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After a truck accident, taking specific actions protects your health and your legal rights. The days following a collision with a commercial truck in New York are pivotal for a future claim. A truck accident attorney provides the guidance to handle interactions with insurance companies and pursue a fair resolution.
You have rights, and the law provides a pathway to seek compensation for your injuries and losses.
Key Takeaways
- Preserving evidence, including photos, personal notes, and official reports, provides the foundation for a strong claim.
- Continue with all follow-up medical care and document every aspect of your injuries and their impact on your daily life.
- You must be very cautious when speaking to any insurance adjusters, as their goal is to minimize the company’s payout.
4 Steps To Take From Home After a Truck Accident
If you’ve already sought medical attention, you need to focus your attention on protecting your claim. There are several organized steps you can take from the relative comfort of home.
These four actions help create a solid foundation for any commercial truck accident claims you may file:
- Gather Your Documents: Start a file for everything related to the accident. This includes medical records, bills, the police report, and any information you exchanged at the scene. Having all your paperwork in one place makes it easier to manage.
- Continue All Medical Treatment: Follow your doctor’s treatment plan exactly. Attend all physical therapy appointments, take prescribed medications, and go to all follow-up visits. This not only aids in your recovery, but demonstrates the seriousness of your injuries to insurers.
- Create a Recovery Journal: Each day, write down your pain levels and physical limitations. Note how the injuries affect your ability to perform daily tasks, sleep, and enjoy life. This journal becomes a valuable piece of evidence during negotiations.
- Seek Legal Guidance: Contact a truck accident lawyer for specific advice as it relates to your claim. They can start working on your behalf immediately. An initial consultation allows you to learn about your options.
Preserving Evidence After a Commercial Truck Crash
Evidence forms the backbone of any successful truck accident claim. Even if you’re home recovering, you can play an active role in preserving key information. This information helps your attorney build a compelling case that shows how the accident occurred and its impact on your life.
Documenting Your Vehicle and Injuries
Take detailed photographs of your vehicle from every angle or have a loved one do it for you. Capture both the extensive damage and any smaller dents or scratches. Also, take photos of your injuries as they heal over time to show the progression and severity of your physical harm.
Writing Down Your Recollection
Write down everything you remember about the accident as soon as possible. Include details about the weather, road conditions, the truck’s appearance, and what the driver was doing before the crash.
If you interacted with the driver afterwards, make notes of their words and actions. No detail is too small, as it may become relevant later.
Obtaining the Official Police Report
This report contains the responding officer’s initial assessment of the accident scene, witness information, and sometimes a preliminary opinion on fault. Reviewing it helps you and your lawyer understand the initial facts of the case.
5 Common Pitfalls To Avoid After a Commercial Truck Crash
You also really need to know what not to do following a crash with a commercial truck. Mistakes can significantly reduce your ability to recover fair compensation for your injuries and avoiding them protects the value of your case.
Common errors to avoid include:
- Admitting Fault: Never apologize or admit any level of fault for the accident, even as a polite gesture, to anyone.
- Accepting a Quick Settlement: Don’t accept the first settlement offer from an insurance company, they’re almost always far less than the full value of the claim.
- Signing Documents Without Review: Avoid signing any documents, such as a medical authorization or a release of liability, from an insurance company without having your attorney review it first.
- Delaying Medical Treatment: Don’t postpone seeking medical care or fail to follow through on your prescribed treatment plan, as this can be used to argue your injuries aren’t severe.
- Posting on Social Media: Refrain from posting on social media until your case resolves. Insurance investigators scrutinize public profiles for any evidence they can use against you. Even an innocent picture of you smiling can be taken out of context to argue that your pain and suffering is less severe than you claim.
How To Handle Insurance Company Communications
Shortly after the accident, you can expect a call from an insurance adjuster representing the trucking company. Their job is to protect their company’s financial interests. Your words can be used against you, so you must handle these communications carefully.
The adjuster may seem friendly and helpful, but their goal is to get you to say something that undermines your claim. They often ask for a recorded statement, but you don’t have to provide one. It’s in your best interest to decline until you have legal representation.
You can simply state that you’re not prepared to discuss the details and will have your attorney contact them. This simple act protects you from the tactics insurance companies often use to reduce or deny valid claims. It puts them on notice that you’re serious about defending your rights.
How a Lawyer Helps You After a Truck Accident in New York
A truck accident attorney takes on the full burden of your legal claim so you can devote your energy to your recovery. They handle every complex detail, from the initial investigation to final negotiations.
A personal injury lawyer has experience with the tactics used by trucking companies and their insurers. They leverage their knowledge to pursue a fair outcome.
Investigating the Crash
Your attorney launches an immediate, independent investigation into the accident. This action counters the investigation the trucking company’s team starts right after a crash. They send official preservation letters demanding that the company not alter or destroy crucial evidence.
Critical evidence includes:
- Electronic Data Recorder: The truck’s black box records critical data about the truck’s speed, braking, and steering in the moments before a collision.
- Driver’s Logs: These records detail the driver’s Hours-of-Service, which can reveal violations of federal fatigue regulations designed to keep tired drivers off the road.
- Drug and Alcohol Test Results: This information shows whether the driver was impaired at the time of the accident, a key factor in proving negligence.
- Maintenance Records: These documents provide a history of all repairs and inspections, potentially uncovering a pattern of neglect or the failure to fix known safety defects.
- Witness Statements: Investigators actively locate and interview anyone who saw the crash to secure third-party accounts before their memories fade.
- Video and Photographic Evidence: Your legal team searches for traffic light footage, business security cameras, and dashcam video that may have captured the collision.
Your lawyer may also work with accident reconstruction experts to analyze the physical evidence from the scene and create a scientific model of how the crash occurred.
Identifying All Liable Parties
Your legal team works to identify every individual or company that shares responsibility for the crash. They go beyond the police report to examine contracts between the driver, the motor carrier, cargo shippers, and brokers.
They determine if the trucking company is vicariously liable for the driver’s negligence, meaning the employer is responsible for the employee’s on-the-job actions.
This thorough analysis uncovers all potential sources of compensation, which may include the company that loaded the cargo or the shop that performed faulty repairs.
Handling All Communications
You no longer have to worry about calls from insurance adjusters. Your lawyer manages all phone calls, emails, and correspondence related to your case. This creates a protective barrier, allowing you to focus on your treatment without the stress of deflecting calls or answering leading questions.
Your attorney knows precisely what information insurers need and filters all requests, protecting you from saying anything that could be misinterpreted or used against you. They also handle communications with medical providers and opposing counsel, managing the entire information flow.
Calculating Your Total Damages
An attorney works with medical and financial professionals to calculate the full, long-term cost of your injuries. They may consult a life care planner to create a detailed report outlining every future medical need, from surgeries and physical therapy to in-home care.
Your lawyer also analyzes how your injuries affect your career path to project the full value of your lost future earnings. This detailed, evidence-based approach ensures that any settlement demand covers all of your past, present, and future losses.
Pursuing a Full Settlement
Your lawyer compiles all the evidence into a comprehensive demand package to present to the insurers. This package includes medical records, expert reports, proof of lost wages, and a detailed legal argument establishing liability and the full value of your damages.
They then enter into strategic negotiations, leveraging the strength of your case to counter any low offers. If the insurers refuse to offer a fair amount, your attorney can file a lawsuit and fight for you through every stage of litigation, including depositions, motions, and a jury trial.
FAQ for What To Do After a Truck Accident in New York
How Is Fault Determined in a New York Truck Accident?
Fault is determined by investigating the actions of all parties involved and applying New York’s comparative negligence rule. This means investigators will look at evidence such as the police report, driver logs, vehicle data recorders, and witness testimony to see who acted negligently.
Even if you’re found partially at fault, you may still be able to recover compensation, though your percentage of blame reduces your award.
What Compensation Can I Recover After a Commercial Truck Crash?
You may pursue compensation for a wide range of damages, both economic and non-economic. This includes all your past and future medical expenses, lost wages and diminished earning capacity, property damage, and out-of-pocket costs.
You may also seek recovery for your physical pain, emotional distress, and loss of enjoyment of life.
How Long Do I Have To File a Truck Accident Lawsuit in New York?
In New York, the statute of limitations for filing a personal injury lawsuit, including one for a truck accident, is generally three years from the date of the crash. However, some exceptions can change this deadline, particularly if a government truck was involved.
It’s best to speak with a New York truck accident lawyer as soon as possible to protect your right to file a claim.
When Should I Contact a Personal Injury Lawyer After a Commercial Truck Crash?
Contact a personal injury lawyer as soon as you can; the earlier an attorney gets involved, the better they can protect you from insurance company tactics and preserve critical evidence. Reaching out to a law firm immediately allows your legal team to start an investigation while the evidence is fresh and witnesses’ memories are clear.
What Happens if the Trucking Company’s Insurer Calls Me?
If an adjuster from the trucking company’s insurance calls, politely decline to speak with them. You’re not obligated to give a statement, especially a recorded one. Simply tell them that your attorney will contact them and end the conversation. This prevents you from mistakes that could hurt your case.
Take Control of Your Recovery
The aftermath of a truck accident is challenging, but you don’t have to face it alone. Taking decisive action now protects your rights and is the first step toward getting your life back on track. Let a dedicated legal team stand up to the trucking and insurance companies for you.
At Finz & Finz, P.C., we fight for people who have been seriously injured in truck accidents. We handle every aspect of your case so you can focus on healing. Call us today at (212) 513-1000 to discuss your case for free and learn how we can help.
