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Hit in a Commercial Truck Accident While Cycling

Truck bicycle accident

If you’re a cyclist sharing the road with motorists, you must adhere to the safety protocols for your protection. However, even with necessary precautions, collisions involving bicycles and trucks can occur. 

If you’re involved in a truck accident, your first step should be to evaluate yourself for injuries. After that, call 911 to report the accident and seek medical help. Following this, use your smartphone to capture the accident scene. Lastly, refrain from discussing the accident details with insurance companies until you consult with an experienced truck accident lawyer

If a negligent truck driver hits your bicycle in New York, reach out to Uptown Injury Law PLLC. Our truck accident lawyers will assist you through the steps following a collision, negotiate with the insurance companies on your behalf, and, if needed, pursue litigation to secure full compensation for your damages.  Start your FREE CASE REVIEW today or give us a call at 917-540-8728

What Steps You Should Take After Being Hit by A Truck? 

To safeguard your rights, successfully file a claim and obtain the maximum compensation after a truck accident, make sure to follow the below steps:

Step 1: Call the Police 

First and foremost, call the police immediately after the accident. When the police arrive at the accident location, they will conduct their investigation, collect details from all involved parties, and thoroughly evaluate the situation. Following this analysis, a responding police officer will file an official police report.

A formal police report is not just a legal requirement but also an important piece of evidence that documents the facts of the accident, the parties involved, liability, and the cause of your crash. Furthermore, this report will support you in submitting an insurance claim and provide clarity on your case if it goes to trial. 

Step 2: Move to a Safe Spot and Get Medical Help

Your safety is important in bicycle-truck accidents. Move yourself and your bicycle to a safe area to avoid further traffic risks. After that, seek medical attention from paramedics promptly, regardless of the severity of your injuries. This is because some injuries, like head injuries and whiplash, may not show symptoms immediately but could worsen over time. 

However, getting a medical evaluation from a doctor will help you determine the seriousness of your injuries and ensure they are officially documented. This way, insurance adjusters can’t discredit your claim. This helps you increase your chances of receiving the highest compensation for your injuries and damages.

Step 3: Collect Evidence at the Scene of Accident

While at the scene, gather as much evidence as possible. This may include: 

  • Images of the accident scene from various angles.
  • Any visible injuries you sustained.
  • Damages to your bicycle and personal items. 
  • Videofootage from nearby security cameras that may have captured the accident. 

In addition to the photographic evidence, write down notes to capture all details before leaving the accident scene. Also, engage with everyone present at the scene, such as witnesses, the commercial truck driver, and a police officer, and request their contact information and, if applicable, insurance details. This information can prove invaluable in constructing a comprehensive account of your accident.

Step 4: Exchange Information With Involved Parties

Exchange essential information with the parties involved in your crash, such as the truck driver and eyewitnesses. You may exchange the following information: 

  • Names
  • Contact details and addresses
  • Insurance information 
  • Any relevant trucking company information 

Sharing details with other parties boosts your chances of receiving maximum compensation and strengthens your statement in front of insurance adjusters and judges. 

Step 5: Document Your Injuries and Damages

It is important to document the repair or replacement costs for your bicycle and any other personal items damaged or lost in the accident. Also, document your injuries, treatments, pain, and any symptoms in a medical report immediately following a truck accident.

If your medical report doesn’t provide details about your injuries and body part disabilities, then an insurance company may reject your claim by arguing that your injuries are not serious due to lack of prompt medical care. 

So, to protect yourself against such insurance company tactics, you must undergo a thorough medical examination by a physician. This way, you’ll understand the nature and extent of your losses and prove your case strongly for future compensation claims. 

Step 6: Do Not Admit Fault 

After an accident, be careful of your statements or words when detailing the incident, and don’t admit fault. This can significantly complicate the determination of liability. Moreover, insurance companies may soon contact you and offer to record your statements by pretending that they will speed up your claim process. 

Be aware of this approach because such recorded statements can be used against you to reduce your settlement amount. To deal with these situations, you must seek guidance from a truck accident attorney. A lawyer will take over all interactions with the insurance company for you and defend your rights in the courtroom. 

Step 7: Consult With a Commercial Truck Accident Lawyer

Following a bicycle collision with a commercial vehicle, you’ll likely face numerous challenges. However, immediately hiring a lawyer can help you deal with such situations. They will guide you through the legal process, represent you in negotiations with the insurance company, and, if necessary, undergo litigation to ensure you receive the compensation you’re entitled to. 

Furthermore, a lawyer will ensure you don’t miss the legal deadline to file your claim, which is the expiration date by which you must take legal action to preserve your rights. For instance, in New York, you have three years to file a lawsuit (two years for wrongful death) from the date of your accident. But, having an attorney by your side can help you easily meet all the deadlines specific to your state and ensure you pursue compensation within the necessary timeframe.

Consult with Uptown Injury Law PLLC for top-tier legal counsel. We’ll manage all the legal processes for you so you can focus on your well-being and recovery. 

How Dangerous Are Truck-Bicycle Accidents?

Truck-bicycle accidents are among the most hazardous situations cyclists can encounter. These commercial vehicle accidents account for nearly 30% of all fatalities among cyclists. Other than this, the size and speed of large trucks can result in catastrophic injuries to cyclists, including:

  • Whiplash
  • Internal bleeding
  • Amputations
  • Broken bones
  • Bruises and cuts
  • Serious head injuries and concussions
  • Injuries to the spinal cord
  • Traumatic brain injuries

Moreover, if you have suffered multiple injuries, highlighting all of them in your truck accident claim can be difficult without a deep understanding of the legal process. To do this efficiently, contact Uptown Injury Law, PLLC, as soon as possible. We’ll get expert opinions to understand the extend and calculate the accurate value of your injuries or damages.

What Causes Commercial Truck Accidents in New York?

Commercial truck accidents

Blind spots, visibility issues, distracted driving, and fatigue usually cause bike collisions with commercial trucks and other motor vehicles in New York.

Blind Spots

Commercial trucks have large blind spots on their sides and rear, making it difficult for drivers to see you, especially when making right turns. Be extra cautious at intersections, corners, slopes, and during poor weather conditions, as these factors can limit visibility. 

Remember, if you find yourself in a truck’s blind spot, the trucking driver may be unaware of your presence. You should make yourself clearly visible and able to predict potential blind spot areas to avoid accidents.

Distracted Driving

Your safety can be at risk when truck drivers are distracted by phone calls, music, or conversations with passengers. These distractions reduce the truck driver’s ability to spot you and react in time. Always assume that drivers may not see you and be ready to take evasive action if necessary. 

Fatigue

Many commercial vehicle drivers are on the road for long hours, which can lead to fatigue. A driver’s reaction time and judgment are impaired, increasing the risk of accidents. Be exceptionally watchful during early morning and late evening hours, when drivers are likely to be tired. Your ability to anticipate and react promptly to potential hazards can keep you safe.

Poor Maintenance

Trucking companies must maintain their vehicles properly, but this doesn’t always happen. A truck with poorly maintained brakes, lights, or other critical components is a hazard. Be alert to signs of malfunction, such as strange noises or uncertain driving patterns, and keep a safe distance. Your attentiveness to these details can prevent accidents.

Driving Under the Influence (DUI)

Alcohol and drugs reduce a driver’s reaction times, judgment, and coordination, making DUI a significant risk. Be especially cautious when DUI is prevalent, such as late nights and holidays. Taking proactive measures like using well-lit routes and wearing reflective clothing could enhance your visibility and safety.

Who Is Liable if I Am Hit by a Commercial Truck?

Any individual whose wrongful actions cause your accident could be held liable. However, you should be aware that the truck driver may not be the only one responsible for total compensation. Various other parties could also be partially or fully liable for the truck wreck, such as: 

  • The truck employer
  • Trucking parts manufacturer (in case of faulty truck parts or system malfunction)
  • Cargo owners, loaders, and shipping companies
  • Third-party drivers
  • A government entity responsible for poor maintenance of roads

To hold the true party accountable for your accident, seek help from a seasoned truck accident attorney at Uptown Injury Law PLLC. We will thoroughly investigate your case and pinpoint all parties who may be liable for your damages. This will multiply your chances of receiving fair compensation for your losses.

How Much Commercial Truck Accident Settlements Worth?

Calculating the value of a commercial truck accident settlement is no simple task, as each case is unique. If your truck accident results in a permanent disability, the settlement value can exceed $1 million. 

On the other hand, if your injuries are serious but not as severe, like fractures or head trauma, settlements often fall between $400,000 and $500,000. Conversely, these figures are averages, and the actual value of your settlement will hinge on various factors, such as: 

  • The extent of injuries or property damage.
  • The medical expenses incurred for your treatment.
  • The specific laws and regulations in your state.

Contact Uptown Injury Law, PLLC to understand the factors influencing the value of your case. Our attorneys will assess all the damages and injuries you’ve encountered and guide you to an accurate value of your claim. 

How Do You Prove the Negligence of the Responsible Party?

To hold the at-fault party accountable for their negligence, you need to establish four key elements such as: 

  • Duty of Care: Establish that the at-fault party (truck driver) was responsible for maintaining safety on the road towards you and other users. For example, if you were involved in a truck accident, you must show that the other driver owed you a legal duty of care to drive their vehicle cautiously. 
  • Breach of Duty: Show that the at-fault truck driver failed to uphold his responsibility through their negligent actions. For example, if the other driver was texting while driving, they breached their duty of care by not paying attention to the road.
  • Causation: You’ll need to prove the at-fault driver’s breach of duty directly led to the harm you experienced. For instance, if the other driver’s failure to stop at a red light is the cause of your accident and injuries, you must link their breach of duty directly to your crash and injuries.
  • Damages: Document the specific damages or losses you have suffered. This includes medical bills, lost wages, and property damage.

Damages Recoverable in a Truck Accident Claim

In a commercial vehicle accident, you can claim the following damages: 

  • Medical expenses for both minor and severe injuries. This includes physical therapy, medications, and rehabilitative services needed to aid in your recovery. 
  • Costs of repairing and replacing your damaged property, such as your vehicle and any personal belongings. 
  • Lost wages or your inability to return to your work. 
  • Emotional pain and suffering and mental anguish.
  • Long-term disability that stops you from participating in activities you once enjoyed. 
  • Punitive damages in instances of reckless conduct by the commercial vehicle driver. These damages are given to punish the liable parties and to deter such behaviors in the future.

In a bicycle accident involving a truck, you should be aware that multiple insurance policies might come into play to cover your losses. Typically, the at-fault driver’s insurance will cover most of your expenses. However, you might also have access to benefits through your own health insurance or personal injury protection (PIP) coverage, which can further cover your medical bills and related costs. 

That’s why you must consult a truck accident attorney to review your insurance policies. A lawyer will help you understand how your insurance coverage can recover damages. 

Consult Uptown Injury New York Commerical Truck Accident Lawyer 

Experiencing a bicycle accident can be life-altering. It may leave you with physical pain, long-term disabilities, emotional trauma, and financial burdens. However, you don’t have to navigate these challenges by yourself. At Uptown Injury Law PLLC, we will fight for the maximum compensation for your injuries or damages. Our skilled team of truck accident attorneys allows you to focus on your recovery while we manage all legal proceedings on your behalf. 

With a consistent track record of securing over $100 million in settlements or verdicts, our legal team stands ready to win your truck accident claim. Similarly, our excellence in legal representation is affirmed by numerous five-star reviews from clients who have experienced our commitment and expertise firsthand.

So, don’t wait. Start your COST-FREE CASE EVALUATION today, or give us a call at 917-540-8728

FAQs

What Are the Causes of Truck Accidents?

Common causes include blind spots, distracted driving, driver fatigue, poor vehicle maintenance, and driving under the influence (DUI). Being a cyclist, you should be extra cautious at intersections, be aware of large trucks, and ensure you’re clearly visible to all road users to reduce the risk of accidents.

Who Can Be Held Liable in Bicycle Truck Accidents?

In bicycle truck accidents, various parties can be held accountable for negligence. This may involve the truck driver, the trucking company, vehicle manufacturers (in cases of equipment failure), entities that served alcohol to impaired drivers, and even government organizations responsible for maintaining safe road conditions.
To figure out who’s responsible for your accident, consider consulting with Uptown Injury Law, PLLC. Our experienced truck accident attorneys will uncover every potential party liable for your accident and help you secure top compensation for your damages.

What Type of Compensation Can I Expect After a Commercial Truck Accident?

Compensation varies significantly based on the severity of injuries and damages. It can include medical expenses, vehicle damage, lost income, emotional distress, and, in some cases, punitive damages. Hence, consult with a truck accident lawyer to accurately evaluate your claim and secure fair compensation for your damages.

What Steps Should I Take if a Box Truck Swerved and Injured Me While Cycling?

If a box truck injures you while cycling, the first step is to get immediate medical attention, regardless of your injury’s severity. After ensuring safety and health, gather evidence, such as pictures of the accident site, the vehicles involved, and the contact information of witnesses. 
Additionally, contact police authorities to file an accident report. Following this, contact your lawyer immediately to understand your legal rights and the worth of your truck accident settlement.

Can the American Trucking Association Report Help Me Understand My Legal Rights After an Accident?

The American Trucking Association (ATA) provides valuable reports and resources that can offer insights into the safety standards and regulations governing the trucking industry. While these reports may not directly address individual legal rights following an accident, they can serve as a resource for understanding industry practices, safety compliance, and accident statistics. 
For specific legal advice and to protect your rights after an accident, consult a Uptown Injury Law PLLC lawyer specializing in truck accidents and personal injury law.

Can I Seek Compensation if I Am Also at Fault in a Truck Accident in NYC?

Yes. In New York State, the pure comparative negligence rule allows you to seek compensation for a crash, even if you share some responsibility. Under this rule, the compensation you’re entitled to will be reduced by your level of fault percentage. 
For instance, if you’re 40% responsible for an accident, you can recover 60% of your losses from the negligent party. Your insurance company may cover the remaining 40% of your damages. However, you can only receive full compensation if the other party is completely at fault.

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Kyle Newman Founder and Senior Trial Lawyer at Uptown Injury Law New York's Best Personal Injury Medical Malpractice and Accident Law firm New York's Top Trial Lawyers
WRITTEN AND REVIEWED BY
Kyle Newman Founder and Senior Trial Lawyer at Uptown Injury Law New York's Best Personal Injury Medical Malpractice and Accident Law firm New York's Top Trial Lawyers

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