A truck accident can be overwhelming, but the steps you take immediately afterward can impact your ability to obtain compensation. If you’ve been in a crash with a truck, you may be wondering what to do next.
So, what should you do after a truck accident in New York? You should notify the police, exchange information with the other parties, seek medical attention, and contact a lawyer.
If you’ve been in a truck accident, it’s natural to be unsure about what to do next. A truck accident lawyer in Long Island can assess your case, investigate the crash, and help you pursue the compensation you deserve.
What Should You Do After a Truck Accident in New York?
After a truck accident in New York, you should:
- Call 911: If anyone is injured or there is significant property damage, call the police right away. They will create an official accident report, which will be crucial to your case.
- Document the scene: Take photos of the vehicles, road conditions, traffic signs, and any visible injuries.
- Exchange information: Collect contact and insurance details from the truck driver and any witnesses. Be sure to note the truck’s license plate, the company name, and the DOT number.
- Get medical attention: Even if you feel fine, it’s important to see a doctor. Some injuries (like whiplash or internal bleeding) don’t show symptoms right away, and documentation of your condition will be crucial to your case.
- Avoid admitting fault: Don’t apologize or speculate about what happened. Statements like “I didn’t see them” or “I’m sorry” can be used against you.
- Contact a lawyer: A truck accident lawyer can explain your legal options and help you decide what to do next.
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How Long Do You Have to Report an Accident to Insurance in NY?
If you’ve been in a truck accident, most insurance companies require notification within 30 days. However, you should contact a truck accident attorney first so that they can handle communications with your insurer.
What Happens if You Don’t Report an Accident in NY?
Failing to report a truck accident can lead to serious consequences. If you don’t report the accident to the Department of Motor Vehicles (DMV) within 10 days and someone was injured or killed, or there was over $1,000 in damage, you could:
- Lose your driver’s license
- Face fines or other civil penalties
- Lose coverage from your insurance company
Even if you weren’t at fault, not reporting the accident may make it more difficult to recover compensation later. Always err on the side of caution and report the accident promptly.
What Happens if I Don’t File an Insurance Claim?
Not filing an insurance claim may seem like a way to avoid premium increases, but it can backfire. Here’s what might happen:
- You pay out of pocket: If your injuries worsen or your vehicle needs more repairs, you’ll be on the hook for the full cost.
- Loss of legal rights: If you don’t file a claim within the required timeframe, you could forfeit your right to compensation, even if the truck driver was clearly at fault.
- Denial of future coverage: Your insurance company may flag your policy for failure to report an accident, especially if the other driver files a claim against you.
If you’re unsure about filing a claim, an attorney can help you determine the best course of action.
What Not to Say to the Insurance Company After an Accident
Insurance adjusters might seem friendly, but their job is to minimize payouts. Here’s what not to say to them:
- “I’m not hurt.” Even if you’re not in pain, saying this can weaken your case.
- “It was my fault.” Admitting fault (even casually) can be used against you later.
- “I think…” or “Maybe…” Never speculate. Instead, stick to the facts about the crash.
- “I’ll give a recorded statement.” Don’t agree to this without consulting a lawyer.
- “I’ll settle right now.” The first settlement offer is usually much lower than what your case is actually worth.
If you speak to an adjuster, keep your statements brief, factual, and non-committal. To avoid compromising your case, contact an attorney right away so they can handle communications with adjusters.
Can I Sue the Trucking Company?
Yes, you can sue the trucking company after a crash, but only in certain circumstances. Trucking companies can be held liable for accidents caused by:
- Negligent hiring or training of drivers
- Poor truck maintenance
- Pressuring drivers to violate hours-of-service rules
- Allowing overloaded or unbalanced cargo
- Encouraging unsafe driving practices
Additionally, if the truck driver was an employee (not an independent contractor), the company is generally responsible for their actions under New York law. A lawyer can help you identify all liable parties, which may include the driver, trucking company, cargo loaders, and even vehicle manufacturers.
How Can a Truck Accident Lawyer Help?
Truck accident cases are often more complex than car accident cases. A lawyer can help by:
- Investigating the crash: A lawyer can gather critical evidence like dashcam footage, driver logs, maintenance records, and black box data.
- Calculating damages: A lawyer can evaluate your medical bills, lost wages, and other losses to determine how much compensation you’re entitled to.
- Negotiating with insurance companies: An attorney can protect you from lowball settlement offers and work to secure a fair payout.
- Representing you in court: If negotiations fail, a lawyer can file a lawsuit on your behalf and represent you in court.
How Long Do I Have to File a Truck Accident Lawsuit in NY?
According to Section 214 of NYS Open Legislation, the statute of limitations for most truck accident lawsuits is three years from the date of the crash. If you fail to file before this deadline, you’ll lose your right to pursue damages.
However, exceptions may apply in the following cases:
- Claims against a government entity (such as a city-owned truck) require a Notice of Claim within 90 days. The lawsuit itself must be filed within 1 year and 90 days.
- Wrongful death lawsuits must be filed within two years of the person’s death.
- If the victim is a minor, the three-year statute of limitations’ clock typically won’t start until they turn 18.
How Much Are Most Truck Accident Settlements?
Truck accident settlements can range from a few thousand dollars to upwards of $1 million. Your claim’s value will depend on factors such as the severity of your injuries, lost income, and the cost of your property damage. A truck accident attorney can help you fight for a fair settlement.
Contact a Truck Accident Lawyer Today
If you’ve been involved in a truck accident in New York, the most important decision you’ll make is hiring legal representation. An experienced truck accident lawyer from Chaikin Trial Group Injury Lawyers can help you file a claim, deal with insurance adjusters, and secure the compensation you deserve.
Schedule a free consultation to take the first step toward rebuilding your life.