What to Do If You’re Hit by a Delivery Truck in New York

As essential as delivery trucks are to New York City’s rhythm and way of life, their presence also presents significant risks. In the blink of an eye, a delivery truck accident can suck you into a vortex of medical appointments, insurance wrangling, and physical and emotional recovery.

As overwhelming as it seems, remember that you’re not alone in this fight. The New York truck accident attorneys at Finz & Finz, P.C., have spent decades helping people recover fair compensation for accident-related injuries. This blog provides the comprehensive guide you need at this difficult moment. We’ll break down the complexities of the legal landscape, chart the course for pursuing your claim, and shed light on how to protect your rights.

Steps to Take After a New York Delivery Truck Accident

Once you have seen a doctor after the crash and started your medical treatment, it’s crucial to take whatever steps you can to protect your rights. Your actions in the coming days, weeks, and months can significantly affect your case’s outcome. Here’s what you need to do after a delivery truck accident in New York:

• Avoid posting about the accident on social media – In today’s digital age, social media platforms have become a common resource where insurance companies and defense attorneys gather information. Any posts, photos, comments, or updates about your accident or physical condition could be used against you in your personal injury lawsuit. Privacy settings are not foolproof; once you post something online, it can be challenging to erase it completely. Even posts shared with the best intentions can become a liability in your pursuit of fair compensation.
• Don’t say anything to insurance companies – In the aftermath of an accident with a delivery truck, keep your interactions with insurance companies to a minimum. An insurance company’s primary goal is to minimize its financial liabilities, which often translates into offering the lowest possible settlement. One common strategy insurance adjusters use is to engage accident victims in conversation and seek statements they can manipulate to downplay the extent of their injuries or imply partial fault. For example, an innocent remark such as “I didn’t see the truck coming” could be seen as an admission of negligence on your part, thereby reducing the liability of the delivery truck driver or the company. Let your lawyer talk to the insurance adjuster.
• Follow your prescribed treatments to the letter – It’s crucial to follow your doctor’s treatment plan exactly, both to help yourself heal as quickly as possible and to protect your right to compensation. An insurance claim or lawsuit is not just about proving that the other party caused your injuries. You must also show the extent of your injuries and their effect on your daily life. An insurance company might use any deviations or irregularities in following this plan against you.
• Save all your medical bills and receipts – Preserving your medical records and receipts is paramount after a delivery truck accident. Your medical records demonstrate the severity of your injuries and the nature of the treatments you’ve received. Meanwhile, your receipts establish the financial burden the accident has imposed on you. Document everything from hospital stays to medication costs. These records play a crucial role in linking your injuries directly to the accident, warding off any assertions that your injuries were pre-existing or unrelated.
• Speak to a delivery truck accident attorney immediately – Delivery truck accidents are often legally complex and frequently involve multiple liable parties. An experienced lawyer can help you untangle these complexities. A delivery truck accident attorney can preserve critical evidence, handle settlement negotiations with the insurance companies, ensure you don’t miss any deadlines, and represent you in court (if necessary).
• Write down everything you can remember about the accident as soon as possible – In the aftermath of an accident, your immediate recollections can paint the most accurate picture of the event. As time passes, memories can fade or become distorted, especially under the influence of stress and trauma. By writing everything down quickly, you’re preserving an accurate account of the incident that might be crucial later.

Compensation for New York Delivery Truck Accidents

You have the right to pursue compensation for your physical injuries, emotional distress, and financial losses from a delivery truck accident. However, doing so involves navigating New York’s complex insurance laws and determining who caused the accident. Let’s start with the potentially liable parties for a delivery truck accident, which include:

• The delivery truck driver
• The delivery company
• The truck’s manufacturer
• Maintenance workers
• Other drivers

The circumstances of the accident and who caused it can also affect how much compensation you recover. For example, while all UPS drivers are direct employees, FedEx uses a mix of employees and contractors, while Amazon uses contractors for all its deliveries. Smaller, local companies in New York might use employees, contractors, or a mix of both to make their deliveries. In cases where a delivery truck driver is a contractor, it is often challenging to sue the delivery company directly, which might limit the compensation you receive.

Finally, the extent of your injuries plays a significant role in your compensation because of how they tie into New York’s no-fault insurance laws. All New York auto insurance policies must include $50,000 in Personal Injury Protection (PIP) coverage. After an accident, you must file a claim with your insurance company before you can sue someone else for causing the accident. You can only sue another party if you have suffered a “serious injury” as defined in state law. According to the relevant statute, serious injuries include:

• Any injury causing the permanent loss of an organ, member, function, or bodily system
• Any injury that prevents you from performing your usual activities for at least 90 days in the six months following the crash
• Bone fractures
• Dismemberment, including the loss of part of a limb
• Significant disfigurement
• Loss of a fetus

A knowledgeable delivery truck accident lawyer can look at the circumstances of the collision, the extent of your injuries, the potentially liable parties, and other factors to determine how much compensation you could recover.

Contact Our NYC Delivery Truck Accident Lawyers Now

The team at Finz & Finz, P.C., understands the unique legal challenges involved in delivery truck accidents, and we can take on this burden while you focus on healing. Call (855) TOP-FIRM today or fill out our contact form for a free case review.