage and how expenses are handled, in writing, before you sign anything.
Common questions
The police report blames me. Is my claim over?
No. A police report is one officer’s initial view, is not binding, and is frequently revised once the physical evidence, ELD data and witness accounts are examined.
How is this different from a car accident claim?
Higher coverage limits, federal regulations that create additional duties, multiple potentially responsible companies, and physical evidence that is destroyed on a fixed schedule unless preserved.
What if the truck was from out of state?
Interstate carriers must maintain agents for service and comply with federal rules. A claim can generally still be brought in New York where the collision occurred.
