Motorcycle crashes are often complex, but when the at-fault driver is operating a company or commercial vehicle, determining who is legally responsible becomes even more challenging. These cases frequently involve multiple parties, corporate insurance policies, and liability questions that demand skilled legal handling.
Understanding how responsibility is divided between the driver and their employer can make the difference between a denied claim and full financial recovery. If you were injured in a motorcycle accident caused by a delivery truck, corporate van, or any company vehicle in New York City, knowing your rights is essential.
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—Mitchell Proner
Understanding Liability in Motorcycle vs. Commercial Vehicle Crashes
When a commercial vehicle collides with a motorcycle, liability doesn’t stop with the driver behind the wheel. Under New York law, the company that owns or operates the vehicle may also be held responsible for the employee’s actions if the crash occurred while they were performing work-related duties.
This legal concept, known as vicarious liability or respondeat superior, means an employer can be held accountable for negligence committed by their worker — even if the employer wasn’t present at the scene.
Examples include:
- A delivery driver speeding to meet a deadline.
- A maintenance contractor distracted by a work call.
- A rideshare driver using a company-insured vehicle.
In each case, both the driver and the company may share responsibility for the injuries and damages suffered by the motorcyclist
When Employers Are Legally Responsible
Employers are typically liable if the employee was acting “within the scope of employment” when the crash occurred. This includes driving to make deliveries, service calls, or transport goods for business purposes.
However, companies often deny responsibility, claiming the worker was “off duty” or using the vehicle for personal reasons. An experienced motorcycle accident attorney can investigate GPS data, work schedules, and dispatch logs to prove that the driver was indeed performing job duties at the time of the collision.
In some cases, a company may also be directly negligent — for example, by:
- Failing to properly maintain the vehicle.
- Ignoring safety violations or traffic complaints.
- Hiring unqualified or unlicensed drivers.
Each of these factors can increase the employer’s liability and strengthen your case for compensation.
With 30 years of experience winning top settlements, we know how to deal with insurance companies and the legal system. You’re in the best hands with us.
—Mitchell Proner
Common Scenarios Involving Company Vehicles
Motorcycle accidents involving corporate or commercial vehicles occur daily across New York City. Common examples include:
- Delivery trucks and vans rushing through intersections.
- Utility or construction vehicles making sudden lane changes.
- Corporate fleet cars driven by employees commuting to meetings.
- Rideshare or contractor vehicles operating under company insurance policies.
Because commercial insurance limits are typically much higher than personal policies, these claims can result in significant compensation — but they are also more aggressively defended by insurance companies and corporate legal teams.
Steps to Take After Being Hit by a Company Vehicle
If you’re a motorcyclist struck by a commercial vehicle, taking the right steps immediately can protect your health and your legal rights:
- Call 911 and request a full police report. Make sure the officer notes that the vehicle was company-owned.
- Get medical attention immediately, even if injuries seem minor.
- Photograph the scene, vehicle logos, license plates, and driver IDs.
- Avoid speaking to insurance adjusters or company representatives before consulting a lawyer.
- Contact a motorcycle accident lawyer in NYC to handle communications and preserve critical evidence.
A knowledgeable attorney can obtain vehicle maintenance records, driver employment contracts, and corporate insurance details — information essential to proving employer liability.
How a Motorcycle Accident Lawyer Can Help
Corporate defendants and their insurers are known for pushing quick, low settlements — often before the full extent of injuries is known. Without legal representation, victims risk losing thousands in future medical bills and lost income.
At Proner & Proner, our motorcycle accident lawyers have decades of experience handling cases involving commercial and company vehicles. We work with investigators, accident reconstruction specialists, and medical experts to prove negligence and demand the maximum compensation available under New York law.
Whether your crash involved a delivery van, company truck, or contractor vehicle, we’ll pursue every liable party — from the driver to the employer — to ensure you get the recovery you deserve.
Your Next Step Toward Justice
Not just any helmet will do. To comply with New York law, a motorcycle helmet must:
- Be DOT-certified
- Have a visible DOT sticker on the back
- Feature a hard outer shell, an impact-absorbing inner liner, and a secure chin strap
- “Novelty” or decorative helmets are not legal
Wearing a helmet that doesn’t meet these standards is legally equivalent to not wearing a helmet at all.
Yes, You Can Sue—Even If the Driver Fled
Just because the driver fled the scene doesn’t mean you’re out of options. Whether through your uninsured motorist policy or a lawsuit if the driver is found, you still have a path to justice.
An experienced New York motorcycle accident attorney can help you secure the compensation you deserve—even if the person responsible tried to disappear.
FAQ
Yes, although it may affect the compensation amount. Speak with a lawyer to evaluate your specific case.
New York follows a “comparative negligence” rule, meaning you can still receive compensation even if you were partly responsible.
In New York, you generally have up to 3 years to file a personal injury claim. The sooner you act, the better your chances of success.





