What to Do After a Truck Accident in New York

Any vehicle crash is a lot to deal with, but an accident involving a commercial truck is especially complicated. Multiple insurers and confusing policies add significant pressure while you’re dealing with painful injuries, and it is hard to know what to do next. When you’re involved in these crashes, there are several steps that protect your claim and your rights. A New York truck accident lawyer from Friedman & Simon, L.L.P. can provide you with powerful legal representation every step of the way.

Make Sure You Get Medical Care and Report the Accident

One of the most important things you can do first is seek medical care after a truck crash. Call 911 from the scene and let emergency responders check you and anyone else involved. Police will also document the crash, and you'll want a copy of that report later. See a doctor if you were hurt in the accident, and follow through with the treatment they recommend. Truck crashes often cause injuries like concussions and back injuries that worsen in the days after the collision. Your medical records also show the connection between the crash and your injuries, which a New York truck accident lawyer will rely on when building your claim. New York also requires drivers to file a Report of Motor Vehicle Accident (MV-104) with the DMV within 10 days when a crash causes an injury, a death, or more than $1,000 in property damage. (If you choose to retain our law firm, we will take care of this for you.)

For a free legal consultation, call (516) 932-0400

Document the Scene and Gather Information

Evidence is essential in any commercial vehicle claim. If you're physically able and it is safe to do so, please take photos before the vehicles are moved. Capture the damage to each vehicle, the road conditions, skid marks, traffic signals, and any spilled cargo. Photos of your visible injuries may also be useful. Video footage of these items can also be helpful. Trucks carry identifying details that passenger cars don't, so make sure that you write down or photograph:

• The trucking company's name on the cab door
• The USDOT number, typically posted on or near the truck’s door
• The truck and trailer numbers
• The driver's name, commercial driver's license (CDL) information, and insurance details

Make sure that you ask witnesses for their names and phone numbers. Their accounts often carry weight when the trucking company disputes what happened. We suggest that, as soon as you are able, you write down everything you remember about the crash. Details fade quickly, and your notes give your New York truck accident lawyer from Friedman & Simon, L.L.P. a starting point for the investigation.

Why It’s Important to Document Truck Accident Evidence Quickly

Commercial trucks produce records that passenger vehicles don't. Most of this evidence is in the trucking company's hands, and it won't stay there long. Key evidence in a truck accident claim includes:

• Electronic logging device (ELD) data showing the driver's hours on the road
• The truck's event data recorder, or "black box," which tracks speed, braking, and other details leading up to the impact
• Driver qualification files, including licensing, training, and drug testing records
• Maintenance and inspection logs

Federal Motor Carrier Safety Administration (FMCSA) rules require trucking companies to keep hours-of-service records for only six months. Black box data is often overwritten once the truck returns to service, sometimes within days. Nearby businesses also record over their surveillance footage on a regular cycle. New York truck accident lawyers send preservation letters, also called spoliation letters, that put the trucking company on notice to keep this evidence. The earlier that letter goes out, the better your chances of obtaining the records you need.

Be Careful When Speaking With Insurance Companies

Trucking companies and their insurers move fast after a crash. Some send rapid-response teams to the scene within hours to start building their side of the story. You'll likely hear from an adjuster soon after. They often sound friendly and concerned, but their job is to limit -or even entirely eliminate-what the company pays. Before agreeing to a recorded statement, it is wise to first speak with an experienced truck accident attorney. Among the various ways the lawyer will seek to protect you is to strongly advise you not to guess about fault or downplay your injuries, since those comments often resurface later to reduce your claim. Be cautious with early settlement offers, too. Once you sign a settlement, you typically give up the right to seek more compensation, even if your injuries turn out to be worse than expected. Speaking with a New York truck accident lawyer from Friedman & Simon, L.L.P. before you respond will significantly increase the likelihood that you will recover what your claim is worth.

Click to contact our personal injury lawyers today

How New York No-Fault Rules Apply to Truck Accidents

New York is a no-fault state. After a truck accident, your own personal injury protection (PIP) coverage pays your medical bills and a portion of your lost wages up to set limits, regardless of who caused the crash. No-fault applications have a short filing deadline, so submit yours to your insurer as soon as possible. Serious truck accidents often cause losses well beyond what no-fault covers. When your injuries meet New York's serious injury threshold, or your economic losses exceed $50,000, you have the right to bring a claim against the at-fault party for the rest of your losses, including pain and suffering.

Who Is Liable for a Truck Accident?

Truck accident claims often involve more than one responsible party. The driver is the obvious starting point, but trucking companies are typically responsible for their drivers' actions as well as their own hiring, training, and scheduling decisions. Cargo loaders, maintenance contractors, parts manufacturers, and freight brokers may also share liability when their mistakes contribute to a crash. A New York truck accident lawyer investigates the role each of these parties may have played in causing the accident, since every additional source of insurance coverage affects how much compensation is available.

Complete a Free Case Evaluation form now

Act Before Important Deadlines Pass

New York sets a deadline for filing a lawsuit after a truck accident. If you file after it passes, a court will almost certainly dismiss your case. Evidence has its own timeline. A witness who saw the crash may be easy to reach within a week of the accident, but months later they might have moved or changed numbers. Nearby businesses usually keep security video for a short time before recording over it. Trucking companies don’t keep every record forever. Contacting a New York truck accident lawyer from Friedman & Simon, L.L.P. soon after the crash gives your legal team more time to find witnesses and secure evidence while it's still available.

Commercial Insurance Companies Are Aggressive, but So Is Our Team

Focus on recovering from your injuries, not arguing with insurers. Friedman & Simon, L.L.P. has advocated for injury victims since 1991, and we know how to manage these companies that refuse to make victims whole. Our New York truck accident lawyers know what's at stake, and we’re prepared to do what we can to level the odds against these big companies. Someone’s negligence resulted in your losses, and we’re here to make things right. When you’re able, we encourage you to call our firm for a free and confidential consultation.

Call or text (516) 932-0400 or complete a Free Case Evaluation form