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How Long Do You Have to File a FedEx Truck Accident Lawsuit in New York?

In New York, the time limit for filing a FedEx truck accident lawsuit is determined by the state’s statute of limitations. This legal deadline typically ranges from one to three years, depending on the circumstances of the case

While the timeline may seem enough, truck accidents are complex and need thorough investigation and negotiation with the insurance companies, which takes time. Therefore, it’s crucial to act promptly. Waiting too long could result in your case being dismissed. Additionally, delays can result in evidence being lost or witnesses becoming unavailable.

If you’ve been injured in a FedEx truck accident in the Bronx, Queens, Manhattan, Brooklyn, or the NYC Metro Area, Uptown Injury Law, PLLC, can help. With 15+ years of experience and securing more than $100 million for our clients in both verdicts and settlements, we can help you file your accident claim and ensure you meet all the deadlines. So, schedule your free consultation now!

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What Is the Deadline for Filing a FedEx Truck Accident Lawsuit in NYC?

In New York City, the statute of limitations determines the deadline for filing a lawsuit after a FedEx truck accident. This timeframe varies depending on the nature of the case.

Statute of Limitations for FedEx Truck Crash Cases in New York

  • For Personal Injury Cases: If you sustained injuries or damages in a FedEx truck accident, you have three years from the accident date to file a lawsuit seeking compensation. This includes expenses such as medical treatment bills, lost wages, and pain and suffering.
  • For Wrongful Death Cases: If the FedEx truck accident resulted in the loss of a loved one, you have two years from the date of death to file a wrongful death lawsuit. This legal action aims to obtain compensation for expenses like funeral costs, loss of financial support, and emotional distress.
  • Involvement of Government Entities: If any level of government entity is involved in the FedEx truck accident, such as a city or state agency, there is a stricter timeline to adhere to. In such cases, you must file a claim within six months from the accident date. Failure to meet this legal deadline can result in losing your right to seek compensation.

Can You Seek Compensation After Missing the NYC Statute of Limitations?

Unfortunately, if you miss the statute of limitations deadline for filing a lawsuit in New York City, you may lose your legal right to seek compensation for your injuries or losses. The court will likely dismiss your case if it is filed after the applicable statute of limitations expires. So, don’t delay seeking our legal counsel to protect your rights and get the compensation you rightfully deserve.

How Do New York State Laws Impact Your Ability to File a Lawsuit?

New York State laws significantly affect your ability to file a lawsuit. Firstly, New York operates under a no-fault system for motor vehicle accidents, including those involving FedEx trucks. This means that regardless of who caused the accident, your own insurance company generally covers your medical treatment expenses and lost wages up to your policy’s limits. However, exceptions exist for cases of serious injury.

If you get a “serious injury” as defined by New York law, you may step outside the no-fault law and can file a personal injury lawsuit against the at-fault party, such as FedEx or its driver. Serious injuries include:

  • Significant disfigurement
  • Bone fractures
  • Significant limitation of use of a body function or system
  • Permanent limitations in the use of a body organ/member
  • Medically determined injury or impairment preventing the injured person from performing daily life activities for at least 90 days within 180 days post-injury.

Moreover, New York follows a comparative negligence system, allowing you to recover losses even if you were partially at fault for the accident. However, your compensation amount may be reduced in proportion to your percentage of fault.

In addition to state laws, New York also enforces FMCSA regulations for commercial trucks, including FedEx vehicles. These regulations set standards for driver qualifications, vehicle maintenance, hours of service, weight limits, and more. Violations of these laws and regulations can significantly impact liability in a FedEx truck accident case.

Who Can You Sue For Your Fedex Truck Crash In NYC?

If you’re involved in a FedEx truck crash in NYC, you may have grounds to sue various parties depending on the circumstances. Here’s who you might consider suing:

  • FedEx company for negligence in hiring, training, or supervising the driver.
  • Truck driver for personal negligence, such as reckless driving.
  • Maintenance companies for inadequate upkeep of the FedEx truck.
  • Manufacturers for defective parts contributing to the crash.
  • Third-party contractors for cargo loading or securing negligence.
  • Government entities for poor road conditions or faulty signage.
  • Other negligent drivers involved in the crash.

Determining liability in a FedEx truck crash can be complex, requiring a thorough investigation and legal expertise. In such cases, consulting with our experienced New York truck accident lawyers can help you identify all potentially responsible parties and get the compensation you deserve.

Evidence You Need to Prove Fault in Fedex Truck Accidents

To establish fault in FedEx truck accidents, you’ll need solid evidence to support your claim. This evidence can include:

  • Statements from individuals who witnessed the accident scene. 
  • Official reports filed by police.
  • Photographs of the entire accident scene, vehicle damage, skid marks, and surveillance footage.
  • Electronic data recorders (EDRs, capture minor information about vehicle speed and braking. 
  • Records of the FedEx truck driver’s hours of service and rest breaks. 
  • Documentation of the truck’s maintenance history. 
  • Testimony from accident reconstruction experts or medical specialists. 

At Uptown Injury Law PLLC, our experienced legal team can assist you in gathering, analyzing, and presenting this evidence effectively to support your compensation claim. We understand the complexities of FedEx truck accident cases and are dedicated to assisting you get justice for your damages and losses. Call us now at 917-540-8728 for a free case review.

Why Do You Need To Hire a Fedex Truck Accident Lawyer?

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Hiring an Uptown Injury Law, PLLC FedEx truck accident lawyer is crucial for several reasons. Firstly, these cases involve complex legal and insurance issues that can be challenging to handle alone. Our experienced delivery truck attorney can help you understand your legal rights, assess the strength of your injury case, and advocate on your behalf to ensure you receive fair compensation amount for your injuries and losses.

Secondly, FedEx truck accident cases often involve multiple parties, including the trucking company, maintenance companies, third-party contractors, and other motorists. Our New York truck accident lawyer can handle communications and negotiations with these parties, protecting your interests and ensuring that you do not mistakenly say or do anything that could harm your case.

Furthermore, you can count on our leading investigative resources and legal expertise to thoroughly examine New York truck accidents. We gather strong evidence, including eyewitness testimonies, accident reports, and expert analysis, to support your truck accident claim. With the help of our lawyer, you can focus on your physical recovery while we work tirelessly to pursue the compensation you rightfully deserve.

Damages You Can Receive After a Truck Crash With FedEx

After a truck crash involving FedEx, you may be eligible to get various types of damages to compensate for your losses. These can include economic damages, such as lost earnings, medical bills, and property damage incurred due to the accident.

Additionally, you may seek non-economic damages, such as pain and emotional suffering, mental stress, and loss of enjoyment of life, to compensate for intangible harm caused by the crash. In cases of extreme negligence, the court may grant punitive damages to penalize the at-fault party and discourage similar behavior in the future.

How Quickly Are FedEx Truck Accident Lawsuits Settled in New York?

The timeline for settling FedEx truck accident lawsuits in NY can vary significantly depending on various factors. While some cases may resolve relatively quickly, within a few months to a year, others may take much longer to resolve. Factors that can extend the timeline include:

  • Severe bodily injuries that require extensive medical treatment and rehabilitation. 
  • Multiple defendants involved or third-party liability claims. 
  • Disputes over liability by insurance companies.
  • Court procedures, such as motions, discovery, and trial preparation, can prolong the resolution of the case.

Get the Compensation You Deserve: Schedule Your Free Consultation Today!

If you or someone you love has been involved in a FedEx truck accident in the Bronx, Manhattan, Queens, Brooklyn, and the NY City Metro Area, Uptown Injury Law, PLLC is here to help. We deeply understand the physical, emotional, and financial toll such accidents can have on truck accident victims and their families. Our legal team has 15 years of experience in handling FedEx truck accident cases and has a track history of securing $100 million in both verdicts and settlements for our clients.

So, don’t wait to seek the justice and compensation you deserve. Schedule your free consultation with Uptown Injury Law, PLLC, today. Our compassionate attorneys will carefully listen to your accident story, assess your case, and provide personalized guidance and support throughout the legal process. Remember, you don’t pay us unless we win your case. Contact us at 917-540-8728 to take the first step toward recovery and justice.

FAQs

What Is the NY Statute of Limitations for Bodily Injury?

In New York, the statute of limitations for bodily injury claims, including those from FedEx truck accidents, is generally three years from the accident. However, exceptions may apply, so you should immediately consult with an injury lawyer to discuss your case’s timeline.

Can I Still Pursue Compensation If I Was Partially at Fault for The Accident?

Yes, you can. New York operates under a comparative negligence system, allowing you to seek compensation amount even if you were partially at-fault. Your percentage of fault may reduce your recovery, but you can still pursue damages for your injuries and losses.

Do I Need to Go to Court to Resolve my FedEx Truck Accident Claim?

Not necessarily. Many claims are settled out of court through negotiations between attorneys and insurance companies. However, if a fair settlement amount cannot be reached, the case may proceed to trial, where a judge/jury will determine the outcome.

How Much Will it Cost to Hire a FedEx Truck Accident Attorney?

At Uptown Injury Law, PLLC, you won’t incur any upfront costs for hiring a FedEx truck accident attorney. We operate on a contingency fee basis, meaning you only pay if we win your case. Our legal fee is a percentage of the final settlement or verdict, making our legal services accessible to all. Get a free case review now!

Can I Still File a Claim if the FedEx Truck Driver was Not at fault for the Accident?

Yes, you can still file a compensation claim even if the FedEx truck driver was not at fault. Liability for FedEx truck accidents may extend to other parties, such as the trucking company, third-party contractors, or other negligent drivers involved in the accident. A proficient motor vehicle accident attorney can help you determine the responsible parties and pursue your claim accordingly.

What If I Sustain Injuries in a Hit-and-Run Accident Involving a FedEx Truck?

If you sustain bodily injuries in a hit-and-run accident involving a FedEx truck, you still have options for seeking compensation. You should immediately report the accident to the authorities and gather available evidence, such as witness statements or surveillance footage. Additionally, consulting with a skilled attorney can help you explore avenues for recovery.

What Should I Do if I Get in a FedEx Truck Accident?

If you get in a FedEx truck accident, prioritize your safety and well-being first. Seek medical attention for any injuries and immediately report the accident to the authorities. Gather evidence, such as photographs of the scene and contact information from witnesses. Finally, consult with a qualified attorney as soon as possible to safeguard your rights and explore your legal options.

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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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