If you’re involved in an accident with a truck, there’s no black or white rule.
Basically, the owner of the truck, which is usually the company, would be liable and the driver who is the employee of the truck company would also be liable.
So in pursuing that action, you would go against the driver who was the employee and the employer who employed that truck driver who caused that accident. So you’d be able to have one claim against both of them. That insurance company would cover that accident claim for the truck driver and the employer.
In some cases, you’ll see that the employer leased the vehicle from a leasing company. In cases like those, you may make a claim or sue the leasing company, but there’s something called the Graves Amendment in New York, and the that leasing company will not be at fault. So, they will drop out of the case. You won’t be able to proceed against them, but we include them anyway just in case the employee was working for Ryder or something of that nature. So, you’d have up to three people. It would be the company, it would be the driver, and potentially the leasing company. But if it was in fact a true lease and they forward you the leasing agreement, then you would not be able to proceed against them due to the Graves Amendment.