How Can I Prove That the Truck Driver Was Negligent in Causing the Accident?
Accidents involving semi-trucks and other commercial vehicles are overwhelming, stressful, and often devastating. Knowing what to do after a truck accident in New York is critical. At Greenspan & Greenspan Injury Lawyers, we understand the confusion and fear that can follow these serious crashes. Since 1959, our attorneys have proudly fought for the rights of injured New Yorkers, working tirelessly to ensure they receive the compensation they deserve and the care they need for long-term recovery. We are here to guide you through the chaos, step by step. Contact us today for a free consultation: 914-946-2500
Key Points
- Truck Accidents Often Lead to Severe Injuries and Complex Claims If you’re wondering what happens if you get hit by a semi truck, know that these crashes often result in serious injuries, extensive medical treatment, and long-term impacts. Liability may involve the truck driver, the trucking company, or other parties.
- Take Immediate Steps to Protect Your Health and Legal Rights If you’re asking what should I do if I am injured in a truck accident, start by getting medical care, reporting the crash, and documenting the scene. Avoid speaking with insurance adjusters until you’ve consulted with a lawyer.
- An Attorney Can Help You Navigate the Claims Process Truck accident cases involve federal regulations, commercial insurance policies, and aggressive defense teams. An experienced attorney can investigate the crash, identify liable parties, and pursue full compensation on your behalf.
Truck Accidents Can Be Life-Altering
Truck accidents are not like typical car accidents. Semi-trucks can weigh up to 80,000 pounds, making any collision with a passenger vehicle far more dangerous. According to the Institute for Traffic Safety Management & Research, over 1,100 large truck crashes were reported in 2022, and 126 fatalities were associated with those crashes. Death is obviously the most severe consequence of a trucking accident, but others often include serious injuries, mounting medical bills, lost wages, and emotional trauma. Without experienced legal guidance, victims often face aggressive insurance companies, complex liability issues, and significant financial pressure.
What to Do After a Truck Accident
There are some critical steps to take after a truck accident that can help protect your rights and strengthen your case. Let’s take a look at these steps in greater detail.
1. Call Emergency Services
Your health and safety come first. Call 911 immediately. New York law requires that any driver involved in an accident resulting in injury or death must report the accident to law enforcement. This also ensures that police are on site to make an official report regarding the accident, which will be important for your case.
2. Seek Immediate Medical Attention
Even if you believe you were not seriously injured, some injuries, like internal bleeding or concussions, are not immediately obvious. Prompt medical evaluation also documents your injuries for your claim and demonstrates that the injuries do, in fact, correspond with the accident that occurred.
3. Document the Scene
If you can, take photos and videos of the vehicles, road conditions, skid marks, traffic signs, and your injuries. Gather contact information from witnesses and other involved parties, including the truck driver’s employer. If you need to receive immediate medical attention, you should prioritize that over scene documentation.
4. Avoid Speaking to the Trucking Company’s Insurer
Insurance companies often attempt to minimize payouts. That’s how they make their money. It is important to avoid making statements or accepting early settlement offers without consulting an attorney. Once you have accepted a settlement offer, you cannot go back and ask for more.
5. Contact a Truck Accident Lawyer
Truck accidents can have some nuances, so working with an attorney familiar with these types of cases is important. An experienced attorney can help you gather evidence, identify liable parties such as trucking companies, maintenance providers, and manufacturers, and handle communications with insurers.
What Should I Do If I Need to File a Truck Accident Claim?
Filing a truck accident claim in New York requires thorough preparation and legal strategy. Here are the essential steps to take:
- Preserve evidence. Save medical records, accident reports, vehicle repair invoices, and correspondence with insurance companies.
- File a no-fault insurance claim. Under New York’s no-fault law, you must first file a claim with your insurance company for basic medical expenses and lost wages.
- File a personal injury lawsuit if necessary. If your injuries meet New York’s “serious injury” threshold, you may pursue a lawsuit against the at-fault parties for additional damages like pain and suffering.
Navigating these steps alone can be difficult. Our lawyers are ready to handle every part of your claim, allowing you to focus on healing.
Common Steps to Take After Suffering an Injury
If you sustained injuries, there are several steps to take after a truck accident injury to protect your well-being and legal rights, including:
- Follow your doctor’s treatment plan. Attend all follow-up appointments and therapies, even if you are starting to feel better.
- Maintain a journal. Document how your injuries impact your daily life, work, and emotional health to help prove the overall effect on your well-being.
- Stay off social media. Insurance companies often monitor social media accounts for evidence to use against your claim.
- Work closely with your attorney. Share all developments and concerns with your legal team to ensure they have the complete picture.
The more transparent you can be with how your injuries have impacted your life, the better your chance of receiving the compensation you deserve.
Greenspan & Greenspan Injury Lawyers Is Here for You
We consider it an honor to represent clients after truck accidents. Our legal team is committed to winning fair settlements and fighting for your full and lasting recovery. We understand the challenges you are facing, and we are ready to take immediate action on your behalf, from investigating the crash to negotiating with insurers and, when necessary, taking your case to trial. You deserve a team that will not sit back and hope for the best. We provide aggressive, compassionate representation every step of the way.
Take the Next Step: Contact Us Today
You do not have to face the aftermath of a truck accident alone. Knowing what to do after one is only the first step. Having a strong, experienced legal team by your side is crucial for the road ahead.
At Greenspan & Greenspan Injury Lawyers, we are committed to helping New Yorkers rebuild their lives with dignity and strength. Call us today for a free consultation if you or a loved one has been injured. Let us fight for the full and fair recovery you deserve.
FAQs
What happens if you get hit by a semi truck in New York?
You may suffer serious injuries and property damage, and you may be entitled to compensation from the truck driver, the trucking company, or other liable parties. Semi truck collisions often involve commercial insurance policies and require an in-depth investigation.
What should I do if I am injured in a truck accident?
Call 911 immediately, seek medical attention, and report the crash to police. If you’re able, take photos of the scene and collect witness information. Then contact an experienced truck accident lawyer to protect your rights and begin building your claim.
Who can be held liable in a semi truck accident?
Depending on the circumstances, liability may fall on the truck driver, the trucking company, the cargo loader, the truck’s maintenance provider, or a third-party vehicle. Identifying all liable parties is key to maximizing your recovery.
What types of compensation can I recover after a truck accident?
You may be entitled to compensation for medical bills, lost wages, future medical care, pain and suffering, and emotional distress. In severe cases, damages may also include loss of earning capacity or long-term disability.
Is there a deadline for filing a truck accident claim in New York?
Yes. In most cases, you have three years from the date of the accident to file a personal injury lawsuit. If a government vehicle was involved, you may have only 90 days to file a Notice of Claim. Acting quickly is essential.
