Truck crash claim: what can I do?

Venue & Jurisdiction: New York truck accident cases are filed in Supreme Court (the state's general trial court) in the county where the accident occurred, where the plaintiff resides, or where the defendant has its principal office. New York City cases are commonly venued in any of the five boroughs' Supreme Courts. New York follows pure comparative negligence, so plaintiffs may recover even if primarily at fault.

Statute of Limitations: New York CPLR § 214(5) imposes a three-year statute of limitations for personal injury claims arising from truck accidents. The period runs from the date of injury. Wrongful death claims must be filed within two years of the date of death under EPTL § 5-4.1. Actions against municipal defendants (e.g., city-owned sanitation trucks) require a Notice of Claim filed within 90 days of the incident before suit may be commenced.

FMCSA & New York Regulations: Interstate commercial trucks in New York must comply with FMCSA regulations (49 C.F.R. Parts 350–399). New York State Department of Transportation (NYSDOT) and State Police enforce state-specific truck weight limits, permit requirements for oversize loads, and bridge-weight postings — particularly critical given New York City's aging bridge and tunnel infrastructure. New York City additionally imposes local truck route restrictions (NYC DOT Truck Route Network) that are a frequent source of violations.

High-Accident Corridors: New York's highest-risk commercial trucking routes include the New York State Thruway (I-87/I-90 from New York City through Albany and Buffalo), Interstate 95 (the Bruckner Expressway and Cross Bronx Expressway in New York City), Interstate 278 (Staten Island Expressway), Route 17 / I-86 (Southern Tier freight corridor), and the New York–New Jersey Hudson River crossings (George Washington Bridge, Lincoln and Holland Tunnels). The Cross Bronx Expressway consistently ranks among the nation's most congested and dangerous urban truck corridors.