Trucking companies, bus operators, and public fleets like New York City’s Sanitation trucks and MTA buses are facing a steady stream of lawsuits across New York.
Truck and commercial vehicle accidents remain behind some of New York state’s most serious crashes and high-stakes lawsuits. These range from a $50.7 million Bronx verdict over a Sanitation truck to about 30 lawsuits over a Hudson Valley school band bus crash.
Statewide, crashes involving large trucks killed 117 people in 2024, the latest year of federal truck data. Meanwhile, 2026 court rulings and new state laws are changing who can be held responsible and what injured people can recover.
Jeffrey Weiskopf, award-winning truck and commercial vehicle accident attorney and founder of Jeffrey Weiskopf, P.C., will address these New York truck and commercial vehicle lawsuits in detail. Admitted in 2007, Jeff handles trials and appeals across New York and most recently had a case that was recognized by TopVerdict among the Top 100 Personal Injury Jury Verdicts in New York for 2025.
Farmingdale High School Band Bus Lawsuits – Orange County Crash (2023–2026)
On September 21, 2023, a Regency Transportation charter bus carrying Farmingdale High School band students to camp in Pennsylvania left I-84 in Wawayanda. It crashed through a guardrail and went down an embankment, killing band director Gina Pellettiere and retired teacher Beatrice Ferrari, who was serving as a chaperone.
The National Transportation Safety Board found the crash was caused by a left-front tire that failed because it was underinflated and previously damaged. By July 2025, about 30 lawsuits had been filed against Regency, the driver, Bridgestone Americas Tire Operations, and the Farmingdale School District.
New suits were still being filed in 2026, including one in Nassau County Supreme Court claiming another bus company is Regency’s legal successor. The cases remain pending.
Bottex v. City of New York – Bronx County (October 2025)
In September 2021, construction foreman Darcy Bottex was crossing Bruckner Boulevard in the Bronx when a left-turning New York City Department of Sanitation truck struck him. He sued the City in January 2022, claiming herniated and bulging discs in his neck and back that left him unable to work.
In October 2025, a Bronx jury awarded $50.7 million, well above the reported $15 million pre-trial demand. The City disputed the extent of his injuries and argued he shared fault because he was on his cell phone.
The City has called the verdict excessive. The award remains subject to post-trial motions and appeal.
Beauchamp v. MTA New York City Transit Authority – Manhattan
On March 6, 2017, a New York City Transit bus turning left from Avenue D onto Houston Street struck a woman in the crosswalk and dragged her about 20 feet. She was left with paralysis in her left leg, and the bus driver pleaded guilty to failing to yield to a pedestrian.
A jury awarded $72.5 million, including $57 million for past and future pain and suffering and $8.5 million for future medical expenses. Her husband received $7 million for loss of services, and New York City Transit has appealed.
Davis v. New York City Transit Authority – Brooklyn (December 2023)
On January 2, 2018, a New York City Transit bus and a city Sanitation truck collided at Crescent Street and Etna Street in Brooklyn. A bus passenger sued, claiming serious injuries to the back, knees, and shoulder.
In December 2023, a jury awarded about $30 million, according to the MTA’s own litigation report. The trial court reduced the award by $7.5 million, and New York City Transit has appealed.
The same report lists a $53 million verdict in McClendon v. New York City Transit Authority, arising from a 2011 bus crash. That verdict is also on appeal.
Sang Gi Kang, et al. v. NYCTA (Dahlia Tour Bus Crash) – Queens (Settlements Through 2025)
On September 18, 2017, a Dahlia Group tour bus traveling at excessive speed ran two red lights in Flushing and struck a New York City Transit bus making a right turn. The NTSB attributed the crash to the tour bus’s unintended acceleration and the driver’s inability to brake, for reasons it could not conclusively determine.
The crash led to 24 lawsuits, including four wrongful death claims and 14 personal injury claims. Most have settled for a combined $38.17 million, with four cases still pending as of 2025.
Correa v. Cannon – Appellate Division, Second Department (July 2025)
In September 2022, a vehicle driven by Page Cannon and owned by Hermann Forwarding Co. rear-ended the plaintiffs’ car on the Van Wyck Expressway. The Queens trial court granted the plaintiffs summary judgment under New York’s rule that rear-ending a stopped or stopping vehicle creates a presumption of negligence.
The Second Department reversed on July 16, 2025. It held that the defendant driver’s sworn statement that the plaintiff stopped suddenly for no apparent reason was enough to send liability to trial.
The decision shows that even a strong rear-end claim can be contested. That is why early evidence like dashcam video and vehicle data matters.
Second Child v. Edge Auto, Inc. – New York Court of Appeals (April 2026)
In a 4-3 decision issued April 23, 2026, the Court of Appeals held that the federal Graves Amendment overrides New York’s rule requiring rental companies to provide primary liability insurance to their renters. Rental and leasing companies were already shielded from owner liability under Vehicle and Traffic Law § 388.
The court noted that rental companies can still be held liable for their own negligence, such as negligent entrustment or poor maintenance. In crashes involving rented box trucks and vans, injured people now need to focus on the driver, the driver’s employer, and any independent negligence by the rental company.
Common Legal Issues and Liability
New York law gives people hurt by commercial vehicles several ways to hold companies accountable, along with rules that shape these cases:
- Respondeat superior, which makes a trucking company or fleet operator responsible for its driver’s negligence on the job
- Vehicle and Traffic Law § 388, which makes a vehicle’s owner liable for anyone driving with permission, though rental and leasing companies are largely protected by the federal Graves Amendment
- Negligent hiring, retention, and supervision claims, which courts often dismiss when the employer admits the driver was on the job, unless punitive damages are sought
- Vehicle and Traffic Law violations, which can establish negligence, and trucking safety regulation violations, which can serve as evidence of negligence
- Westchester’s parkway truck bans, which can support a negligence claim when an illegal truck strikes a low overpass on roads like the Saw Mill River Parkway
- Broker liability for negligently selecting unsafe carriers, now permitted after the U.S. Supreme Court’s May 2026 ruling in Montgomery v. Caribe Transport II
- New comparative fault rules for motor vehicle injury cases filed on or after May 26, 2026, which bar recovery when the injured person is more at fault than the defendants combined
- The no-fault “serious injury” threshold, which must be met to recover for pain and suffering and which 2026 reforms narrowed for new cases
- Three years to file most personal injury claims and two years for wrongful death, with a 90-day notice of claim required for cases against cities, counties, and transit authorities
Damages and Compensation Sought
Injured people and families are pursuing compensation for:
- Medical expenses, past and future
- Lost wages and loss of earning capacity
- Pain and suffering, once the serious injury threshold is met
- Loss of services for a spouse
- Financial losses to surviving family members in wrongful death cases
- Conscious pain and suffering before death, through a survival claim
- In some cases, punitive damages for wanton or reckless conduct
New York still does not allow families to recover for grief in wrongful death cases. Governor Hochul vetoed the Grieving Families Act for a fourth time in December 2025.
Talk to a New York Truck Accident Lawyer Today
At Jeffrey Weiskopf, P.C., our personal injury attorneys have recovered millions for people injured by trucks, buses, and other commercial vehicles and hold negligent companies and their insurers accountable in New York state.
Contact our office to discuss your legal options. We are available 24/7, serve communities across Westchester County, and charge no fee unless we win.
References:
Large Trucks: 2024 Data (DOT HS 813 816) – NHTSA
NTSB: Tire failure caused fatal 2023 bus crash on I-84 in Wawayanda – Mid Hudson News
Lawsuit filed against bus company, driver in Farmingdale HS band crash – Patch
New lawsuit filed in deadly Orange County bus crash – News 12 Westchester
Video shows NYC garbage truck nicking pedestrian – New York Post (via AOL)
MTA material litigation report, 2025 – Metropolitan Transportation Authority
MTA bus accident verdict – Enjuris
Correa v. Cannon (2d Dept July 16, 2025) – New York Appellate Division, Second Department
Second Child v. Edge Auto, Inc., 2026 NY Slip Op 02436 – New York Court of Appeals
Circular Letter on 2026 motor vehicle tort reforms – New York Department of Financial Services
Grieving Families Act vetoed by Governor Hochul for fourth consecutive year – Hurwitz Fine
Disclaimer: The information on this page is provided for general educational purposes and is not legal advice. Reading this article does not create an attorney-client relationship.
