Injured in a Truck Accident in New York? Here’s What You Need to Know

There’s nothing minor about a truck accident in New York. Between the sheer size of the vehicle and the congested roads in places like the Bronx, Queens, or Midtown Manhattan, a single collision can have a profound impact, both physically and emotionally, as well as financially. If you're facing medical bills, missed work, or long-term pain after a trucking crash, you're not alone, and you're not without options.

Morgan & Morgan has been standing up for truck accident victims for more than three decades. We understand how trucking companies, insurers, and legal systems work, and more importantly, how to fight back when they try to undercut your rights.

After a Truck Accident, Every Move Matters

If you've just been hit by a commercial truck, you might feel dazed, overwhelmed, or unsure of what to do next. That’s a normal response, but it's also a critical moment. What you do in the minutes and hours after the crash can significantly affect your ability to recover damages later.

First things first: call 911. Even if your injuries seem minor, it’s important to let paramedics examine you. Internal injuries, like bleeding, spinal trauma, or head injuries, don’t always show up right away. Getting medical care protects your health and creates a paper trail that connects your injuries to the crash.

If you're able, gather whatever evidence you can from the scene:

• Photos of the vehicles, road conditions, and injuries
• Contact information for witnesses
• Notes on what happened, before the details fade

Once you’ve received medical attention, your next step should be to seek legal representation. Trucking companies move fast after a crash, and so should you. The earlier an attorney can get involved, the better your chances of uncovering evidence, identifying liable parties, and building a strong case.

When You’re Partially at Fault, You Can Still Recover

New York operates under a pure comparative fault system, which means your right to compensation isn’t automatically erased if you were partly to blame. Instead, your total award is reduced by your percentage of fault.

Even if you’re found 30%, 50%, or 99% responsible, you can still collect. And depending on the scope of the damages, that can still mean significant compensation. The key is building a strong case to minimize your percentage of fault and highlight the truck driver’s or company’s negligence.

Truck Accidents Are More Complex Than Car Wrecks

Truck accident cases aren’t just car accident cases with bigger vehicles. They’re legally and technically more complicated. You’re often dealing with:

• Multiple liable parties (driver, company, manufacturer, cargo loader)
• Federal safety regulations
• Black box data that must be retrieved and preserved
• Commercial insurance carriers with vast legal resources
• Different standards of driver training and maintenance

And when crashes occur in New York, where traffic laws, congestion, and urban infrastructure intersect, the situation becomes even more complex.

Understanding No-Fault Insurance and When You Can Step Outside of It

New York’s no-fault insurance system requires your own insurer to cover your initial medical bills and lost wages, regardless of who caused the accident. This is where your Personal Injury Protection (PIP) coverage comes into play.

But here’s the issue: truck accidents often cause severe injuries that far exceed the limits of your PIP benefits. In cases like these, you can file a lawsuit against the negligent party, but only if your injuries meet the “serious injury” threshold under New York law.

This includes:

• Fractures
• Dismemberment
• Permanent disability
• Loss of fetus
• Significant disfigurement
• Long-term impairment of bodily function
• Death of a loved one

If your injuries qualify, you can pursue a personal injury lawsuit that may offer significantly more compensation than what PIP provides.

Who Can Be Held Liable in a Trucking Crash?

In a typical car accident, the liable party is usually the other driver. But in a truck accident, the list of potential defendants gets longer:

• The truck driver
• The trucking company or employer
• The vehicle’s manufacturer or maintenance company
• Cargo loaders or shippers
• Third-party contractors
• Government entities (in cases involving public trucks)

Each of these parties has a role in ensuring safe operation. If they fail, even in one small way, they can be held responsible for the results.

How Black Box Data Helps Prove Your Case

Most commercial trucks are equipped with electronic logging devices (ELDs), also known as event recorders or black boxes. These devices track:

• Speed and braking patterns
• Hours of service
• GPS location
• Vehicle malfunctions
• Collision data

Black box data can be key evidence in proving fault, but it’s often only stored for a short time. That’s why it’s critical to have a lawyer demand access to it before it’s overwritten or deleted.

How Federal Law Affects Your Truck Accident Claim

Commercial truck drivers are subject to strict federal rules under the Federal Motor Carrier Safety Administration (FMCSA). These rules cover:

• How many hours a driver can work per day/week (Hours-of-Service)
• Maintenance standards
• Driver drug testing
• Load limits and cargo securement

If the driver or company violated these rules, they may be liable for gross negligence, and you may be entitled to punitive damages on top of standard compensation.

The Dangers of Fatigue and Violated Hours-of-Service

Truck drivers often face intense pressure to deliver loads on tight deadlines. As a result, some drivers falsify logs or skip required breaks, which can lead to fatigue, one of the most common causes of serious truck crashes.

If your accident was caused by a driver who was over their legal limit for hours behind the wheel, you may have grounds for a powerful lawsuit.

Why You Should Never Talk to the Trucking Company’s Insurer Alone

The insurance adjuster may seem friendly, but their job is to protect their own bottom line, not yours. They might:

• Ask loaded questions to get you to admit partial fault.
• Pressure you to take a quick, low settlement.
• Discourage you from getting an attorney.

Once you accept an offer or sign anything, it’s often game over. Let your attorney handle communication from the start. We know the tactics, and we don’t let our clients get taken advantage of.

What Kind of Compensation Can You Recover?

In a truck accident case, the compensation you may receive depends on the severity of your injuries and the strength of your case. You could be entitled to:

Economic Damages:

• Medical bills (past and future)
• Lost wages
• Property damage
• Loss of earning capacity
• Rehabilitation and therapy costs

Non-Economic Damages:

• Pain and suffering
• Emotional distress
• Loss of enjoyment of life
• Disfigurement or permanent disability

Punitive Damages:

Awarded in rare cases where gross negligence or intentional misconduct is involved (e.g., driving under the influence or falsifying logbooks).

How Long Do You Have to File a Truck Accident Lawsuit?

You only have a limited window to take legal action after a truck accident. If you wait too long, you could lose your right to pursue compensation entirely. Deadlines can vary based on the specifics of your case, so it’s important to act quickly. The sooner you get an attorney involved, the better your chances of preserving critical evidence and building a strong claim.

Let Morgan & Morgan Fight for You

Truck accidents aren’t just bigger car wrecks; they’re high-stakes, high-resistance battles involving corporate defendants, complex regulations, and serious injuries. That’s why you need a law firm with the resources, experience, and firepower to go toe-to-toe with the trucking industry.

Morgan & Morgan has recovered over $25 billion for injury victims across the nation. Our attorneys investigate every angle, preserve every piece of evidence, and fight until you get what you deserve.

No upfront costs. No out-of-pocket fees. We only get paid if we win.

Injured in a Truck Crash? Start With a Free Case Review

You don’t have to navigate this alone. If you or a loved one was hurt in a truck accident in New York, fill out our free, no-obligation case evaluation form today. One of our legal professionals will review your situation and help you understand your next steps.

Because when you’re going up against a billion-dollar trucking company, you need the strength of America’s Largest Personal Injury Law Firm on your side.