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NYC Commercial Vehicle Lawyer · FedEx · UPS · Amazon · NY NY vicarious owner liability law

Hit by a commercial vehicle in NYC?

FedEx delivery van. UPS truck. Amazon Flex driver. Box truck. Plumbing or HVAC service van. Cable installer truck. Commercial vehicles in NYC drive a huge portion of the daily traffic — and when they cause accidents, the recovery profile is fundamentally different from private auto cases. Commercial liability policies start at $1M and often reach $5M+ with umbrella excess. NY NY vicarious owner liability law makes the owner vicariously liable for the driver's negligence — meaning the company is a defendant regardless of fault assignment.

Madison Law Firm PLLC  ·  579 5th Ave, 2nd Floor, New York, NY 10017

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How we handle your case

1

Investigate

Vehicle registration (commercial plate confirms commercial use). Driver employment records (W-2 vs 1099). DOT number lookup if interstate. Telematics and GPS data — most commercial fleets track every second of operation. Maintenance logs, hours-of-service records. We send preservation letters to the company within 7 days.

2

Negotiate

Commercial carriers have specialized claim units (Travelers, Liberty Mutual, Sentry, Old Republic for trucking) that we know well. We negotiate against $1M-$5M+ policies — sometimes with excess umbrella from $5M to $25M for the largest carriers (FedEx, UPS, Amazon). Higher policy limits change the entire posture of negotiation.

3

Try

Commercial-vehicle cases play to juries — corporate defendants with deep pockets and well-known names. We coordinate with senior trial counsel under NY co-counsel rules where the case demands. Discovery of internal safety records, driver-disciplinary history, and prior similar incidents can dramatically elevate case value.

What you can recover

Medical bills (past and future)
Lost wages
Loss of earning capacity
Pain and suffering
Loss of life enjoyment
Wrongful death (if fatal)

Every case is different. The recoverable damages depend on your injuries, the insurance available, and the facts of your case.

What you need to know

NY vicarious owner liability law makes the owner liable too — automatically.

NY's vicarious owner-liability law imposes liability on the vehicle's owner for any negligent operation. For a commercial vehicle, that means the company (FedEx, UPS, the contractor) is a defendant automatically, regardless of whether the driver was a W-2 employee or independent contractor. The Federal Graves Amendment limits this for true rental companies — but most commercial-vehicle operators are NOT rental companies.

Certificate of merit required.

Before filing, NY requires a New York civil procedure rule 3012-a certificate of merit signed by your attorney attesting that a qualified physician has reviewed the case and finds it meritorious. We arrange the expert review during intake.

Public-hospital cases: 90-day notice.

Claims against NYC Health + Hospitals (HHC) facilities — Bellevue, Elmhurst, Kings County, Lincoln, etc. — require a 90-day notice of claim. Same deadline applies to SUNY hospitals. Call us before that deadline runs.

Where we handle commercial vehicle accident cases

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Hurt? Talk to us today.

We answer 24/7. Free consultation. No fee unless we win.

Call (212) 300-3191 Free Case Review
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