New York Truck Accident Guide

Written by: Brian Gerard Reddy

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Tractor trailer (large commercial truck) owners and operators in New York are subject to both federal and state laws and regulations. Under these laws, people who have been injured in a truck accident are entitled to compensation for medical bills, loss of wages, and/or other suffering caused by the injuries. If you have been injured in a New York truck accident, you may be able to get payment from the truck owners/operators to cover injury-related expenses.

Who is eligible for compensation after a New York truck accident

Before you can be considered eligible for compensation for loss of earnings and/or other damages, you must suffer from what is legally considered a serious injury. This depends on your medical diagnosis, which should describe the type of physical limitations caused by the injury and how long they will last. For example, permanent scarring and nerve damage from the injury may result in ongoing medical needs. If the injury is not diagnosed as serious, you will only be able to claim no-fault insurance benefits from your own auto insurance company (if your policy covers payment for financial losses resulting from an accident, regardless of who was at fault). However, most insurance companies will try to pay as little as possible. If you have a serious injury from a truck accident, the decision to take legal action is an important one.

The New York truck-accident legal/claim process

If you have been seriously injured in a truck accident and choose to take legal action, you must prove that you were injured because the trucking company or driver failed to take reasonable safety measures to prevent the accident. New York laws have guidelines for this. For example, federal regulations require commercial truck drivers to inspect their trucks before leaving on a trip. Drivers are also subject to hours-of-service laws to avoid fatigue. Information like this will help ensure that you are awarded full and fair compensation for your injuries. However, it's also important to know that jurors will also consider your conduct for any comparative negligence (anything you may have done to cause the accident).

Some companies will want to settle the case out of court by coming to an agreement with you regarding how much you should be paid to cover injury-related expenses. If your case is strong and well prepared, it will increase the likelihood of a fair settlement. However, not all cases are settled out of court and must go through the entire legal process.

What to do if you were injured in a New York truck accident

Immediately apply for no-fault insurance benefits. Even if you have not suffered a serious injury, you may qualify for no-fault insurance benefits from your auto insurance provider.
Get the name of the trucking company.
Get medical care. Follow all of the doctor's recommendations and go to all your appointments.
Do not give any information to an investigator or insurance representative of the trucking company.
Get legal advice from a New York personal injury attorney. An experienced attorney will help you make a strong claim for your case and ensure that you get as much payment as you are entitled to.

What a New York truck-accident case may cost

If you decide to hire an attorney, most will work on a contingency fee. This means that the attorney only gets paid when and if you are awarded money once the case is closed. The attorney is also motivated to do everything possible to get you the maximum possible amount.