Accidents involving commercial vehicles in New York can be both traumatic and overwhelming. These collisions often lead to more severe injuries and complex legal situations compared to standard car accidents due to the nature and size of commercial vehicles. Understanding what steps to take after being involved in an accident with a commercial vehicle is critical for safeguarding your health, your legal rights, and ensuring you are justly compensated for any damages or injuries. In this guide, we will explore the essential actions you should take after such an incident. Andrews, Bernstein & Maranto, PLLC provides dedicated legal support to guide you through the complexities of car accident cases and help you pursue the compensation you deserve.
Ensure Immediate Safety and Seek Medical Attention
The first step after any car accident, especially one involving a commercial vehicle, is to ensure your immediate safety and the safety of those around you. If possible, move to a safer location away from traffic or dangerous conditions created by the accident. After assessing the situation, call 911 to report the accident, especially if there are injuries or significant property damage.
Seeking medical attention is also crucial, even if you feel fine in the immediate aftermath of the accident. The sheer force of a collision with a commercial vehicle can lead to internal injuries or conditions that might not manifest symptoms right away. A thorough medical evaluation can not only protect your health but also establish a clear record of your injuries, which will be essential if you decide to pursue a legal claim later on. Any delays in seeking medical attention could be used against you by insurance companies to downplay the severity of your injuries.
Document the Scene and Collect Evidence
Once safety has been ensured and medical help is on the way, documenting the accident scene becomes a priority. The more evidence you gather at the time of the accident, the stronger your case will be when filing a claim. If you are physically able, take photographs of the vehicles involved, the damage caused, the road conditions, and any relevant traffic signs or signals. Additionally, capturing the surrounding area can help demonstrate environmental factors that may have contributed to the accident, such as weather conditions or construction zones.
If there are witnesses to the accident, it is beneficial to collect their contact information. Witness testimony can provide crucial support to your version of events and strengthen your claim. It is also advisable to make a note of the name and contact information of the driver of the commercial vehicle, as well as details about the company that owns the truck or commercial vehicle involved in the accident. The vehicle’s license plate number, along with the company’s information, will be vital when pursuing compensation.
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Report the Accident to the Authorities
In New York, reporting an accident involving a commercial vehicle is mandatory if the accident results in injury, death, or substantial property damage. When law enforcement arrives at the scene, provide them with all the necessary details, but be mindful of what you say. Refrain from admitting fault or speculating about how the accident occurred. The police report will serve as an official record of the accident, and any statements you make can be referenced during settlement negotiations or in court.
Request a copy of the police report as soon as it becomes available. This document will provide crucial information, such as the officer’s account of the incident, any violations that were noted, and details of the involved parties. Having this information is essential when dealing with insurance companies and attorneys.
Notify Your Insurance Company
Contact your insurance company as soon as possible to inform them of the accident. While it is important to notify your insurer, you should avoid giving a recorded statement until you have consulted with an attorney. Insurance adjusters are trained to look for ways to minimize the company’s liability, and anything you say could be used against you.
It is important to understand that commercial vehicle accidents involve multiple layers of insurance coverage. The commercial driver and the company they work for may both have insurance policies that could potentially cover the damages. Navigating these policies can be complicated, and that is why it is often advisable to have legal guidance before speaking with any insurance representatives.
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Understanding Liability in Commercial Vehicle Accidents
Determining liability in a commercial vehicle accident is often more complex than in an ordinary car accident. While the driver of the commercial vehicle may bear some responsibility, other parties may also be liable. For example, the company that owns the vehicle may be held accountable if it is found that they failed to properly maintain the vehicle or if they encouraged the driver to violate safety regulations by driving excessive hours without rest.
In addition, the manufacturer of the vehicle or its parts could be responsible if a mechanical failure contributed to the accident. This can complicate the process of filing a claim, as multiple parties may need to be named in your lawsuit. Understanding who is at fault and to what degree can be a challenging process, requiring a thorough investigation into the circumstances of the accident.
Dealing with Insurance Companies
After a car accident involving a commercial vehicle, you will likely need to communicate with insurance companies representing the commercial driver and the business they work for. Commercial vehicle companies are often represented by large insurance firms that are well-versed in defending claims, and their goal will be to minimize their liability and payout. These companies may try to offer you a settlement quickly in the hopes that you will accept less than what you are owed.
It is vital not to accept any settlement offer without first consulting an attorney. An experienced attorney can review the offer and help you determine whether it adequately compensates you for your injuries, property damage, lost wages, and pain and suffering. Insurance companies may attempt to undervalue your claim or use tactics to delay the process, which can be particularly frustrating when you are dealing with medical bills and other financial pressures following an accident.
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Filing a Claim for Compensation
To ensure that you receive fair compensation, you will likely need to file a claim against the commercial driver, the company they work for, or both. Compensation can cover medical expenses, lost wages, property damage, and pain and suffering. In some cases, you may also be able to recover punitive damages if it is proven that the commercial driver or company acted recklessly or intentionally violated safety regulations.
In New York, there is a time limit for filing a personal injury claim, known as the statute of limitations. Typically, you have three years from the date of the accident to file your claim. However, waiting too long to file can make it more difficult to gather evidence and build a strong case. It is essential to start the legal process as soon as possible to preserve your right to seek compensation.
The Importance of Legal Representation
Car accidents involving commercial vehicles often result in serious injuries and significant property damage, making it crucial to have legal representation that understands the complexities of these cases. A lawyer will handle the negotiation with insurance companies, investigate the accident, and ensure that all responsible parties are held accountable.
Verdicts & Settlements
Having legal representation also provides you with peace of mind, knowing that your case is being handled by professionals who are familiar with the laws surrounding commercial vehicle accidents in New York. Your attorney will work to secure the best possible outcome, whether through settlement negotiations or litigation, so that you can focus on recovering from your injuries.
If you or a loved one has been involved in an accident with a commercial vehicle in New York, it is essential to take immediate action to protect your rights. The legal team at Andrews, Bernstein & Maranto, PLLC has extensive experience handling complex car accident cases and is here to help you through this difficult time. We will guide you through the legal process, deal with insurance companies, and fight to ensure you receive the compensation you deserve. Contact Andrews, Bernstein & Maranto, PLLC today for a consultation and let us provide the legal support you need to move forward with your case.