Buffalo Truck Accident Lawyer

Legally Reviewed By:

Michael Greenpsan

Content Reviewed:

If a tractor-trailer, box truck, or delivery vehicle struck you or someone you love in Erie County, the claim will differ from an ordinary car accident in four ways. First, more parties may share responsibility because the driver usually works for a motor carrier that may lease its equipment from one company and haul its loads from another. Second, federal safety regulations govern how long the driver can remain on duty, how the truck must be maintained, and when the driver must pull over. Third, the insurance coverage on an interstate truck is usually much higher than the minimum coverage required for a passenger car in New York. Fourth, the records that show what went wrong belong to the trucking company, and some of them can be discarded within six months of a crash. A Buffalo truck accident lawyer can help you through each of these differences.

At Greenspan & Greenspan Injury Lawyers, we represent people hurt by commercial trucks across New York. We work on a contingency fee basis, meaning you do not pay us unless we recover compensation on your behalf. Your medical bills and a portion of your lost wages are paid first by no-fault insurance, and we help you file the no-fault paperwork with the insurance company. Pain and suffering, along with losses above the no-fault limits, are pursued against the truck’s liability insurance and every other company that shares the blame. We identify all responsible parties, send letters demanding that evidence be preserved, and, if the insurer will not pay what the case is worth, we prepare your case for trial.

What Rules Must Commercial Drivers Follow?

Car drivers in Buffalo are governed by New York’s Vehicle and Traffic Law and the general duty of reasonable care. A commercial truck driver is governed by those standards and also by the Federal Motor Carrier Safety Regulations, which New York applies to many intrastate carriers. These regulations cover hours of service, drug and alcohol rules for drivers, and vehicle inspection and maintenance. Under New York common law, an unexcused violation of a state statute is negligence in itself. A regulatory violation generally operates differently; it is evidence of negligence that a jury may consider, but not automatic proof of negligence.

One rule for commercial drivers fits Western New York winters closely. When snow, ice, or poor visibility make driving hazardous, federal safety regulations require a truck driver to exercise extreme caution and stop driving altogether if conditions become dangerous enough. During lake-effect storms, the Thruway Authority has at times barred tractor-trailers from stretches of I-90.

Suppose a truck jackknifes on the I-90 or the Kensington Expressway in a whiteout. The question then goes beyond how the driver handled the skid to whether the driver, or the dispatcher, should have kept the truck parked. For that reason, a Buffalo truck accident attorney will ask for the dispatch records and weather data from the hours before the crash, not only the police report written afterward.

How Is Every Company That Puts a Truck on The Road Potentially Liable?

In a car accident, the defendants are usually the driver and the vehicle owner. In a truck accident, the list tends to grow.

Responsibility of Trucking Companies for Their Employees

Under the common-law doctrine of respondeat superior, a motor carrier is liable for the negligence of its employee driver acting within the scope of employment. Separately, New York makes a vehicle’s owner liable for the negligence of anyone driving it with permission.

The federal Graves Amendment, however, shields companies whose only role was to rent or lease the vehicle, as long as they were not negligent themselves. When a carrier operates a leased truck, federal leasing rules require that the lease grant the carrier exclusive possession and control of the vehicle during the lease term. That requirement helps determine which company is responsible for the driver.

Freight Brokers

Freight brokers can now be held accountable for the carriers they hire. On May 14, 2026, the United States Supreme Court held that federal law does not preempt state negligent hiring claims against a broker that selects an unsafe carrier. Brokers had long argued that federal law blocked these claims. Under the ruling, a broker who hired a carrier with a poor safety record can be held accountable under New York law. The injured person must still prove that the broker failed to exercise reasonable care.

Impact of Multiple Defendants

The number of defendants also affects how much of a judgment you can actually collect. A defendant found 50% or less at fault generally pays only its own share of noneconomic damages. Motor vehicle cases were previously exempt from that limit, but 2026 state legislation repealed that exemption for actions commenced on or after May 26, 2026.

Two remaining exceptions soften the impact of the change in many truck cases. A carrier still answers for its employee driver’s full share of fault, and the limit does not protect anyone who acted with reckless disregard for the safety of others. The limit also does not apply to economic damages.

Truck Records with an Expiration Date

The record retention periods under federal law are short. Carriers must keep hours-of-service records and supporting documents for six months. Inspection, repair, and maintenance records must be kept for one year and for six months after the vehicle leaves the carrier’s control. Accident registers must be kept for three years. After certain crashes, including any crash involving a death, the carrier must test the driver for alcohol and drugs within fixed time limits.

A truck may also carry an electronic logging device, an engine control module, and a dash camera that can show speed, braking, and the driver’s duty status in the moments before impact. However, some of that data is overwritten in the ordinary course of business. A preservation letter tells the carrier that the evidence is relevant to a claim. If a company then destroys evidence it was obligated to keep, New York courts can impose sanctions, including telling the jury it may infer the missing evidence would have hurt the company.

Who Pays Your Bills After a Truck Crash, and in What Order?

Many families assume the trucking company will pay the hospital bills right away, but New York sets a specific order of payment.

No-Fault Comes First

No-fault coverage pays up to $50,000 in basic economic loss, including medical expenses and a portion of lost earnings, regardless of fault. If you were riding in a car, this coverage usually comes from your own policy. The insurer must generally receive written notice of the claim within 30 days of the accident.

Beyond No-Fault: Claims Against the At-Fault Parties

Economic losses above the no-fault limit, along with noneconomic damages, are pursued against the at-fault parties. Federal law requires interstate carriers hauling general freight to carry at least $750,000 in liability coverage, with higher minimums for oil and hazardous materials. If the at-fault coverage still falls short, your own supplementary uninsured/underinsured motorist coverage may apply.

In New York, you cannot recover pain and suffering unless you have a “serious injury” as defined by state statute, and that rule applies to truck crashes the same way it applies to car crashes. The qualifying categories are:

• Death or dismemberment;
• Significant disfigurement;
• A fracture;
• Loss of a fetus;
• Permanent loss of use of a body organ, member, function, or system;
• Permanent consequential limitation of use of a body organ or member; or
• Significant limitation of use of a body function or system.

The 2026 amendments removed a category that previously covered temporary injuries. It applied when an injury kept a person from performing substantially all of their usual daily activities for 90 of the first 180 days after the accident. That category is no longer available in lawsuits commenced on or after May 26, 2026.

The same legislation made two other changes. Juries must now decide fault before deciding whether a serious injury exists, and noneconomic recovery is capped at $100,000 in certain actions by drivers who were uninsured, impaired, or committing a felony at the time of the crash. Truck crashes often cause fractures and surgical injuries that clearly fit the remaining categories. Soft tissue and spinal claims, however, now depend more heavily on imaging, range-of-motion testing, and treatment records.

What Happens When the Trucking Company Says You Were Partly at Fault?

What happens if the trucking defense teams argue that your vehicle drifted into a blind spot, cut in too close, or stopped short? Under New York’s general rule of pure comparative negligence, your own share of fault reduces your damages proportionally but does not bar recovery. However, for lawsuits commenced on or after May 26, 2026, if your fault is greater than that of the defendant, or of all defendants combined, you recover nothing. If your fault is equal to or less than theirs, your damages are reduced by your percentage of fault.

Plows, Public Fleets, and Thruway Claims

Some trucks on Buffalo streets belong to the government, and claims against them are subject to different rules.

A snowplow or other vehicle actually engaged in work on a highway is held to the reckless disregard standard, not ordinary negligence. Claims against the City of Buffalo, Erie County, or another municipality have two deadlines. A notice of claim must be served within 90 days, and the lawsuit must be filed within one year and 90 days. Claims against the New York State Thruway Authority go to the Court of Claims. There, a claim or a notice of intention to file one is generally due within 90 days.

Filing Deadlines for Claims Against Private Companies

For claims against a trucking company, driver, or broker, the general deadline is three years from the crash. A wrongful death action must be filed within two years of the death of the person. Some deadlines can be extended when a criminal case arises from the crash.

What Does “Contingency” Mean Under New York’s Rules?

A contingency fee means the lawyer is paid a percentage of the money recovered for you, through a settlement or a verdict. If there is no recovery, there is no fee. You do not pay an hourly rate or a retainer up front. New York’s Rules of Professional Conduct require a contingency fee agreement to be in writing and to state:

• The method used to calculate the fee,
• The percentage the lawyer receives at each stage of the case,
• The expenses that will be deducted, and
• Whether those expenses are deducted before or after the fee is calculated.

When the case ends, the lawyer must provide the client with a written statement detailing the outcome and how the payment was calculated.

Expenses are separate from the fee. In a truck case, they can include accident reconstruction, downloads of the truck’s electronic data, and testimony from medical experts. New York allows a lawyer to advance these costs and to make repayment depend on the outcome of the case. When you compare truck accident lawyers Buffalo NY families recommend, ask each firm how its written agreement handles those costs if the case does not succeed.

Fewer Margins for Error After the 2026 Amendments

Changes to state laws have made truck cases riskier for injured people. A finding that you were more at fault than the defendants now bars recovery entirely, temporary injuries may no longer qualify for pain and suffering, and a low-fault defendant may pay only its own share of noneconomic damages. Under these rules, a missing defendant or a gap in medical records can cost far more than it once did. A Buffalo truck accident lawyer works to close those gaps before the insurer can use them.

Greenspan & Greenspan Injury Lawyers has represented injured New Yorkers since 1959. Our mission is to make sure that every person hurt by a commercial truck receives the full protection New York law still provides. If a commercial truck injured you or a family member in Buffalo or anywhere in Erie County, contact Greenspan & Greenspan Injury Lawyers for a free consultation with a Buffalo truck accident attorney.

Legal References Used to Inform This Page

To ensure the accuracy and clarity of this page, we referenced official legal and other resources during the content development process:

• Actions to be commenced within three years, N.Y. C.P.L.R. § 214 (2022).
• Federal Motor Carrier Safety Administration, Regulations.
• Hazardous conditions; extreme caution, 49 C.F.R. § 392.14 (1995).
• Lease requirements, 49 C.F.R. § 376.12 (2018).
• Notice of claim, N.Y. Gen. Mun. Law § 50-e (2023).
• Driver’s record of duty status, 49 CFR § 395.8 (2024).
• Inspection, repair, and maintenance. 49 C.F.R. § 396.3(c) (2026).
• General requirements for driver qualification files, 49 CFR § 391.51 (2024).
• Post-accident testing, 49 CFR 382.303 (2022).
• Montgomery v. Carbie Transport II, LLC, No. 24-1238, 608 U.S. ___ (May 14, 2026).
• Pegasus Aviation I, Inc. v. Varig Logistics S.A., 26 N.Y.3d 543 (2015).
• Drivers to exercise due care, N.Y. Veh. & Traf. Law § 1146 (2014).
• Negligence in use or operation of vehicle attributable to owner, N.Y. Veh. Traf. Law §388 (2023).
• Causes of action for personal injury, N.Y. Ins. Law § 5104(a) (2026).
• Report required upon accident, N.Y. Veh. & Traf. Law § 605 (2025).
• No-fault threshold, N.Y. Ins. Law, § 5102(d) (2026).
• Financial responsibility, minimum levels, 49 C.F.R. § 387.9 (2026).
• No-Fault Insurance, Notice, 11 N.Y. C.R.R. 65-1.1. (2001).
• Limited liability of persons jointly liable, N.Y. C.P.L.R. §1601 (2014).
• Application, N.Y. C.P.L.R. § 1602(2)(iv) (2019).
• Application, N.Y. C.P.L.R. § 1602(7) (2019).
• Rented or leased motor vehicle safety and responsibility, 49 U.S.C. §30106 (2005).
• Damages recoverable when contributory negligence or assumption of risk is established, N.Y. C.P.L.R. § 1411 (2026).
• Public officers and employees to obey title; exceptions, N.Y. Veh. & Traf. Law §1103(b) (2014).
• Liability insurance; standard provisions; right of injured person, N.Y. Ins. Law § 3420(f)(2) (2026).
• Jurisdiction in certain suits against the authority, N.Y. Pub. Auth. Law § 361- b (2014).
• Time of filing claims and notices of intention to file claims, Court of Claims Act § 10(3).
• Action by personal representative for wrongful act, neglect, N.Y. Est. Powers & Trusts Law § 5-4.1 (2014).
• Actions to be commenced within one year, N.Y. C.P.L.R. § 215(8) (2024).
• Notice of claim, N.Y. Ins. Law § 5208 (2014).
• Contingency Fee Arrangement, N.Y. Rules of Prof. Conduct 1.5(c).
• Riviello v. Waldron, 47 N.Y.2d 297 (1979).

BY: Michael E. Greenspan

Michael Greenspan has been deeply involved in the affairs of his community for his entire professional career. Mike has been a certified high school track and field official since 1992 and has officiated at prestigious invitational meets as well as the New York State Championships. Additionally, Mike has served as a member of the Executive Committee of the Glenn D. Loucks Games at his alma mater, White Plains High School since 1991 and as a member of the Board of Directors of the JCC-Rockland.