Trucks are running through New York City all day, every day. Whether making deliveries or picking up cargo, trucks are common sights in the Big Apple. Unfortunately, sometimes the hustle and bustle that New York is known for get a bit out of hand, and accidents happen. If you were hit by a truck in New York City, you might have a few choices when it comes to picking a defendant.
You do not have to sue just one person or entity in any personal injury lawsuit. If you believe more than one person is responsible, you can sue several people. The same goes for truck accidents. You can often sue the driver who struck you and the company that hired them. If the truck was owned and operated by the city, you could even potentially sue New York City itself.
Ensuring you sue the proper defendant is important in any personal injury lawsuit. If you name the wrong defendant or a defendant who cannot pay, you risk missing out on financial compensation. Contact our New York City truck accident attorneys for help. Call The Carrion Law Firm at (718) 841-0083 for a free case evaluation.
Who Is the Defendant After a Company Truck Hits Me in NYC?
After a trucking accident in NYC, you might have a few different options for defendants. In some cases, you can sue multiple people if you believe they all share liability. Generally, most cases begin by looking at the driver of the truck.
The truck driver is the most likely defendant and is often the first person considered when an injured plaintiff wants to file a lawsuit. After all, the driver is the one behind the wheel whose negligence caused your injuries. However, in some cases, liability is split between the truck driver and other parties. Perhaps your accident occurred because a truck rear-ended you, but then another driver t-boned you in an intersection. Both drivers could be sued in such a case.
In many cases, you can also sue the driver’s employer. Often, this is the company that hired that driver in the first place. Employers are typically held liable for the negligence of their employees while on the job. The company the employed the driver could be liable if the driver caused your accident.
It is not uncommon in a large city like New York City for trucks to be working for the city itself. Many trucks might even be owned by the city, and the drivers are considered city employees. While it is certainly possible to sue the city as a defendant, there might be a few additional procedural rules to follow when suing a municipality.
Who Was Driving the Company Truck That Struck You in NYC?
As mentioned above, drivers and their employers can be held liable for a trucking accident in New York City. However, this is not the case in every truck accident. You can almost always sue the driver, but suing the employer is only possible under certain circumstances.
Generally, the driver and the employer must be in an employer-employee relationship. While you might think this is obvious since the trucking company is paying the driver, the issue is complex. Not all drivers are legally considered employees. Instead, some drivers are independent contractors who technically do not work for the trucking company but perform a service by driving for them.
Since independent contractors are legally not considered employees, the people who hire them are not employers. Instead, they are clients, and a client cannot be held liable for an independent contractor’s negligence. Our Bronx truck accident attorneys can help you determine if you can sue the trucking company or just the driver.
How to Sue the City After a Company Truck Hits You in NYC
Suing the city is possible in cases where the truck was owned by the city, but you need to act a bit quicker than if you were suing a private person or entity. Suing the city requires that plaintiffs file a Notice of Claim within 90 days of the truck accident. If this time limit expires and you have not yet filed your Notice, your entire case could be dismissed.
A Notice of Claim is required where you have a contract with the city or by statute. In the case of a truck accident, you are likely required to file this Notice because of a statute. However, if your accident occurred while you were under contract with the city, the Notice requirement would also apply.
Your Notice must contain your name and address as well as the name and address of your attorney. The Notice must explain your claims, how and when the accident occurred, and your damages and injuries. Being as specific as possible is preferred. If any important issues are not sufficiently explained or certain claims are mistakenly left out, you risk losing out on those claims once the 90-day deadline passes.
If you were hit by a truck owned and operated by the city, our Long Island truck accident attorney can help you file your lawsuit. However, we must move quickly as the deadline to file a Notice of Claim may be fast approaching.
What If I Do Not Know Who Hit Me in an NYC Truck Accident?
In some cases, the identity of your defendant might be a mystery. While the right thing to do after an accident is stop and make sure everyone is okay before calling for help, not every truck driver follows this rule. Hit-and-run cases are not unheard of, and injured plaintiffs have been left on the road by negligent truck drivers. You might have to investigate the crash to find out who your defendant is in such cases.
It might be possible to discover the identity of your defendant by looking at their truck. Many trucks and delivery vehicles are emblazoned with company names and logos. If you can recall the name on the side of the truck, we can reach out to that company and determine who was driving their truck.
If the truck was unmarked, the police might be required to help. The police should be contacted in any hit-and-run case because fleeing an accident is a crime. The police have the investigative skills and tools to track down the truck driver. Call our Queens truck accident lawyers for help identifying your defendant.
Call Our NYC Truck Accident Attorneys
If you were hit by a company truck in NYC, you deserve compensation for your injuries. This compensation could come from the truck driver, their employer, or someone else. Our Staten Island truck accident lawyers can help you decide who to sue. Call The Carrion Law Firm at (718) 841-0083 for a free case review.