Truck Accident Attorney in New York

Every step you take after such an accident should be aimed toward protecting your health and preserving your claim. In the process, it is quite easy to make mistakes that could jeopardize your claim.

We always advise our clients to seek immediate medical attention by calling 911, even before they contact us to discuss the case. That's because their health and well-being come above anything else. 

A common mistake we have seen many claimants make after such accidents, which, unfortunately, can prove costly, is failure to seek medical attention even if they believe their injuries are minor. Some of these injuries may not be immediately apparent (think of internal bleeding as an example) but could have long-term consequences for your health if you do not act fast. 

Before the ambulance and police officers arrive at the scene, you should try as much as you can to preserve evidence from the accident. This could help strengthen your case. 

By nature, truck accidents can cause so much pain and confusion, so don't focus too much on gathering evidence if it's not possible. Only do that if circumstances allow. 

The kind of evidence you gather can also help our attorneys build a strong case. Here, we may want to see the following:

• Images of the accident scene 
• Contact information from any witnesses who saw the accident.  
• A copy of the police report, usually through the state's Department of Motor Vehicles.
• Records of any medical reports, bills, or correspondence related to the accident and your injuries.

Once that's done, get legal representation as soon as possible. The more you delay getting a lawyer, the harder it is to fight. 

Attorneys work best when they have enough time to investigate and build a strong case. Although they may still be able to help even if you have limited time left to file a claim or lawsuit, the general rule is that the sooner, the better.

Yes. In New York, the legal principle of "pure comparative fault" comes into play in such cases. This means that even if you are partially responsible for the accident, you can still pursue a claim for compensation, but the amount of compensation you may receive will be reduced based on your percentage of fault. So even if you were 1% at fault, you could still claim compensation for that percentage. It may seem little on paper, but if your case was worth $10 million, one percent of that is $100,000, which is not a small amount by any standards. 

Speaking of deadlines, you only have three years to sue the party responsible for your injuries and losses, starting from the date of the crash. Failing to file a lawsuit within the prescribed time frame can result in the other party filing a motion to dismiss. When that happens, the judge will likely rule that your case has been barred from proceeding.

New York's "No-Fault" system runs on the assumption that no one is at fault for the accident, despite the fact that, technically, you may have been injured due to someone else's fault. Instead, this system comes into play to ensure that the injured can receive prompt compensation, regardless of who is at fault for the accident. 

That's the whole point of having Personal Injury Protection (PIP) as part of the state's auto insurance policy. This coverage, provided by your own insurance carrier, covers medical expenses and lost wages that derive from injuries sustained in a motor vehicle accident.

Because truck accidents often lead to serious injuries, it is possible that whatever your PIP insurance covers is just a fraction of what is required to treat your injuries and restore you to the state you were in before the accident. In such a case, you may be able to 'step out' of the state's no-fault system. This is only possible if you meet the criteria for a serious injury as defined in Section 5102(d) of the state's insurance law. 

These include conditions such as the death of a loved one involved in the accident, dismemberment, serious disfigurement or a fracture, loss of an unborn baby, permanent or serious limitation of use of a body organ, function or system, and significant disability expected to last at least 90 days.

If your case meets this threshold, you typically have a three-year timeframe to file a personal injury lawsuit against the other party.

New York's complex traffic laws or the insurer's unwillingness to settle should not stop you from fighting for your rights. You have rights that deserve to be respected and protected. Not sure if you have a valid claim? Fill out our free case evaluation form to get started.