Understanding Liability in Truck Accidents: Who to Sue After a Crash in New York

March 1, 2024

Understanding Liability in Truck Accidents: Who to Sue After a Crash in New York

Being involved in a truck accident can be a traumatic experience, leaving victims with physical injuries, emotional distress, and financial burdens. In the aftermath of such an event, one of the most pressing questions is who to hold accountable for the damages incurred. Should you sue the truck driver or the trucking company? Is the truck driver liable for the accident? Will the trucking company step up and pay compensation to the victims? In this blog post, we will delve into these important questions and provide insight into navigating legal options after a truck crash in New York.


When it comes to determining liability in a truck accident case, several factors come into play. In many cases, both the truck driver and the trucking company may share responsibility for the crash. The truck driver can be held liable if they were negligent or reckless while operating their vehicle, such as driving under the influence of drugs or alcohol, speeding, or violating traffic laws. On the other hand, the trucking company can also be held responsible if they failed to properly train their drivers, maintain their vehicles, or adhere to safety regulations.


In New York, victims of truck accidents have legal recourse to seek compensation for their injuries and damages. The state follows a comparative negligence system, which means that each party involved in an accident can be assigned a percentage of fault. This allows victims to recover damages even if they were partially at fault for the crash. However, navigating legal proceedings and negotiating with insurance companies can be complex and overwhelming for individuals dealing with physical injuries and emotional trauma.


At The Law Office of Tedd Kessler, P.C., we understand the challenges faced by victims of truck accidents in New York. Our experienced team of attorneys has a proven track record of successfully representing clients in complex cases involving commercial vehicles. We are dedicated to seeking justice for our clients and ensuring that they receive fair compensation for their losses.


Determining liability after a truck accident requires a thorough investigation and understanding of state laws governing personal injury claims. Victims should not hesitate to seek legal assistance from knowledgeable attorneys who can guide them through the legal process and advocate on their behalf. At The Law Office of Tedd Kessler, P.C., we are committed to providing top-notch legal representation to victims of truck accidents in New York. Contact us today for a free consultation to discuss your case and explore your options for pursuing justice and compensation.

February 21, 2025
Understanding Comparative Negligence in Personal Injury Cases in New York
February 21, 2025
Injured in a store in New York? Learn about premises liability, your legal rights, and how to seek compensation. Contact The Law Office of Tedd Kessler, P.C. for legal guidance today.
A wooden judge 's gavel is sitting on top of a stack of papers.
December 20, 2024
Learn when it’s crucial to seek legal help after a construction injury in New York. This blog covers when to contact an attorney, from the severity of your injury to insurance complications, ensuring you receive proper compensation for your suffering.
November 28, 2024
What Are the Documents Required to File a Personal Injury Lawsuit in New York?
October 22, 2024
How is Compensation Calculated in a New York Wrongful Death Lawsuit?
September 19, 2024
Who Can File a Premises Liability Lawsuit in New York?
August 30, 2024
Understanding the Statute of Limitations for Car Accidents in Virginia
August 1, 2024
Slip and fall accidents are common and can happen anywhere, from a grocery store to a sidewalk. These accidents can lead to serious injuries, including broken bones, head injuries, and back problems. If you have been injured in a slip and fall accident, it’s important to understand your legal rights and options. At The Law Office of Tedd Kessler, P.C., we specialize in helping clients navigate the complexities of slip and fall cases in New York. Here’s how a slip and fall attorney can help you.  1. Understanding Premises Liability Law In New York, property owners and occupiers are required to maintain their premises in a reasonably safe condition. When they fail to do so, they may be held liable for accidents and injuries that occur as a result. An experienced slip and fall attorney understands the intricacies of premises liability law and can explain how it applies to your case. 2. Investigating the Accident A thorough investigation is crucial to building a strong slip and fall case. An attorney can gather and analyze evidence, including accident reports, photographs of the scene, and witness statements. They can also work with experts to determine whether the property owner’s negligence caused your accident. 3. Proving Negligence To succeed in a slip and fall case, you must prove that the property owner was negligent and that their negligence led to your injury. This involves demonstrating that the owner knew or should have known about the hazardous condition and failed to take reasonable steps to address it. An attorney can help you gather the necessary evidence to establish negligence and build a compelling case. 4. Evaluating Your Damages Slip and fall accidents can result in significant medical expenses, lost wages, and pain and suffering. An attorney can help you evaluate the full extent of your damages, ensuring that you seek adequate compensation for your injuries. They can work with medical professionals and financial experts to accurately calculate your current and future losses. 5. Negotiating with Insurance Companies Dealing with insurance companies can be challenging, as they often aim to minimize payouts. An experienced slip and fall attorney can negotiate with the insurance company on your behalf, ensuring that you receive a fair settlement that reflects the true extent of your injuries and damages. They can handle all communications with the insurance company, reducing your stress and allowing you to focus on recovery. 6. Representing You in Court If a fair settlement cannot be reached through negotiations, your case may need to go to trial. Having a skilled attorney represent you in court is crucial. They can present your case effectively, cross-examine witnesses, and argue on your behalf. Their courtroom experience and knowledge of legal procedures can significantly enhance your chances of a favorable verdict. 7. Providing Emotional Support Dealing with the aftermath of a slip and fall accident can be emotionally taxing. An attorney can provide not only legal support but also emotional support, helping you navigate this challenging time with confidence and peace of mind. Knowing that a professional is handling your case allows you to focus on your recovery and well-being. Benefits of Hiring a Slip and Fall Attorney Hiring a slip and fall attorney offers several advantages: Expert Legal Knowledge: An attorney with experience in slip and fall cases understands the intricacies of the law and can provide expert advice tailored to your situation. Thorough Case Management: An attorney can handle all aspects of your case, from investigating the accident to negotiating with insurance companies and representing you in court. Effective Negotiation: An attorney can negotiate with the insurance company on your behalf, ensuring that you receive a fair settlement. Peace of Mind: Knowing that a professional is handling your case allows you to focus on your recovery, confident that your legal matters are being addressed. At The Law Office of Tedd Kessler, P.C., we are dedicated to providing exceptional legal representation for slip and fall cases in New York. Our team of experienced attorneys will work tirelessly to protect your rights and achieve the best possible outcome for your case.
June 28, 2024
Understanding the Statute of Limitations for a New York Bicycle Accident
June 2, 2024
Understanding How Compensation is Calculated in a New York Truck Accident
More Posts
Share by: