New York
Truck Accident Laws in New York (2026): Deadlines & Liability
Independently fact-checked against primary sources (last audited August 16, 2026). · Reviewed by the RecordingLaw editorial team. · Law checked current as of August 7, 2026. · 8 primary sources cited on this page. How we verify our legal content
A wreck with a tractor-trailer is not just a larger car accident. A fully loaded commercial truck can outweigh a passenger car many times over, the injuries are often catastrophic, and the case typically involves a trucking company, federal safety regulations, and multiple potential defendants. New York also adds a wrinkle most states do not: it is a no-fault state, so the path to suing the at-fault trucker for pain and suffering runs through a specific injury threshold. If a commercial truck hurt you in New York, the deadline, the fault rule, and the no-fault threshold all shape your claim from the start.
This page explains New York's deadline, its negligence rule, and how its no-fault system works, then covers the federal trucking rules that apply nationwide. It is general legal information, not legal advice, and reading it does not create an attorney-client relationship.
The Deadline to Sue in New York
Under New York's Civil Practice Law and Rules (CPLR) Section 214, a personal injury action based on negligence must generally be filed within three years of the crash. Wrongful death is different and shorter: under the Estates, Powers and Trusts Law (EPTL) Section 5-4.1, a wrongful death action must generally be brought within two years of the date of death.
These deadlines are strict, and filing late almost always ends the case regardless of its strength. Claims against a government entity in New York, such as a city or state vehicle, carry their own much shorter notice-of-claim requirements, often 90 days. Because the exact deadline depends on who is at fault and other facts, confirming it early is important.
How New York Divides Fault
New York's general negligence rule is pure comparative fault. Under CPLR Section 1411(a), your own share of fault reduces your recovery rather than barring it, and the damages otherwise recoverable are diminished in proportion to the culpable conduct attributable to you.
Motor vehicle cases, including truck cases, are carved out of that rule. CPLR Section 1411(b) provides that in an action to recover damages for personal injury subject to Article 51 of the Insurance Law, which is the no-fault article that governs New York crash claims, the claimant's culpable conduct bars recovery if it is greater than the culpable conduct of the person sued or greater than the combined culpable conduct of the persons sued. The practical effect in a truck case is a fifty percent bar rather than a pure rule: if your damages are $400,000 and you are found 30% at fault, your recovery falls to $280,000, but if your share of the fault is greater than the combined share of everyone you sued, you recover nothing at all.
Because that line decides whether a claim is worth anything rather than only how much, trucking companies and their insurers work hard to shift as much blame as possible onto the injured driver. How fault is documented and contested is often the whole case in New York.
No-Fault and the Serious-Injury Threshold in New York
New York is a no-fault state. Every auto policy includes basic no-fault coverage, also called personal injury protection (PIP), which pays your own medical bills, a portion of lost wages, and certain other expenses regardless of who caused the crash. Under Insurance Law Section 5102, basic economic loss is covered up to $50,000 per person, which can include medical and related expenses, lost earnings (up to $2,000 per month for up to three years), and other reasonable expenses (up to $25 per day for up to a year).
Because the system is no-fault, you cannot automatically sue the at-fault driver for pain and suffering. Insurance Law Section 5104(a) provides that in a claim between covered persons there is no right of recovery for non-economic loss except in the case of a serious injury, and no right of recovery for basic economic loss at all, because no-fault already pays that. Serious injury is the only gateway to pain and suffering. Economic losses that run past basic economic loss, such as medical bills and lost earnings above the $50,000 no-fault ceiling, are recoverable as economic damages, but they are not a second route to non-economic damages.
Insurance Law Section 5102(d) defines serious injury as a personal injury that results in any one of eight things: death; dismemberment; significant disfigurement; a fracture; loss of a fetus; permanent loss of use of a body organ, member, function, or system; permanent consequential limitation of use of a body organ or member; or significant limitation of use of a body function or system.
Because commercial trucks are so heavy, truck crashes frequently cause exactly these kinds of fractures and permanent, life-altering injuries, so many truck cases do clear the threshold. But it is a genuine legal test, not a formality, and it generally must be established with medical evidence. Once the threshold is met, you can pursue the at-fault driver and carrier for the full range of damages, including pain and suffering. Whether your injury clears it is a medical-evidence question, so get a free claim review from a New York truck accident lawyer measuring your records against the eight Section 5102(d) categories (attorney advertising).
There is a truck-specific wrinkle in how no-fault applies, and it is frequently stated backwards. New York's no-fault framework covers a "motor vehicle" as defined in Insurance Law Section 5102(f), which excludes only a vehicle that is not required to carry financial security under Article 6, 8, or 48-A of the Vehicle and Traffic Law. The definition that provision borrows, Vehicle and Traffic Law Section 311(2), expressly includes trailers, semi-trailers, and tractors other than tractors used exclusively for agricultural purposes. A New York-registered commercial truck is required to carry financial security, so it falls inside the no-fault definition, and Insurance Law Section 5103 contains no weight-based or for-hire carve-out from first-party benefits.
The weight and for-hire language sometimes read as an exclusion, covering a vehicle weighing more than 6,500 pounds unloaded or used principally to transport persons or property for hire, comes from Insurance Law Section 5105, which governs loss transfer between insurers rather than anyone's right to no-fault benefits. For a person in a passenger car hit by such a truck, your own auto policy's no-fault coverage pays your first-party benefits, the serious-injury threshold governs your suit for pain and suffering, and Section 5105 simply lets your insurer seek reimbursement from the truck's insurer through arbitration. Because these rules are technical, confirm how they apply to your facts with a licensed New York attorney.
Damage Caps in New York
New York imposes no general cap on compensatory damages in personal injury or wrongful death cases, so a claimant who clears the serious-injury threshold can normally seek the full measure of economic and non-economic losses.
There is one motor vehicle cap, and it sits inside the no-fault article itself. Insurance Law Section 5104(d) limits recovery for non-economic loss to $100,000 in a serious-injury case brought by an injured person who is at fault, is not already barred from recovery by CPLR 1411, and was either (1) operating an uninsured motor vehicle they were responsible for insuring, unless the lapse in coverage lasted less than 30 days, (2) operating while impaired at the time of the crash and convicted of it, or (3) operating in the commission of a felony or in immediate flight from one and convicted of that felony. The cap does not apply to an action for injuries resulting in death.
One further quirk: New York's wrongful death statute traditionally limits recovery to pecuniary (financial) losses to the survivors rather than grief or loss of companionship, which makes proving economic losses central in a fatal truck case.
Minimum Insurance in New York
New York requires ordinary drivers to carry liability coverage of at least $25,000 in bodily injury per person and $50,000 per accident ($50,000 and $100,000 in death cases), $10,000 in property damage, and $50,000 in basic no-fault (PIP) coverage. Commercial trucks operating in interstate commerce must meet far higher federal minimums, discussed below, which is one reason a truck case can reach insurance a car case never could.
Federal FMCSA Rules That Shape Truck Cases
Most commercial trucks are governed by the Federal Motor Carrier Safety Regulations enforced by the Federal Motor Carrier Safety Administration (FMCSA). These rules apply in every state, and a violation is often strong evidence of negligence.
- Hours of service (49 CFR Part 395): A property-carrying driver may drive a maximum of 11 hours after 10 consecutive hours off duty, may not drive beyond the 14th hour after coming on duty, must take a 30-minute break after 8 hours of driving, and is capped at 60 hours in 7 days or 70 hours in 8 days. Fatigue and falsified logs are recurring problems.
- Electronic logging devices (ELDs): Most drivers must run an ELD that automatically records driving time, duty status, and location, which makes hours-of-service violations harder to hide.
- Driver qualification and CDL (49 CFR Part 391): Carriers must confirm that drivers hold the proper commercial driver's license and meet the medical and qualification standards.
- Drug and alcohol testing (49 CFR Part 382): FMCSA requires pre-employment, random, post-accident, and reasonable-suspicion testing for safety-sensitive drivers.
- Vehicle maintenance and inspection (49 CFR Part 396): Carriers must systematically inspect, repair, and maintain their vehicles and keep records. Brake and tire failures often trace back to skipped maintenance.
Who Can Be Liable After a Truck Accident
A car crash usually means one other driver. A truck crash often involves a chain of businesses, and several of them can share responsibility:
- The driver, for negligent or reckless operation.
- The motor carrier (trucking company), both vicariously for its driver acting in the scope of employment and directly for negligent hiring, training, supervision, or retention.
- A broker or shipper, in some circumstances tied to how the load or carrier was arranged.
- A cargo loader, if an improperly secured or overloaded load contributed to the crash.
- A parts or equipment manufacturer, if a defective brake, tire, or other component failed.
Identifying every responsible party matters because it can open access to multiple insurance policies, a key difference from a typical car-accident case.
Federal Minimum Insurance for Trucks
Under 49 CFR 387.9, for-hire motor carriers operating in interstate commerce and hauling general (non-hazardous) freight in vehicles rated at 10,001 pounds or more must maintain at least $750,000 in liability coverage. Carriers transporting certain hazardous materials must carry $1,000,000 or $5,000,000. These federal floors dwarf a typical passenger-car policy, which is part of why truck cases are valued differently from car cases.
Why Preserving Evidence Early Matters
Much of the strongest evidence in a truck case sits inside the truck and the carrier's files. ELD and logbook data, the engine control module (ECM) or onboard event recorder often called the black box, dash-camera footage, and maintenance and inspection records can be overwritten, recycled, or lost on routine schedules. Sending a spoliation, or evidence preservation, letter to the carrier early can require it to hold this data before it is gone. The police report, photographs of the scene and vehicles, and your medical records are also central and should be secured promptly.
How to Evaluate a Truck Accident Claim
Most personal injury attorneys review truck cases on a contingency-fee basis, meaning the fee comes out of any recovery rather than up front, and many offer a free initial consultation. No lawyer can promise a particular outcome or dollar figure, and every case depends on its own facts and evidence. The practical steps stay the same: get medical care and follow through, keep the police report and your records, document your losses, and confirm the exact deadline for your situation, because New York's deadlines are strict and a missed date usually forfeits the claim.
Frequently Asked Questions
What is the deadline to sue for a truck accident in New York?
Generally 3 years from the date of the crash for a personal injury claim under CPLR 214, but only 2 years from the date of death for a wrongful death claim under EPTL 5-4.1. Claims against a government entity have much shorter notice-of-claim deadlines, often 90 days. Filing late almost always ends the claim, so confirm your exact deadline early.
Do I have to meet a threshold to sue the trucker in New York?
Yes, for pain and suffering. New York is a no-fault state, so to recover non-economic damages you must meet the serious-injury threshold in Insurance Law 5102(d), which lists death, dismemberment, significant disfigurement, a fracture, loss of a fetus, permanent loss of use of a body organ, member, function or system, permanent consequential limitation of use of a body organ or member, and significant limitation of use of a body function or system. Serious injury is the only route to non-economic damages; economic losses above the $50,000 of basic economic loss that no-fault pays are pursued separately as economic damages. Severe truck-crash injuries often clear the threshold, but it must be proven with medical evidence.
Who can be sued after a truck accident in New York?
Often more than one party: the truck driver, the motor carrier (both for its driver's conduct and for negligent hiring, training, or supervision), and sometimes a broker or shipper, a cargo loader, or the manufacturer of a defective part. Identifying every responsible party can open access to multiple insurance policies.
How is a truck accident different from a car accident?
Trucks are far heavier, so injuries tend to be more severe. Commercial trucks are also governed by federal FMCSA rules on driving hours, logs, maintenance, and licensing, and interstate freight carriers must carry at least $750,000 in liability coverage. Truck cases also typically involve multiple, often corporate, defendants and time-sensitive electronic evidence.
Updates
Corrected the New York fault rule to reflect CPLR 1411(b), which bars recovery in a crash case when your fault exceeds the defendants' combined fault; removed the 90/180-day serious-injury category, which is not in the current Insurance Law 5102(d); corrected the Section 5104(a) threshold and the heavy-truck no-fault discussion; and added the $100,000 non-economic damages cap in Insurance Law 5104(d).
Independently fact-checked against the cited primary sources
Corrected the article's claim that Insurance Law 5103 sets a 6,500-pound/for-hire weight threshold for no-fault coverage; that figure does not appear in 5102 or 5103's text, so the point now rests on the Insurance Law 5102(f) 'motor vehicle' definition without an invented pincite or weight figure.
Governing law re-checked for recent changes
Reviewed and approved by an editor
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
New York Insurance Law
§ 5104Causes of action for personal injuryIn forcecited in 3 of our articles
Causes of action for personal injury. (a) Notwithstanding any other law, in any action by or on behalf of a covered person against another covered person for personal injuries arising out of negligence in the use or operation of a motor vehicle in this state, there shall be no right of recovery for non-economic loss, except in the case of a serious injury, or for basic economic loss. The owner, operator or occupant of a motorcycle which has in effect the financial security required by article six or eight of the vehicle and traffic law, or which is referred to in subdivision two of section three hundred twenty-one of such law, shall not be subject to an action by or on behalf of a covered person for recovery for non-economic loss, except in the case of a serious injury, or for basic economic loss. No liability for non-economic loss shall be fixed unless and until the trier of fact has determined the existence of a serious injury. In any action to recover non-economic loss pursuant to this article, the trier of fact shall not determine the question of whether an injury is a serious injury until the trier of fact has determined the party or parties at fault.
Official text (excerpt) · last checked 2026-09-14 · Read the full text in our law library · Verify at legislation.nysenate.gov
Cited in 296 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Van Nostrand v. Froehlich (Appellate Division of the Supreme Court of the State of New York 2007, 44 A.D.3d 54)“…ising out of the use and operation of motor vehicles (see Insurance Law § 5104) is any different from the division of…”
- Dietrick v. Kemper Insurance (New York Court of Appeals 1990, 76 N.Y.2d 248)“…s the victim has suffered a "serious injury”, in which case Insurance Law § 5104 (a) allows the victim to commence a dir…”
- Abbas v. Cole (Appellate Division of the Supreme Court of the State of New York 2007, 44 A.D.3d 31)“…0, 237 [1982]; Star v Badillo, 225 AD2d 610 [1996]; Insurance Law § 5104). Indeed, serious injury is a requireme…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: New York Car Accident Laws: No-Fault, Serious Injury, and Your Claim, Motorcycle Accident Laws in New York (2026): Deadlines
§ 5102DefinitionsIn forcecited in 3 of our articles
Definitions. In this chapter: (a) "Basic economic loss" means, up to fifty thousand dollars per person of the following combined items, subject to the limitations of section five thousand one hundred eight of this article: (1) All necessary expenses incurred for: (i) medical, hospital (including services rendered in compliance with article forty-one of the public health law, whether or not such services are rendered directly by a hospital), surgical, nursing, dental, ambulance, x-ray, prescription drug and prosthetic services; (ii) psychiatric, physical therapy (provided that treatment is rendered pursuant to a referral) and occupational therapy and rehabilitation (provided that treatment is rendered pursuant to a referral); (iii) any non-medical remedial care and treatment rendered in accordance with a religious method of healing recognized by the laws of this state; and (iv) any other professional health services; all without limitation as to time, provided that within one year after the date of the accident causing the injury it is ascertainable that further expenses may be incurred as a result of the injury.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
Cited in 5,916 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Toure v. Avis Rent a Car Systems, Inc. (New York Court of Appeals 2002, 98 N.Y.2d 345)“…intiffs Toure and Manzano have satisfied their burden under Insurance Law § 5102 (d), 1 but plaintiff Nitti…”
- Pommells v. Perez (New York Court of Appeals 2005, 4 N.Y.3d 566)“…n of that vehicle in New York State, irrespective of fault (Insurance Law § 5102 [a]; § 5103). Only in the event of “ser…”
- Grasso v. Angerami (New York Court of Appeals 1991, 79 N.Y.2d 813)“…tion to defendant’s motion for summary judgment pursuant to Insurance Law § 5102 (d), plaintiff tendered proof of "serio…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 5103Entitlement to first party benefits; additional financial security requiredIn forcecited in 2 of our articles
Entitlement to first party benefits; additional financial security required. (a) Every owner's policy of liability insurance issued on a motor vehicle in satisfaction of the requirements of article six or eight of the vehicle and traffic law shall also provide for; every owner who maintains another form of financial security on a motor vehicle in satisfaction of the requirements of such articles shall be liable for; and every owner of a motor vehicle required to be subject to the provisions of this article by subdivision two of section three hundred twenty-one of the vehicle and traffic law shall be liable for; the payment of first party benefits to: (1) Persons, other than occupants of another motor vehicle or a motorcycle, for loss arising out of the use or operation in this state of such motor vehicle. In the case of occupants of a bus other than operators, owners, and employees of the owner or operator of the bus, the coverage for first party benefits shall be afforded under the policy or policies, if any, providing first party benefits to the injured person and members of his household for loss arising out of the use or operation of any motor vehicle of such household.
Official text (excerpt) · last checked 2026-09-14 · Read the full text in our law library · Verify at legislation.nysenate.gov
Cited in 119 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Viviane Etienne Medical Care v. Country-Wide Ins. (New York Court of Appeals 2015, 25 N.Y.3d 498)“…f the use or operation in this state of [a] motor vehicle" (Insurance Law § 5103 [a] [1]; see 11 NYCRR 65-1.1). Sta…”
- Presbyterian Hospital v. Maryland Casualty Co. (New York Court of Appeals 1997, 90 N.Y.2d 274)“…erage and other defenses, or the statutory exclusions under Insurance Law § 5103 (b). In particular, Insurance Law § 510…”
- Argentina v. Emery World Wide Delivery Corp. (New York Court of Appeals 1999, 93 N.Y.2d 554)“…r operation * * * of such motor vehicle” (see, Insurance Law § 5103 [a] [1]). We *561 held t…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
§ 5105Settlement between insurersIn force
Settlement between insurers. (a) Any insurer liable for the payment of first party benefits to or on behalf of a covered person and any compensation provider paying benefits in lieu of first party benefits which another insurer would otherwise be obligated to pay pursuant to subsection (a) of section five thousand one hundred three of this article or section five thousand two hundred twenty-one of this chapter has the right to recover the amount paid from the insurer of any other covered person to the extent that such other covered person would have been liable, but for the provisions of this article, to pay damages in an action at law. In any case, the right to recover exists only if at least one of the motor vehicles involved is a motor vehicle weighing more than six thousand five hundred pounds unloaded or is a motor vehicle used principally for the transportation of persons or property for hire.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
Cited in 111 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- Motor Vehicle Accident Indemnification Corp. v. Aetna Casualty & Surety Co. (New York Court of Appeals 1996, 89 N.Y.2d 214)“…against Aetna pursuant to 11 NYCRR 65.10 (see, Insurance Law § 5105 [b]; § 5221 [b] [6]) seeking reimbursem…”
- Progressive Casualty Insurance v. New York State Insurance Fund (Appellate Division of the Supreme Court of the State of New York 2008, 47 A.D.3d 633)“…om Progressive, pursuant to the loss transfer provisions of Insurance Law § 5105. Progressive asserted, as an affirmativ…”
- State Farm Mutual Automobile Insurance v. Nationwide Mutual Insurance (Appellate Division of the Supreme Court of the State of New York 1989, 150 A.D.2d 976)“…thereafter commenced an arbitration proceeding pursuant to Insurance Law § 5105 to recover from Nationwide the payments…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
New York Civil Practice Law and Rules
§ 1411Damages recoverable when contributory negligence or assumption of risk is establishedIn forcecited in 5 of our articles
Damages recoverable when contributory negligence or assumption of risk is established. (a) Except as provided in subsection (b) of this section, in any action to recover damages for personal injury, injury to property, or wrongful death, the culpable conduct attributable to the claimant or to the decedent, including contributory negligence or assumption of risk, shall not bar recovery. The amount of damages otherwise recoverable shall be diminished in the proportion which the culpable conduct attributable to the claimant or decedent bears to the culpable conduct which caused the damages. (b) In any action to recover damages for personal injury subject to article fifty-one of the insurance law, the culpable conduct attributable to the claimant shall bar recovery if the culpable conduct attributable to the claimant is greater than the culpable conduct of the person against whom recovery is sought or is greater than the combined culpable conduct of the persons against whom recovery is sought.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
Also relied on in: New York Dog Bite Laws: Liability and Victim Rights, New York Slip and Fall Laws: Proving Premises Liability
§ 214Actions to be commenced within three years: for non-payment of money collected on execution; for penalty created by statute; to recover c...In forcecited in 9 of our articles
Actions to be commenced within three years: for non-payment of money collected on execution; for penalty created by statute; to recover chattel; for injury to property; for personal injury; for malpractice other than medical, dental or podiatric malpractice; to annul a marriage on the ground of fraud. The following actions must be commenced within three years: 1. an action against a sheriff, constable or other officer for the non-payment of money collected upon an execution; 2. an action to recover upon a liability, penalty or forfeiture created or imposed by statute except as provided in sections 213 and 215; 3. an action to recover a chattel or damages for the taking or detaining of a chattel; 4. an action to recover damages for an injury to property except as provided in section 214-c; 5. an action to recover damages for a personal injury except as provided in sections 214-b, 214-c, 214-i and 215; 6. an action to recover damages for malpractice, other than medical, dental or podiatric malpractice, regardless of whether the underlying theory is based in contract or tort; and 7.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
Also relied on in: Car Accident Laws by State (2026): Fault, No-Fault, and Your Claim, Medical Malpractice Laws in New York (2026): Deadlines, New York Statute of Limitations: Filing Deadlines by Case Type
New York Estates, Powers and Trusts Law
§ 5-4.1Action by personal representative for wrongful act, neglect orIn forcecited in 6 of our articles
Action by personal representative for wrongful act, neglect or default causing death of decedent 1. The personal representative, duly appointed in this state or any other jurisdiction, of a decedent who is survived by distributees may maintain an action to recover damages for a wrongful act, neglect or default which caused the decedent's death against a person who would have been liable to the decedent by reason of such wrongful conduct if death had not ensued. Such an action must be commenced within two years after the decedent's death; provided, however, that an action on behalf of a decedent whose death was caused by the terrorist attacks on September eleventh, two thousand one, other than a decedent identified by the attorney general of the United States as a participant or conspirator in such attacks, must be commenced within two years and six months after the decedent's death. When the distributees do not participate in the administration of the decedent's estate under a will appointing an executor who refuses to bring such action, the distributees are entitled to have an administrator appointed to prosecute the action for their benefit. 2.
Official text (excerpt) · last checked 2026-09-06 · Read the full text in our law library · Verify at legislation.nysenate.gov
Also relied on in: New York Wrongful Death Laws (2026): Deadlines
Code of Federal Regulations Title 49
§ 387.9Financial responsibility, minimum levels.In forcecited in 55 of our articles
The minimum levels of financial responsibility referred to in § 387.7 are hereby prescribed as follows: Table 1 to § 387.9—Schedule of Limits—Public Liability Type of carriage Commodity transported January 1, 1985 (1) For-hire (In interstate or foreign commerce, with a gross vehicle weight rating of 10,001 or more pounds) Property (nonhazardous) $750,000 (2) For-hire and Private (In interstate, foreign, or intrastate commerce, with a gross vehicle weight rating of 10,001 or more pounds) Hazardous substances, as defined in 49 CFR 171.8, transported in bulk in cargo tanks, portable tanks, or hopper-type vehicles; in bulk Division 1.1, 1.2 or 1.3 materials; in bulk Division 2.3, Hazard Zone A material; in bulk Division 6.1, Packing Group I, Hazard Zone A material, in bulk Division 2.1 or 2.2 material; or highway route controlled quantities of a Class 7 material, as defined in 49 CFR 173.403 5,000,000 (3) For-hire and Private (In interstate or foreign commerce, in any quantity; or in intrastate commerce, in bulk only; with a gross vehicle weight rating of 10,001 or more pounds) Oil listed in 49 CFR 172.101; hazardous waste, hazardous materials, or hazardous substances defined in 49…
Official text (excerpt) · last checked 2026-07-28 · Read the full text in our law library · Verify at ecfr.gov
Cited in 45 court opinions in our collectionLatest citing opinion in our collection: 2026
In the courts (editorial summary, independently checked):Carolina Casualty Insurance v. Yeates (2009) held an MCS-90 endorsement applies only where the underlying policy gives no coverage and the carrier's insurance falls below the minimums 49 CFR 387.9 prescribes. GREAT WEST CAS. v. General Cas. Co. of Wisconsin (2010) found that purpose met once other coverage exceeded the 387.9 amount.
Opinions citing this section in our collection:
- GREAT WEST CAS. v. General Cas. Co. of Wisconsin (District Court, D. Minnesota 2010, 734 F. Supp. 2d 718)“…ardous commodities is $750,000. 49 U.S.C. § 31139 (b)(2); 49 C.F.R. § 387.9 . Under the Federal Motor Carrie…”
- Carolina Casualty Insurance v. Yeates (Court of Appeals for the Tenth Circuit 2009, 584 F.3d 868)✓A trucker's own insurer paid the Yeateses the full $750,000 that section 387.9 sets as the minimum for non-hazardous property, and the en banc court held a second insurer's MCS-90 endorsement was therefore never triggered and added no coverage.
- American Inter-Fidelity Exchange v. American Re-Insurance Company (Court of Appeals for the Seventh Circuit 1994, 17 F.3d 1018)✓A truck insurer sought reinsurance for $846,256 in deductibles it paid accident victims but could not collect; the court read the mandatory endorsement to require insurers to cover victims from the first dollar up to section 387.9's minimums, and reversed the dismissal.
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Truck Accident Laws by State (2026): Deadlines & Liability, Truck Accident Laws in Alabama (2026): Deadlines & Liability, Truck Accident Laws in Alaska (2026): Deadlines & Liability
New York Vehicle and Traffic Law
§ 311DefinitionsIn forcecited in 2 of our articles
Definitions. As used in this article: 1. The term "superintendent" shall mean the superintendent of financial services of this state. 2. The term "motor vehicle" shall be defined as in section one hundred twenty-five of this chapter, except that it shall also include trailers, semi-trailers and tractors other than tractors used exclusively for agricultural purposes, and shall exclude fire and police vehicles, farm equipment, including self-propelled machines used exclusively in growing, harvesting or handling farm produce, tractors used exclusively for agricultural purposes, or for snow plowing other than for hire, and self-propelled caterpillar or crawler-type equipment while being operated on the contract site. 3.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at legislation.nysenate.gov
Cited in 75 court opinions in our collectionLatest citing opinion in our collection: 2025
Opinions citing this section in our collection:
- Barile v. Kavanaugh (New York Court of Appeals 1986, 67 N.Y.2d 392)“…g out of ownership, maintenance or use of a motor vehicle” (Vehicle and Traffic Law § 311 [3]). That ability may be evidenced by…”
- Federal Insurance v. Watnick (New York Court of Appeals 1992, 80 N.Y.2d 539)“…imit of $300,000 (see, Insurance Law § 3420 [¶] [1], [2]; Vehicle and Traffic Law § 311 [4] [a]). The purpose of the uninsured…”
- Hunter v. OOIDA Risk Retention Group, Inc. (Appellate Division of the Supreme Court of the State of New York 2010, 79 A.D.3d 1)“…lity coverage in excess of the minimum coverage required by Vehicle and Traffic Law § 311 (4) (a), issued by an insurer authorize…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Sources and References
- New York CPLR 214, Actions to be commenced within three years (personal injury deadline)(nysenate.gov).gov
- New York EPTL 5-4.1, Action by personal representative for wrongful act (2-year wrongful death deadline)(nysenate.gov).gov
- New York CPLR 1411, Damages recoverable when contributory negligence or assumption of risk is established (pure comparative negligence)(nysenate.gov).gov
- New York Insurance Law 5102, Definitions (serious injury threshold and $50,000 basic economic loss)(nysenate.gov).gov
- New York Insurance Law 5104, Causes of action for personal injury (no-fault limitation on non-economic damages)(nysenate.gov).gov
- New York Insurance Law 5103, Entitlement to first party benefits (no-fault first-party benefit scheme)(nysenate.gov).gov
- FMCSA, Summary of Hours of Service Regulations (49 CFR Part 395)(fmcsa.dot.gov).gov
- 49 CFR 387.9, Financial responsibility, minimum levels (the $750,000 minimum for for-hire freight carriers)(ecfr.gov).gov
- New York Vehicle and Traffic Law 311(2), definition of motor vehicle (expressly includes trailers, semi-trailers and tractors)(nysenate.gov)
- New York Insurance Law 5105, Settlement between insurers (the 6,500-pound and for-hire loss-transfer rule)(nysenate.gov)
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