New York Trucking Liability Defense For Leasing Companies
For over 30 years, The Law Firm of Connors & Connors, P.C., in New York, has fought hard to defend truck rental and leasing companies against personal injury claims. Our skilled insurance defense lawyers have protected clients, from big national companies to local fleet operators, in complex lawsuits.
We create defense plans that not only handle the current claim but also look out for your business in the long run. Whether you run a large fleet across the country or a medium-sized transport company, we shape our approach to match your needs.
What The Graves Amendment Means For Your Trucking Company
In the past, New York law (Section 388) held vehicle owners responsible for accidents involving their trucks, even if they were not at fault. This made leasing and rental companies easy targets for lawsuits.
But the Graves Amendment, passed in 2005 as part of a federal transportation law (49 U.S.C. § 30106), changed that. It says:
- A company that rents or leases vehicles is not responsible for harm caused by the vehicle’s use if:
- The company is in the business of renting or leasing vehicles.
- The company is not negligent or involved in any wrongdoing.
In simple terms, if your company rents or leases trucks and maintains them properly, you are not liable just for owning the vehicle. At The Law Firm of Connors & Connors, P.C., we use this law to defend clients from unfair liability claims.
How We Build A Strong Defense In Truck Accident Cases
Our defense starts early and focuses on details and transportation law. We blend legal skills with engineering and medical knowledge to challenge claims and reduce your company’s risk.
Forensic experts and accident reconstruction make a difference
We work with professional engineers who know how to analyze accidents. They study things like speed, braking and crash angles to figure out what really happened. Their findings often weaken the plaintiff’s story and point to other causes of the accident.
Engineers who understand vehicle dynamics
Our team includes engineers who focus on the forces in truck crashes. Their knowledge and experience help in cases where plaintiffs claim serious injuries from minor collisions or questionable vehicle issues.
Medical professionals who challenge injury claims
We also collaborate with medical professionals who study the biomechanics of injury. They can spot problems in the plaintiff’s claims, especially when medical records don’t back up the alleged harm.
Contracts And Lease Agreements Can Shift Liability
Lease agreements often have terms that decide who is responsible for insurance or legal defense. These terms can greatly affect the outcome of a case.
Indemnification and duty to defend provisions
We review contracts to see if the person leasing the truck agreed to cover legal costs or defend the company in a lawsuit. When these terms exist, we push to enforce them to lower or eliminate your risk.
Leveraging insurance language to your advantage
Many contracts require the lessee to have insurance that covers the leasing company. We make sure the team presents these insurance policies during the case and enforces the coverage.
Acting Early Can Protect You From Litigation Issues
Getting our firm involved early helps us shield your business from weak or exaggerated claims.
Preserving evidence and preventing spoliation
We guide clients on saving important evidence, like vehicle data, maintenance records and dashcam footage. Keeping this evidence safe strengthens your defense and avoids legal penalties.
Using surveillance and investigation strategically
When injuries seem exaggerated, we work with investigators to gather surveillance evidence. This can challenge the plaintiff’s claims and be very convincing in negotiations or at trial.
We Are Experienced In Federal Trucking Litigation
Many of our clients are not based in New York, so their cases often go to federal court. We have deep experience handling truck accident defense in federal courts, including their unique rules and procedures. Our attorneys are ready for multistate disputes involving transportation companies.
Protect Your Business With A New York Trucking Defense Law Firm
The Law Firm of Connors & Connors, P.C., based in Staten Island, has defended transportation and leasing companies in New York for over 30 years. We are known for smart, effective defense in high-stakes personal injury and trucking liability cases. We know what is at stake when a claim hits your business, and we have the tools, experience and legal know-how to build a defense that fits your company. Call 718-619-4601 or contact us online for a free consultation with a skilled trucking liability defense attorney.