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Steps to Take after Truck Accident in New York

After a truck accident in New York, ensure your and everyone’s safety by checking for injuries and calling 911 if needed. Once you’ve ensured everyone’s safety, inform the police and file a report. Next, while waiting for the police to arrive, collect evidence and exchange contact information with other parties and eyewitnesses.

Furthermore, notify your insurance provider to start the claims process and refrain from admitting fault or providing recorded statements without your lawyer’s advice. Finally, consult an experienced truck accident attorney. A lawyer will confidently handle all the legal details of your case so that you can focus on your well-being.

If you find yourself in a NYC truck accident, Uptown Injury Law, PLLC stands ready to protect your rights fearlessly. Our truck accident attorneys will gather all necessary evidence to advance your personal injury claim and engage directly with the at-fault party’s insurer to achieve the highest possible compensation for your losses. Therefore, we encourage you not to delay and begin your 100% free case evaluation with us today or call 917-540-8728.

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What Should You Do After an NYC Truck Accident?

The large size or weight of commercial trucks heightens the risk of severe damage and injuries. Therefore, to safeguard your rights and ensure you seek fair compensation for your damages or injuries, you must follow several steps following a truck accident in New York City:

Step 1: Check for Any Injuries and Prioritize Medical Attention

The most immediate step after a truck accident is to check yourself and other people for injuries. To do this, call 911 to contact the paramedics and receive thorough medical assistance as soon as possible.

Even if your injuries seem minor or non-existent, you should visit a healthcare professional to seek medical attention. This is because some injuries, such as whiplash and internal bleeding, may not show symptoms right away but could have long-term impacts.

Additionally, consulting a doctor will help you document your injuries for the insurance claims process and prevent any future complications.

Step 2: Inform the Police and File a Report

If you are in a truck accident anywhere in New York City, you should contact the police as soon as possible, even if your accident seems minor. Once the police arrive at the accident location, they will evaluate the circumstances and gather essential evidence. This includes capturing images or videos of the vehicles involved and photos of any skid marks on the vehicle necessary for the investigation.

After thoroughly investigating the scene, the police will file an official accident report. This report will contain the following information that strongly strengthens your claim: 

  • The accident’s time, date, and location.
  • Names and contact information of everyone involved.
  • A detailed description of vehicle damage and injuries.
  • Statements from witnesses.

After the report is filed, request a police officer to provide you with a copy of an accident report so you can later file a claim with your insurance company.

Step 3: Collect Evidence and Exchange Contact Information

While waiting for the arrival of the police, gather as much evidence as possible. It will support your version of events and determine who is at fault. Therefore, ensure you collect the following documentation:

  • Photographs of the accident scene.
  • Document the positions of vehicles and any skid marks.
  • Traffic signs or signals.
  • Poor road and weather conditions.
  • Any other visible damages or other relevant factors.
  • Recorded statements from eyewitnesses.

Additionally, you should exchange information with the other parties involved, including eyewitnesses. This includes obtaining their names, contact details, addresses, and insurance information. Remember, exchanging details with other parties will speed up the claims process and build a strong case in your favor.

Step 4: Notify Your Insurance Provider and Start the Claims Process

Contact your insurance company to report the accident as soon as possible. In New York, you must notify the accident to your insurance company within 30 days of the date of the accident. If you fail to meet this deadline, your insurer may have a valid reason to reject your claim, leaving you without compensation.

Once you’ve notified your insurer about the accident, you must start the claims process. To do this, provide your insurance company with complete details about the accident, such as the date, time, location, medical expenses, lost earnings, copy of the police report, and witness statements. 

Additionally, ensure you maintain copies of all communications with your insurance company, such as emails, letters, or phone records. This documentation will help you monitor your claim’s progress and verify that your insurer treats your case fairly.

If your insurance company dismisses your claim or proposes an unsatisfactory settlement, consult Uptown Injury Law, PLLC, to explore your legal options. Our team of New York truck accident attorneys will assist you in filing a lawsuit and help you secure the maximum compensation for your injuries or losses.

Step 5: Refrain From Admitting Fault or Providing Recorded Statements

After an accident involving a truck, be cautious about what you say. The trucking insurance company might contact you shortly after the incident. You’re not required to engage in conversation with them. However, if you choose to speak, do not admit fault, as your words could be used against you in the claims process.

Similarly, the insurer may suggest recording your statement to streamline your claim. This is a common pitfall that could jeopardize your chances of securing fair compensation.

Therefore, to avoid risking your claim and compensation, you should connect the insurance adjuster to communicate directly with our truck accident attorney. At Uptown Injury Law, PLLC, our team will professionally handle settlement disputes with an insurer and help you get the fair compensation you deserve.

Step 6: Be Cautious About Sharing Details on Social Media

It might be tempting to share your experience on internet forums. But do not broadcast details of injuries or damages on your social media accounts. Insurance companies and legal teams often search through your social media accounts for such information to use it against you or to reject your claim.

For your best interest, maintain privacy around these matters until your attorney successfully concludes your claim and ensures you receive the highest compensation for your losses.

Step 7: Adhere to Your Doctor’s Advice for Follow-up Appointments

You should obey your doctor’s order on follow-up appointments until you fully recover or achieve maximum medical improvement (MMI). Reaching MMI is important as it reveals the full scope of your injuries.

If you haven’t reached MMI and later discover further injuries, you won’t be able to file a claim for any additional damages.

Additionally, if you fail to follow your doctor’s advice, you give the insurance company a chance to challenge your claim or suggest that your injuries are not genuine.

Step 8: Seek Legal Assistance From a Skilled Truck Accident Attorney

Finally, you should consult a New York truck accident lawyer who specializes in similar cases. Trucking accidents involve complex legal challenges, including liability determination and complicated insurance claims. An attorney with years of experience dealing with truck accident claims has the knowledge to guide you through the process. 

They will thoroughly review your case details, collect evidence, and construct a solid claim on your behalf. Likewise, a truck accident lawyer’s proficiency in engaging with insurance companies and negotiating settlements can boost your chances of securing fair compensation for your damages. 

Reach out to Uptown Injury Law, PLLC, for expert legal assistance. Our team of truck accident lawyers will guide you through the steps after an accident in New York and manage the legal process on your behalf.

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What if You’re Partially at Fault for the Truck Accident? 

Even if you share some responsibility for a truck accident, you still have the right to seek compensation under New York’s pure comparative negligence system. Under this law, the amount you can recover is reduced based on your fault percentage.

For instance, if you are 40% at fault, you can only claim 60% of the damages from the at-fault truck driver or company, with your insurance covering the remaining 40% of your damages.

Furthermore, New York also follows the no-fault insurance system. This means you can’t sue the other party directly to claim your damages. In such cases, you must file your lawsuit with your insurance company and carry Personal Injury Protection (PIP) or Medpay coverage. These types of insurance will cover your injuries and losses. But, if your damages exceed PIP’s limits, you might seek additional compensation from the responsible trucking company or driver.

However, to pursue a personal injury lawsuit against the negligent party, your injuries need to meet certain criteria, including:

  • A bone fracture.
  • Complete disability for at least 90 days.
  • Permanent limitation on the use of a bodily system or function.
  • Permanent restriction on the use of a limb or body organ.
  • Significant disfigurement.
  • A significant limitation on the use of a physical system or function.

How Can a NYC Truck Accident Attorney Help You?

Following a New York truck accident, you might find yourself dealing with both physical pain and financial burden and uncertain about how to cover medical expenses. Such an incident can completely disrupt your life. Despite the impression that the insurance company compensates for your damages, their interests often don’t align with yours. They may attempt to minimize your claim to offer you a settlement that falls short of truly compensating your losses. 

In such cases, seeking the assistance of a truck accident attorney becomes crucial. At Uptown Injury Law, PLLC, our truck accident attorneys will take over the settlement disputes with insurance adjusters on your behalf. Additionally, we will utilize reliable methods to accurately calculate the worth of your damages and construct a strong case for you.

Our seasoned personal injury attorneys will help you pursue compensation for a range of damages, including:

  • Expenses for the current and future medical treatment.
  • Lost wages and potential future earnings.
  • Reimbursement for the loss of enjoyment in life. 
  • Emotional suffering and emotional distress. 
  • Loss of consortium. 
  • Wrongful death damages. 
  • In certain instances, punitive damages to punish the responsible party for their negligence.
  • Permanent disabilities or disfigurement. 

Start Your Free Case Evaluation With Uptown Injury Law Truck Accident Lawyer

When you get hurt in a truck accident, the road to recovery can seem difficult. At Uptown Injury Law, PLLC, we offer not just legal representation but a supportive partnership to guide you through this challenging time. Our team of New York truck accident attorneys relieves you of the financial burden and maximizes your chances for a favorable outcome.

What Advantages Do We Offer to Our Clients?

  • Personalized Attention: Every case is unique, and so are you. We will give your case the personalized attention it deserves and ensure every detail of your accident is thoroughly addressed. 
  • No Upfront Costs: We believe in access to justice for everyone, which is why we operate on a contingency fee basis. This means YOU PAY US NOTHING UNLESS WE WIN YOUR CASE. Your focus should be on recovery, not on legal fees.
  • Expertise in Truck Accident Claims: With a track record of 15+ years in managing truck accident claims and achieving over $100 million in settlements and verdicts, our team is well-equipped to confront large trucking companies and their insurers on your behalf. 
  • Maximizing Your Compensation: We’re committed to securing the highest settlement amount to cover your medical bills, lost income, pain and suffering, and more. We’re not just about winning cases but about rebuilding your life.

So, don’t wait and schedule your FREE consultation today or call us at 917-540-8728.

FAQs

How Do I Report a Truck Accident in New York?

To report a truck accident in New York, you need to submit a Report of Motor Vehicle Accident with the Department of Motor Vehicles (DMV). You can find the form online at the DMV’s website. In addition, you can obtain it from your local precinct or police service area. This is an important step for insurance purposes.
However, remember to submit this report within 10 days of the accident, especially if the collision resulted in property damage exceeding $1,000 to any individual involved. If you fail to submit this report on time, it can lead to the suspension of your driver’s license.

What Damages Can I Claim After a Truck Accident in New York?

In a New York truck accident, you can seek compensation for various damages. These include medical bills, lost income, pain and suffering, wrongful death, and future damages. If the truck driver or the negligence of a trucking company caused the accident, you might also claim punitive damages.
However, the damages you’re entitled to differ based on the distinct details of your accident. So make sure to consult a Uptown Injury Law New York truck accident lawyer to fully grasp your legal rights and the damages you can claim.

What Is the Average Truck Accident Settlement?

According to the Federal Motor Carrier Safety Administration (FMCSA), the settlement amount for truck accidents is around $91,000. However, this number can soar to $3.6 million in the tragic event of a fatality. If the crash results in property damage, the average settlement is approximately $15,144. Furthermore, the trucking accident involving injuries result in a settlement amount of $200,000.
However, the actual settlement you may receive depends on many factors. These factors involve the severity of your injuries, the costs of your medical treatment, the extent of property damage, and the laws and regulations of the state where the accident occurred.

What Are the Most Common Injuries in Truck Accidents?

Due to the large size and weight of trucks, these commercial vehicles cause more severe injuries. Common injuries involve but are not limited to, internal injuries, head and neck injuries, traumatic brain injuries (TBI), lacerations, amputations, back injuries, whiplash, soft tissue damage, and post-traumatic stress disorder (PTSD).
Such injuries can make your recovery process lengthy and expensive. If you’ve been a victim of such an unfortunate accident, reach out to Uptown Injury Law. Our team of New York truck accident attorneys will relieve your financial burden so you can fully focus on your health and recovery.

What Are Common Driving Errors by Truck Drivers That Lead to Accidents?

Common driving errors by truck drivers that lead to accidents include fatigue from long hours on the road (drowsy driving), driving under the influence, distracted driving (using a phone or other electronics), speeding, not adhering to safety regulations, improper loading of cargo, and failure to maintain the truck. Similarly, inadequate driving experience and pressure to meet tight delivery schedules can also contribute to these errors.

When Should You Contact a New York Truck Accident Lawyer?

After an accident, if you’ve suffered an injury and experienced the tragic loss of a loved one. In such cases, you should seek the expertise of a truck accident attorney without any delays. They will help you deal with the trucking company and its insurers, ensuring you receive the maximum settlement.
At Uptown Injury Law, PLLC, our attorneys will investigate your accident scene and can secure a settlement that is worth your injuries and damages.

What Is the Statute of Limitations on a Truck Accident Claim in NY?

In New York, the statute of limitations for filing a truck accident claim is 3 years (two years for wrongful death) from the date of the accident. However, there are exceptions to this rule. For example, claims against government entities may require a notice of claim within 90 days of the accident.
So, you should file your claim as soon as possible after the injury. If you fail to submit a claim within the legal deadline, it can result in losing your right to receive compensation.

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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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