Filing a serious injury suit after an accident with a commercial delivery vehicle can feel complex and overwhelming with all the potential parties involved. Generally, the liable party is the vehicle driver, employer, or a third-party vehicle owner in some cases.
Key Takeaways
- If you are hit by a commercial vehicle, the liability web is confusing and convoluted with multiple potential stakeholders and liable parties.
- Commercial carriers typically have higher liability limits, which is beneficial for Serious Injury Threshold claims.
- The Raimondo Law Firm is ready to evaluate your personal injury case and determine if you can sue a commercial carrier for non-economic damages (pain and suffering).
The Liability Web is Complicated by Design
Unlike a typical two-car accident, commercial vehicle crashes can involve several responsible parties. There’s the driver, their employer, and possibly even the company with a logo on the side of the vehicle. There’s also the legal entity that owns the vehicle, and sometimes the party that loaded the cargo or maintained the truck.
The most challenging situations involve giants like Amazon, which routes most of its deliveries through independently owned “Delivery Service Partners”. These are smaller independent operators that run Amazon-branded vans. For Amazon, its legal position is that those drivers aren’t its employees. Courts have pushed back when evidence shows that Amazon controls how drivers operate by dictating their routes, monitoring their behavior, and requiring specific technology. If that level of control exists, the contractor label may not protect the higher entity, whether it’s Amazon or another business, in a personal injury claim.
As complex as this is, the takeaway is simple. Don’t assume that the first insurance company to call you represents every party that is liable. It often doesn’t.
These Companies Are Ready for Accidents – Are You?
Large carriers and their insurers have dedicated accident response teams. If there’s a serious crash on Long Island, professionals start moving quickly. Adjusters assess the scene and preserve favorable evidence, while also building a credible defense. Commercial trucks are usually equipped with Electronic Logging Devices that capture speed, braking, and data recording hours of service. This is the type of information that can prove a driver was fatigued or speeding. That data won’t last forever. Getting your own attorney involved early is often the difference between having this evidence and losing it.
New York’s No-Fault Rules Still Apply
Your own insurance will cover initial medical bills regardless of fault, but if you are to pursue pain and suffering damages after an accident with a commercial vehicle, your injuries must meet New York’s Serious Injury Threshold.
That bar is easier to clear in commercial vehicle crashes because the size and weight disparity often means that, unfortunately, someone in a personal vehicle is more likely to suffer spinal injuries, brain injuries, and fractures. There’s a higher chance that you, the victim, would pass the 90/180 Rule, where you can’t follow your normal routines for at least 90 days of the first six months after the accident.
Commercial vehicles carry significantly higher liability limits. When injuries are severe, full compensation is actually within reach if you have strong representation from an experienced Long Island personal injury attorney.
What to Do Immediately After a Crash with a Commercial Vehicle
It is crucial to seek medical attention immediately and document the scene (if you are in the position to do so).
- Seek medical attention even if you feel OK. The immediate adrenaline of a physically and emotionally stressful event can mask pain. Same-day medical records are often the foundation of a case.
- Document the scene with a photograph of the vehicles, any logos or DOT numbers, the license plate, and your injuries.
- Do not provide a recorded statement to any commercial carrier’s insurer before speaking with an attorney.
- Preserve all of your records. Keep medical bills, treatment notes, and records of missed work.
- Contact an attorney quickly. Commercial vehicle cases have more moving parts than standard car accident cases. An early call can preserve evidence that might otherwise be gone.
The Raimondo Law Firm is Ready to Fight for Your Rights
If you or someone you love was injured by a commercial vehicle on Long Island, you’re not just dealing with an insurance company. You’re dealing with a complex entity that has handled cases like yours before. The Raimondo Law Firm has too.
We offer free initial consultations with no obligation. You pay nothing unless we win. We are ready to evaluate your case, collect evidence, engage with experts, and help you get the compensation that you deserve. We serve Nassau County, Suffolk County, The Five Boroughs, and areas of Upstate New York.
Call us at any time. We’re available 24 hours at (631) 471-1222.
