If you or someone close to you is involved in a truck accident, it is normal to feel pain, shock, and confusion. You may be worried about what to do after a truck accident. This comprehensive guide will provide you with the step-by-step process for you to properly protect your health, rights, and road to injury recovery.
So, let’s get started. Thousands, if not tens of thousand commercial trucks travel across the New York tri-state area delivering groceries, supplies, and more.
When truck accidents occur, the lives of all involved can change in a second. We highly recommend contacting one of our experienced Queens trucking accident attorneys for a consultation.
The proof is in the data. In the U.S., New York is ranked 11th fortraffic accidents fatalities. The same study found that large trucks comprise 10% of the fatalities, and passenger trucks comprised 75% of the fatalities, respectively.
What Should You Do Immediately After a Truck Accident?
Your safety comes first after a truck accident. So, take a slow, deep breath. Look at yourself and everyone else in your car, and make sure you are not bleeding or feeling any pain. Sometimes, body pain or injuries do not show up right after truck accidents.
If you are not in pain and your car is still working, move it out of the main traffic lane. Try to get onto the shoulder or into a safe area away from moving cars. Leaving your car in heavy traffic can add more risk.
Also, turn on your hazard lights. Use them so others know your car is not moving like normal. These lights help other drivers see you, even when the weather is bad or it is dark.
Moreover, before you get out of your car, check for danger. Look for leaking fuel, fire, smoke, or sparks. If you see any of these, leave your car quickly. Try to help others if you can, but keep yourself safe. Stand far from the vehicles and well away from the road.
Who Should I Call After a Truck Accident?
You need to call 911 after a truck accident, no matter how big or small the wreck looks. You should do this for two main reasons. First, emergency medical teams will arrive quickly to care for anyone who is hurt.
Second, the police will arrive to look at the crash and report the accident. The police report is important because it will record what happened, who was there, and what the police saw at the scene. All of this helps you build a strong claim.
Should I Go to the Hospital After a Truck Accident?
Yes, you need a doctor after a truck accident, even if you feel fine or just a little sore. You must get checked because a crash can hide injuries that do not show up for hours or days. For example, things like traumatic brain injuries, internal bleeding, or torn muscles are not always obvious right away.
So, go to a doctor or hospital as soon as you can. When you see a doctor, the medical report will link your injuries to the accident. This record is important if you are seeking money to pay for your medical care.
If you wait too long before going to the doctor, it may be hard to prove that the accident caused your injury.
What Should I Do at the Scene of a Truck Accident?
Try to stay calm at the accident scene. You need to get information from the truck driver. Remain polite and do not talk about blame or who caused the accident.
You should also gather these details:
- Name and contact for the truck driver.
- The driver’s license number and the name of the state that gave it to you.
- Name of the trucking company and how to reach them.
- The number on the truck’s plate.
- Most of the time, you can find the DOT number and the motor carrier number on the side of the truck.
- The insurance provider and policy number for the truck company.
What Evidence Should I Gather After a Truck Accident?
Your phone is a useful tool at the crash scene. Take clear photos and short videos of everything you can from different angles. Try to get pictures of:
- The truck damage
- Damages to your vehicle
- Skid marks on the road
- The weather at the time
- Traffic lights and signs nearby
- Your visible injuries
If anyone saw the crash, ask for their name and contact information because witnesses help a lot. Witnesses are used for the testimony regarding how the accident occurred, which can provide important details of the crash. Sometimes a witness’s statement shows how fast the truck was going or if they made a quick move.
Collecting Special Evidence: Black Box Data and Digital Records
Most big commercial trucks have a ‘black box’ also known as an event data recorder. It saves statistics regarding the truck’s speed, brakes, steering, and other mechanical components before and during a crash. These vital metrics illustrate what system failures occurred seconds before impact.
To get black box data, you must move fast. A truck company does not have to keep this data long, sometimes only for weeks. If you wait too long, that proof can be erased or overwritten.
Traffic accident lawyers protect against the destruction of evidence, such as loss of data from the “black box,” by sending a letter addressed to the trucking company called a “spoliation letter”. Spoilation letters notify trucking companies that they are legally required to preserve evidence related to the accident or fact adverse consequence at the time of Trial.
What Should You Not Do After a Truck Accident?
After a truck accident, DO NOT say you are sorry or accept blame for causing or contributing to the accident. Something as simple as the word ‘apology’ can hurt your claim later.
Only tell the truth. Do not guess about how fast anyone was going or who caused what. Let the police do their job. Do not talk to the trucking company or their insurance adjusters about the details of the accident.
Should I Talk to the Trucking Company’s Insurer?
No, you should not talk to the trucking company’s insurer. Soon after the crash, the truck company’s insurance people will call you. They may sound friendly, but their real job is to protect the company’s rights.
As such, instruct the trucker’s insurance carrier to direct all communications to your attorney and that you are no longer to be contacted unless in the presence of your attorney. This is a protection that prevents you from accidentally saying something to the trucker’s insurance carrier that would hurt your case.
This means that you DO NOT let the trucker’s insurance carrier record your conversation.
Steps to Take After a Truck Accident in the Following Days
Here are the steps you should take in the days after a truck accident:
- Keep records of all doctor visits. These records include: the complaints that brought you to the doctor; what the doctor told you; and what treatment and or medicine you received.
- Ask for copies of every test, bill, or doctor note.
- Keep pharmacy and medical equipment receipts.
- Make notes about each call with the insurance companies. Write down the name, date, time, and topic of discussion.
- Ask for important things in writing, as this helps keep the records clear. You can then exchange information with your lawyer.
Make sure all your proof is ready and checked before making final choices. Wait to sign anything or agree to a settlement until you ask a lawyer. Sometimes insurance adjusters try to settle your claim too fast, for less than what you deserve.
Records to Keep After a Truck Accident?
You should keep:
- Police report.
- Costs for health care and data copies.
- Some evidence for buying medicine and emergency supplies.
- The letters or emails you received from insurance companies.
- Pay records showing lost workdays.
Keep a journal that notes the days and times you feel pain. You should also note if any daily activities cause you pain. The Journal should ultimately describe how your injuries make daily life more difficult. These notes demonstrate pain and suffering to insurance adjusters or the jury.
Remember, the more you save, the stronger your claim will be later. Good records can help prove your pain, time off work, and other losses.
Do I Report the Truck Accident to My Own Insurance?
Yes, you should. You should inform your insurance company about the truck accident as soon as possible. This step is very important, even if you think the other driver caused the crash. New York uses a no-fault system for car and truck accidents. Your Personal Injury Protection (PIP ) coverage pays for some of your medical bills and lost wages, usually up to $50,000, depending on your care insurance policy limits, no matter who caused the accident.
Tell your insurance just the basics first. They need to know the date, time, and place of the crash. You don’t have to get into specifics about your injuries or say who was at fault right away. Your PIP claim helps pay for hospital bills and lost wages while your main claim is being processed.
At the same time, you will get help right away for urgent needs. Always keep track of what your insurance says, and save every paper or email you get about your claim.
What if the Truck Driver is From Out of State?
Many trucks in New York are from other states. If the driver is not local, do not worry. You may still file a lawsuit and maintain a claim against him, but you will need expert help.
A New York truck accident lawyer understands these cross-state cases and knows both local and national rules. They can ensure your rights are safe.
In general, jurisdiction rules decide where a case is heard. Your lawyer can guide you through every step. An experienced lawyer can also handle all communication for you. They will explain the deadlines, help collect out-of-state records, and take the stress out of the process so you can focus on recovery.
When to Contact a Lawyer After a Truck Accident?
You should contact a lawyer immediately after a truck accident because quick action keeps your rights and important evidence safe. Your lawyer’s fast action may stop evidence from being lost and give your claim real strength.
A lawyer can tell the trucking company to keep logs, records, and black box data. Without a lawyer, companies might destroy or lose important records. A good lawyer also gathers police reports, medical records, and evidence from the scene.
In fact, they will also handle phone calls and letters from the insurance company, which prevents you from saying the wrong thing by accident. So, getting legal help right away reduces mistakes and gives you an equal footing against the company’s team.
How Much Does It Cost to Hire a Truck Accident Lawyer?
Hiring a personal injury lawyer usually costs nothing up front. Most lawyers who help people involved in truck accidents work on a contingency basis. This means:
- Your attorney is not paid unless they win.
- You do not pay anything to start your case.
- Your attorney only receives a percentage of settlements or jury verdict awards;
- As a client, you are not billed at an hourly rate;
- Even if your claim fails, you don’t have to pay the lawyer anything.
This system lets you focus on your recovery and building your case without worrying about payment.
Average Settlement New York Truck Accident Cases
While there is no exact average settlement for New York Truck Accident cases because the facts, injuries, and theories of liability vary on a case-by-case basis, the Federal Motor Carrier Safety Administration provides that the average large truck accident costs approximately $91,000, but the injuries sustained by the drivers and passengers can cost up to $200,000.
These totals include medical care, follow-up costs, lost pay, long-term health care, and damage to your vehicle. Victims in New York often have medical bills far over $50,000, which is the no-fault limit, because truck accidents can be extremely severe.
However, policy limits for big trucks are much higher. Most trucks must carry at least $750,000 in insurance. Some have $1 million or more in coverage, and trucks moving dangerous cargo must have even more.
How Much Time Do I Have to File a Claim After a Truck Accident in New York?
The time you have to file a claim is governed by the “Statute of Limitations”. With respect to auto accidents You have three years from the date of the event to file a personal injury claim in New York.
Your attorney will keep track of the statute of limitations because if missed, you will almost always lose your right to file a claim, no matter how bad your injuries are or how good your evidence is. There are a few very rare exceptions, but they have very strict rules.
For example, if the person hurt is a minor (under 18), the clock may not start until they turn 18. Some cases involving claims against a city or state agency have much shorter deadlines. Sometimes, as little as 90 days’ notice to the agency.
So, always talk to a lawyer as soon as possible. That way, you do not risk missing any important step or special deadline. Acting quickly will also help you gather proof, determine the value of your injuries and lost wages, and keep your legal options open.
What Is a Black Box, and Why Is It Important?
The “Black Box” records a truck’s driving data, such as speed, heavy braking incidents andhours of service. Getting the black box data quickly after a crash is important so that the data doesn’t get lost, erased, or replaced. Often, a skilled truck accident lawyer sends a special letter called a “spoliation letter” to trucking companies immediately after being retained by a client to ensure the protection of vital information. This letter tells the trucking companies not to delete, reset, or overwrite black box data until your case is settled.
If you have this kind of solid proof, it can make your claim much stronger. Black boxes answer questions about speed, braking, and actions in ways other evidence cannot. If you believe any details are missing, your lawyer can work with the right experts to help you get the full truth.
Finding the Best Truck Accident Lawyer in New York
Always pick your lawyer with care, because not all lawyers have experience handling truck crash claims. Here are clear signs that you have chosen the right lawyer:
- Look for a team that focuses on personal injury and truck accidents.
- Check reviews and case results. Success with past clients are clear indication of an attorney’s skills.
- Choose a firm that knows New York courts and laws. Local lawyers have an advantage.
- Make sure they offer a free consultation so you can learn about your case without paying.
The steps you take right after a New York truck accident matter. Follow the advice in this guide, and do your best to protect your future. When you are ready, call Cohen & Cohen Personal Injury Lawyers. Our team is always ready to help you build a strong case.