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In New York, determining who to sue after a car accident isn’t always straightforward. While many claims are filed against the other driver, liability may also extend to employers, municipalities, or even vehicle manufacturers, depending on the circumstances. Identifying the correct defendant is critical to securing compensation, and missing key deadlines, especially in municipal cases, can jeopardize your claim. This guide from our Westchester car accident lawyer explains how liability works under New York law, what procedural rules apply, and what steps to take immediately after a crash to protect your rights.
Understanding Liability After a Car Accident in New York
New York follows a fault-based system for car accident claims. This means the person or entity responsible for causing the crash can be held legally liable for damages. In most cases, that’s the other driver. But depending on the facts, you may also have a claim against their employer, a municipality, or another third party.
Common defendants in New York car accident lawsuits include:
- Individual drivers who acted negligently
- Employers of drivers operating commercial or company vehicles
- Municipalities responsible for unsafe road conditions or faulty traffic signals
- Vehicle manufacturers in cases involving defective parts
While insurance may cover some losses, it often isn’t enough, especially in serious injury cases. That’s why identifying all responsible parties early is essential. A lawsuit may be necessary to recover full compensation for medical bills, lost income, and pain and suffering.
When You Can Sue an Employer or Municipality
In some cases, the driver isn’t the only party responsible. If the driver was working at the time of the crash or if poor road conditions contributed to the accident, you may have a claim against an employer or a government agency.
Employer Liability Under Respondeat Superior
Under New York law, employers can be held liable for the actions of their employees if the employee was acting within the scope of their job duties at the time of the accident. This legal principle is known as respondeat superior.
This often applies in cases involving:
- Delivery drivers
- Trucking companies
- Charter buses
For example, if a delivery truck driver runs a red light while making scheduled deliveries and causes a crash, the injured party may sue both the driver and the employer. The employer typically has more substantial insurance coverage, which can be critical in serious injury cases.
To succeed in these claims, you must show that the driver was performing work-related tasks, not running personal errands, when the accident occurred.
Suing a Municipality for Road Hazards or Negligence
If your accident was caused by a pothole, missing signage, or a malfunctioning traffic light, the city or town responsible for maintaining the road may be liable. However, suing a municipality in New York involves strict rules.
Key requirements include:
- Filing a *notice of claim* within 90 days of the accident
- Proving the municipality was negligent and that the negligence caused the crash
- Overcoming sovereign immunity, which protects government entities unless liability is specifically allowed by law
For instance, if a driver crashes due to an unmarked construction hazard and suffers injuries, they may have a claim against the city. But if they miss the 90-day notice deadline, the case could be dismissed entirely. Legal guidance is crucial in these cases to ensure all procedural steps are followed correctly.
What to Do Immediately After a Car Accident in New York
Taking the right steps after a crash can make a significant difference in your ability to recover damages. Your actions at the scene and in the days that follow can preserve evidence and strengthen your legal claim.
Key Steps to Preserve Your Claim
- Call 911 and ensure everyone’s safety
- Exchange contact and insurance information with all drivers involved
- Take photos and videos of the scene, vehicle damage, and road conditions
- Get contact information from any witnesses
- Seek medical attention, even if injuries seem minor
- Report the accident to the police and your insurance company
These steps help create a clear record of the incident, which can be critical in proving fault.
Legal Steps to Take
- Contact a personal injury attorney as soon as possible
- If a municipality may be involved, file a notice of claim within 90 days
- Begin gathering evidence, including medical records, repair estimates, and witness statements
An attorney can help you identify all liable parties and ensure you meet every legal deadline.
Why Legal Guidance Matters in Multi-Party Claims
Car accident cases involving employers or municipalities are more complex than standard two-driver collisions. Identifying all potentially liable parties requires legal analysis and a deep understanding of New York law.
An experienced attorney can:
- Investigate the accident thoroughly
- Preserve critical evidence
- Navigate procedural rules like the 90-day municipal notice requirement
- Maximize your compensation through negotiation or litigation
At Michael LoGiudice, LLP, we help New York accident victims pursue every available legal avenue to recover what they’re owed.
Protect Your Rights After a Crash—Talk to a New York Car Accident Lawyer
If you’ve been injured in a car accident in New York, don’t wait to find out who may be legally responsible. Whether it’s a negligent driver, their employer, or a government agency, Michael LoGiudice, LLP can help you take the right legal steps. Contact us today for a free consultation and let our experienced team fight for the compensation you deserve.