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What to Do if You’re a Truck Accident Victim in New York?

If you’re a truck accident victim in New York, seek medical help immediately. Contact the police to report the accident and collect the necessary information. Document the scene with photos and exchange details with the truck driver and any witnesses. Inform your insurance company promptly and get help from a truck accident attorney to understand your legal rights.

If you’re a truck accident victim in New York and don’t know what steps to take, Uptown Injury Law, PLLC is here for you. With 15+ years of experience, our truck accident lawyers will guide you throughout the legal process, ensuring you receive the support and rightful compensation you deserve. Contact us today for a free case review.

What Should You Do After New York Truck Crash?

If you’re involved in a New York truck crash, prioritize your safety and seek immediate medical help. Call the police to report the incident and exchange essential information with others involved. Notify your insurance company promptly. For expert guidance and support, consult an experienced New York truck accident lawyer at Uptown Injury Law, PLLC to navigate legal complexities and protect your rights.

1. Seek Immediate Medical Check-Up

After a truck accident, your first step should be to seek immediate medical attention. Even if you feel fine or think your injuries are minor, getting a thorough check-up is essential. Some injuries may not show immediate symptoms but could become severe later on. A thorough medical check-up helps identify any hidden injuries and ensures timely treatment.

Types of Injuries to Watch Out For:

  • Internal Injuries: Damage to organs may not be apparent immediately after the crash.
  • Concussion: Head injuries, such as concussions, might not show symptoms right away.
  • Whiplash: Neck injuries, like whiplash, can have delayed onset symptoms.

Remember, prioritizing your health is crucial after a truck crash. Furthermore, seeking prompt medical care will help you address potential injuries and ensure a smooth recovery.

2. Notify the Police

After a truck accident in New York, make sure to call the police right away. The police play a key role in documenting the incident, assessing the scene, and creating an official accident report. This report serves as a vital piece of evidence for insurance claims and legal proceedings.

When the police arrive at the accident scene, provide them with correct and detailed information. Be cooperative and share the facts, including the date, time, and location of the crash, as well as the names and contact details of all parties involved.

Additionally, ensure that you obtain the police report information, including the badge number and names of the responding officers. This documentation will prove invaluable as you navigate the aftermath of the truck accident and pursue a personal injury lawsuit. 

3. Exchange Information With Other People Involved

Right after the truck accident in New York, it’s essential to exchange information with the others involved. You can gather the following details, such as:

  • Name and Contact Information: Get the full names and contact number details of all parties involved, including witnesses.
  • Insurance Details: Share insurance details, including the names of insurance companies and their respective policy numbers.
  • Vehicle Information: Note down the make, model, and license plate number of all vehicles.

Being thorough in sharing these details is crucial for a smooth process afterward. It helps ensure everyone can be contacted later for statements or insurance purposes. Furthermore, this exchange of information simplifies dealing with insurance and legal matters as you move forward. 

4. Inform Your Insurance Company About the Crash

Once you’ve taken care of immediate concerns after a truck crash, the next step is to inform your insurance company. Time is of the essence in this situation, so don’t delay reaching out to them. When contacting your insurance company, provide accurate and detailed information about the accident scene, such as: 

  • The date, time, and exact location of the accident.
  • Names of all parties involved in your crash.
  • Contact information and addresses.

Additionally, explain the circumstances of the accident as clearly as possible. After that, your insurance company will guide you through the next steps, which might involve filing a claim and submitting additional documentation. 

However, being proactive and clear communication is important with insurance adjusters as this will speed up the truck accident claims process and ensure they have all the necessary information to proceed with your case.

5. Avoid Communications With Trucking Insurance Providers

It’s wise to steer clear of direct communications with commercial trucking insurance providers after an accident. These big trucking companies typically have robust legal teams and substantial insurance policies to protect their interests first. Engaging with them without proper legal guidance may put you at a disadvantage.

Commercial trucking insurance providers often prioritize their financial interests over victims’ rights, and their lawyers can be aggressive in minimizing payouts. They may attempt to gather information that could be used against you or downplay the extent of your injuries. 

To ensure a fair process, it’s crucial to have an attorney by your side before entering discussions with the trucking insurance company. This helps you handle the complexities of dealing with well-funded insurance companies and their legal teams more effectively.

6. Refrain from Discussing Your Injuries on Social Media

After a truck accident, you must be cautious about what you share on social media. Avoid discussing details about your minor and serious injuries or the accident itself online. Insurance companies and legal teams often conduct thorough research of your social media for information that can be used against you.

Even seemingly simple social posts or comments can be misinterpreted, affecting your case. Moreover, insurance providers may use your social media activity to downplay the severity of your accident injuries or argue that you’re not as affected as you claim.

To protect your case, you should refrain from sharing any information about the accident or your injuries on social media platforms until your case is resolved. This approach will ensure that your online presence doesn’t inadvertently affect the outcome of your truck accident claim.

7. Consult an Experienced New York Truck Accident Lawyer

If you’ve been involved in a truck accident in New York, consulting with an experienced truck accident lawyer is highly recommended. Navigating the legal complexities of such accident cases requires specialized knowledge, and having a seasoned attorney by your side can enhance your chances of a favorable outcome.

An experienced New York truck accident lawyer will assess the details of your case, gather compelling evidence, and work to establish liability. They understand the tactics used by big insurance companies and are adept at negotiating fair settlements. If negotiations fail to reach a fair agreement, they are prepared to advocate for your rights in court.

Therefore, reach out to an experienced truck accident attorney at Uptown Injury Law, PLLC, who can support your rights and lead you through the legal process following a truck accident. In addition, we will help you secure maximum compensation for your injuries, future medical expenses, and other damages. 

Common Causes of Truck Accidents In New York

motor vehicle accidents

In 2021, New York experienced 16,467 large truck accidents, according to the Institute for Traffic Safety Management and Research (ITSMR). The prevalent causes of these accidents include speeding, driver fatigue, and adverse weather conditions (Environmental factors contributed to 2,577 accidents in 2018, as reported by ITSMR). Other contributing causes of truck accidents in New York include:

  • Distracted driving 
  • Inadequate driver training
  • Mechanical failures
  • Improperly loading of cargo
  • Reckless driving
  • Tailgating
  • Failure to yield

These factors highlight the catastrophic nature of truck accidents, emphasizing the importance of addressing both driver behavior and external conditions to enhance road safety.

What If You’re Partially to Blame for a Truck Accident in NYC?

In New York, even if you share some blame for a truck accident, you still have the right to seek compensation due to the state’s no-fault insurance system. Under this rule, New York mandates drivers to carry Personal Injury Protection (PIP) insurance. This coverage can pay for a portion of medical treatment bills and lost wages, regardless of who caused the accident. PIP insurance typically covers up to 80% of medical bills and lost wages, with a maximum limit of $10,000.

In addition to the no-fault system, New York follows the pure comparative negligence rule. This means that even if you share some fault for the accident, you can still pursue an insurance claim for damages. However, the compensation you receive will be adjusted based on your level of fault. For example, if you’re found to be 20% at fault, your compensation amount will be reduced by that percentage.

So, being partially at fault does not stop you from filing an accident claim and seeking compensation in New York. The combination of the no-fault insurance system and the comparative negligence rule provides options for New York truck accident victims to get compensation for their damages and injuries, even in situations where the fault is shared.

How to File a Truck Accident Claim against a Negligent Party?

If you’ve experienced truck accident damages exceeding $1,000 in New York, you have the option to file a claim against the negligent party. Here are the steps to guide you through the process:

  1. Assess Damages: Begin by determining the total value of the losses and damages incurred due to the truck accident. This includes vehicle repair costs, medical expenses, and any other financial losses.
  2. Identify the At-Fault Parties: Investigate and assess which parties are responsible for the accident. This could involve multiple entities, such as the truck driver, the trucking company, or even third-party contractors.
  3. Seek Legal Representation: Hiring an experienced New York truck accident lawyer is necessary. They’ll assist you in navigating legal complexities, assessing liability, and safeguarding your rights.
  4. Gather Evidence: Collect evidence that establishes the liability of the at-fault party. This may include accident reports, witness statements, photographs, and any other relevant documentation to strengthen your case.
  5. File Necessary Paperwork: Work with your attorney to complete and file the required paperwork for your truck accident claim. This includes documentation of damages, medical records, and any relevant information about the accident.
  6. Send a Demand Letter: Your lawyer will send an official demand letter to the at-fault party’s insurance provider, outlining the damages incurred and the basis for your claim. This formal communication initiates the negotiation process.
  7. Negotiate a Fair Settlement: Your personal injury attorney will negotiate with the at-fault party’s insurance for a fair settlement. Furthermore, they will work to secure adequate compensation for your damages, ensuring you receive what you deserve.

Keep in mind that the statute of limitations to file a truck accident lawsuit in New York is generally three years from the date of the accident, and for most wrongful death claims, it is two years from the date of death. However, if any level of government is involved, shorter timelines of 90 days may apply, so it’s advisable to seek prompt legal consultation.

What Types of Compensation Is Available To Truck Accident Victims?

As a truck accident victim, you may be eligible for different types of compensation, including economic and non-economic damages.

Economic Compensation: Economic damages encompass the tangible, quantifiable losses resulting from a truck accident. This includes:

  • Medical expenses for both past and future medical treatments, rehabilitation, surgeries, and medications.
  • Reimbursement for lost income due to the inability to work during recovery.
  • Repair or replacement costs of damaged vehicles or other property.

Non-Economic Compensation: Non-economic damages are less tangible but equally significant, covering the emotional and subjective impacts of the accident. These include:

  • Compensation amount for both physical and emotional distress caused by the accident.
  • Loss of Consortium or impact on personal relationships and companionship.
  • Psychological trauma, such as anxiety or stress resulting from the truck accident.

Furthermore, punitive damages may apply in cases of extreme negligence or intentional misconduct. These damages serve to punish the at-fault driver and discourage similar negligent behavior in the future.

In the tragic event of wrongful death, compensation may include economic losses suffered by the family, such as funeral costs and loss of financial support, as well as noneconomic damages for the emotional toll and loss of companionship. Therefore, seeking legal advice is necessary to understand your eligibility for these compensation types based on the circumstances of your case. 

What Mistake to Avoid After a Truck Accident?

If you’ve been in a truck accident, avoiding certain mistakes is necessary for a successful claim:

  • Admitting Fault: Never admit you’re at fault to anyone involved. Even a simple apology might be taken as guilt. So, it’s best to say as little as possible.
  • Providing Too Much Information: Be cautious with insurance companies. Only share what your policy requires, and consult a lawyer before signing anything. Insurers may often seek reasons to minimize or deny your claim.
  • Waiting Too Long to Act: Act promptly after a truck accident. This is because strict deadlines apply, and waiting too long might jeopardize your ability to file claims within the necessary timeframes.
  • Discussing the Accident on Social Media: Avoid talking about the accident scene or your recovery online. This is because insurance companies might check your social media for evidence that could affect your claim.
  • Agreeing to a Quick Settlement: Agreeing to a quick settlement after a truck accident is a big no-no—never do it. Quick settlements might seem tempting, but they often fall short of fair compensation.
  • Not Consulting an Attorney: Neglecting to consult an attorney is risky after a truck accident. While handling it alone might seem like a good idea, the complexities involving commercial trucks and insurance companies often necessitate legal expertise. Without an experienced attorney, you may miss out on critical details and jeopardize your chances of fair compensation.

Contact Uptown Injury Law New York Truck Accident Lawyer

If you or your loved one is dealing with the aftermath of a truck accident, initiate the path to recovery by reaching out to Uptown Injury Law, PLLC, today. For more than 15 years, our skilled truck accident lawyers have been assisting accident victims in the Bronx, Manhattan, Queens, Brooklyn, and the NYC Metro Area. We’re here to guide you through the process, making sure you get the compensation you deserve.

At Uptown Injury Law, PLLC, we take pride in our outstanding results, exceeding $100 million for clients in New York City. Your recovery matters to us. For a free consultation and a personalized assessment of your situation, call us at 917-540-8728

FAQs

What to Do after a Truck Accident in New York?

After a truck accident, firstly prioritize safety and seek immediate medical attention. Next, notify the police, exchange information with others involved, and promptly inform your insurance company. Finally, consult a New York truck accident lawyer to guide you through the next steps.

Why Should You Hire a Truck Accident Lawyer?

Hiring a truck accident lawyer is necessary for navigating the legal complexities. They bring expertise to assess your case, gather evidence, and negotiate with insurance companies. Moreover, with their guidance, you increase your chances of receiving fair compensation.

How Much Is My Truck Injury Case Worth?

Determining the worth of your truck injury case depends on various factors, such as the extent of injuries, medical expenses, and lost wages. However, consulting a lawyer helps evaluate these elements and provides a clearer understanding of potential compensation.

Should I Take the First Settlement Offer after a Truck Accident?

No, you should never quickly accept the first settlement offer after a truck accident. Early settlement offers often fall short of fair compensation. Instead, consult with a truck accident lawyer who can evaluate the settlement offer, negotiate on your behalf, and ensure you get the full compensation amount you deserve.

What Are the Common Types of Accidents and Injuries in New York Truck Accidents?

In New York truck accidents, common types of accidents include rear-end collisions, jackknife incidents, and side-impact crashes. These accidents often result in various injuries, such as whiplash, spinal injuries, and traumatic brain injuries.

Who Is Responsible for a Truck Accident in NY?

Truck accidents in NY often involve multiple parties, such as the truck driver, truck company, and potentially third parties. Therefore, identifying responsibility requires a comprehensive investigation, and consulting a New York truck accident lawyer can help navigate the complexities and identify liable parties for a robust case.

How Much Time Does It Take to Resolve a Truck Accident Claim in New York?

Resolving a truck accident claim in NY may take months or even years. The timeframe varies due to factors like investigations, negotiations, and the case’s complexity. However, seeking early guidance from a lawyer ensures a thorough and timely process for achieving a fair resolution.

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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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