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A truck accident occurs when a commercial vehicle such as a tractor trailer, semi truck, delivery truck, or other large truck is involved in a collision that causes property damage or personal injury. In New York, truck accident law covers the rules, standards, and rights that apply when these large vehicles are involved in crashes. Trucking accidents often result in severe injuries or fatalities due to the sheer size and weight difference between commercial trucks and passenger vehicles. The legal process for seeking compensation can be complex, involving federal and state regulations unique to the trucking industry.
Truck accident cases are not like standard car accident cases. If you have been injured in a truck accident in New York, you may find yourself facing large trucking companies, their insurance carriers, and legal teams with extensive experience in minimizing liability. You may need a lawyer if:
Legal representation can help ensure your rights are protected, that you understand your options, and that you have an advocate who can negotiate or litigate on your behalf.
Several key laws and regulations affect truck accident cases in New York:
Seek medical attention for any injuries, call the police to report the accident, document the scene with photos if possible, gather contact information from witnesses and all involved parties, and notify your insurance company. If you are able, collect details such as the truck’s license plate, company name, and insurance information.
Possible liable parties include the truck driver, trucking company, truck or trailer owner, cargo loaders, truck manufacturers, and maintenance providers. Determining liability often requires thorough investigation.
Compensation can cover medical expenses, lost wages, property damage, pain and suffering, and other losses. The final amount depends on the severity of injuries, impact on quality of life, and percentage of fault assigned to each party.
Yes. You must meet the serious injury threshold under New York law to file a lawsuit for additional damages such as pain and suffering. A lawyer can help determine if you qualify.
Generally, you have three years from the date of the accident to file a personal injury lawsuit and two years for a wrongful death claim. However, insurance claims and no-fault claims must be filed much sooner, typically within 30 days.
Critical evidence may include police accident reports, driver logbooks, employment records, vehicle maintenance records, dash cam footage, black box data, witness statements, and photographs of the scene and vehicles.
Under New York's comparative fault rule, you can still recover damages even if you were partly at fault, but your recovery will be reduced proportionally to your level of responsibility.
Yes. Commercial truck drivers and companies must comply with both state and federal regulations on licensing, vehicle maintenance, hours of service, and more.
You can, but trucking insurance companies often have experienced adjusters and lawyers working to minimize payouts. It is often advisable to consult a lawyer before accepting any settlement offer.
Most personal injury lawyers in New York work on a contingency fee basis, meaning you do not pay unless they win compensation for you. Fees are typically a percentage of the final recovery.
If you or a loved one has been involved in a truck accident in New York, it is important to act quickly to protect your rights. Here are the steps you should consider:
A skilled lawyer can help you understand your legal options, estimate the value of your claim, and handle negotiations or litigation to obtain the compensation you deserve.
