Truck Accident Claims in New York

New York's Transportation Commissioner has power to adopt safety rules, with the force of law, for all motor carriers, private motor carriers and commercial motor vehicles carrying property or passengers in intrastate, interstate or international commerce, and carriers may not operate in New York unless they comply with those rules. The statute itself does not say the rules adopt the federal motor carrier safety regulations; the department's rules were not read. Federal rules separately require for-hire interstate carriers of ordinary (nonhazardous) property in vehicles of 10,001 pounds or more to carry at least $750,000 in liability coverage (49 CFR 387.9).

Pure comparative fault in most cases. In actions for personal injury, property damage or wrongful death, the injured person's own culpable conduct (including contributory negligence or assumption of risk) does not bar recovery, but damages are reduced in proportion to that person's share of the fault. Exception: in personal injury cases covered by New York's no-fault auto insurance law (Insurance Law article 51), the injured person cannot recover at all if his or her share of fault is greater than that of the defendant (or of all defendants combined).

No general statutory cap on damages in personal injury cases was found. In auto accident cases between covered persons, damages for non-economic loss are available only for a "serious injury," and basic economic loss covered by no-fault benefits cannot be recovered. Except in death cases, non-economic damages for a serious injury are capped at $100,000 when the injured person was at fault (but not barred under CPLR 1411) and at the time of the accident was driving an uninsured vehicle he or she was responsible for insuring (unless the coverage lapse was under 30 days), was driving while impaired and was convicted of it, or was driving in the commission of (or flight from) a felony and was convicted of that felony.

Three years for an action to recover damages for a personal injury (with exceptions in CPLR 214-b, 214-c, 214-i and 215, such as certain toxic exposure and intentional tort claims).