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How to Protect Your Rights After a Truck Accident in New York

Experiencing a truck accident can be a traumatic and overwhelming event, leaving you with questions about your next steps. If you or a loved one has been involved in a truck accident in New York, we understand the feelings of uncertainty and stress you may be experiencing. It can be difficult to navigate the complexities of legal claims while dealing with injuries, medical bills, and emotional distress. Our team at Andrews, Bernstein & Maranto, PLLC  is here to guide you through the process and help protect your rights during this challenging time.

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Understanding the Complexity of Truck Accident Cases

Truck accidents often involve more significant consequences compared to regular car accidents due to the size and weight of commercial vehicles. The injuries sustained in these collisions can be life-altering, requiring extensive medical care and recovery time. These cases are also more complex because they involve multiple parties, such as trucking companies, insurance carriers, and sometimes even the manufacturers of truck parts. Each of these parties may share responsibility, making it crucial to have a thorough understanding of your rights and the legal process.

New York’s laws regarding truck accidents are detailed, and pursuing a claim requires careful attention to detail. Proving negligence and identifying all liable parties are essential steps in securing the compensation you deserve. This can be particularly challenging without the support of an experienced legal team.

Preserving Evidence After the Accident

One of the most important things to do after a truck accident is to collect and preserve evidence. This evidence will play a key role in building a strong case. Photographs of the accident scene, damage to vehicles, and any visible injuries are valuable pieces of evidence. Obtaining copies of the police report and eyewitness statements can also support your claim.

Commercial trucks often have electronic logging devices and GPS systems that record data about the truck’s operations. This data can provide critical information about the driver’s behavior, such as speeding or violating hours-of-service regulations. Preserving this evidence requires acting quickly, as some data may be overwritten or lost over time.

Benjamin J.
Andrews

Partner

Robert
Maranto

Partner

Tom
Kotrys

Partner

Anthony
Iacono

Attorney

Robert J.
Maranto, III

Attorney

Seeking Medical Attention Immediately

Your health and safety should always be the top priority after a truck accident. Seeking medical attention promptly ensures that your injuries are treated appropriately and documented accurately. Even if you feel fine immediately after the accident, it is important to see a doctor. Some injuries, like internal bleeding or traumatic brain injuries, may not show symptoms right away but can become severe if left untreated.

Medical records not only aid in your recovery but also serve as critical evidence for your legal claim. These records provide documentation of the injuries caused by the accident and the treatment you received, which can support your case for compensation.

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The team is very personable, patient and empathetic with their clients. They are upfront with you and will explain the entire process with you, they never lead you to believe otherwise, they tell you like it is and will not sell you a million dollar dream. Trust in Andrews, Bernstein & Maranto, PLLC, they work for you and he looks out for your best interest.”

- Jane D.

Navigating Communication with Insurance Companies

After a truck accident, you will likely be contacted by insurance companies representing the truck driver, the trucking company, or other parties involved. While it is important to report the accident to your own insurance provider, it is equally crucial to be cautious in your communications with other insurers. Their goal may be to minimize their liability, which could result in them offering a settlement that is far less than you deserve.

It is advisable to avoid giving recorded statements or signing any documents without consulting an attorney. A knowledgeable legal advocate can handle these communications on your behalf, ensuring that your rights are protected and that you do not unintentionally harm your case.

Understanding Compensation in Truck Accident Cases

Victims of truck accidents in New York may be entitled to various types of compensation, depending on the circumstances of their case. This can include coverage for medical expenses, lost wages, pain and suffering, and property damage. In cases involving severe injuries or wrongful death, compensation may also account for future medical needs, loss of earning capacity, and emotional distress.

Calculating the full extent of your damages requires a thorough evaluation of your situation. It is essential to consider both immediate costs and long-term effects, especially if the injuries sustained have lasting impacts on your life. A skilled attorney can help ensure that all aspects of your losses are taken into account when seeking compensation.

The Importance of Legal Representation

Truck accident cases involve complex legal and procedural requirements that can be difficult to navigate without professional guidance. From gathering evidence to negotiating with insurance companies, every step of the process requires careful attention to detail. Having an attorney on your side can alleviate much of the stress associated with handling a claim on your own.

An attorney can investigate the circumstances of your accident, identify all liable parties, and build a compelling case on your behalf. They can also negotiate with insurance companies to pursue a fair settlement and represent you in court if necessary. By entrusting your case to a dedicated legal team, you can focus on your recovery while knowing that your rights are being protected.

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Statute of Limitations in New York Truck Accident Cases

In New York, there is a limited time frame within which you can file a lawsuit for a truck accident. This is known as the statute of limitations. Generally, you have three years from the date of the accident to file a personal injury claim. For wrongful death cases, the time limit is typically two years from the date of death.

Failing to file your claim within the applicable time frame can result in losing your right to seek compensation. Acting promptly after an accident not only ensures compliance with these deadlines but also helps preserve crucial evidence and witness accounts.

Why Timely Action Matters

The aftermath of a truck accident can feel overwhelming, but taking timely action is essential to protect your rights. Delays can lead to the loss of evidence, difficulty in locating witnesses, and challenges in building a strong case. Seeking legal assistance early on allows your attorney to start investigating immediately and ensure that all necessary steps are taken to support your claim.

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At Andrews, Bernstein & Maranto, PLLC, we are committed to helping victims of truck accidents in New York secure the compensation they deserve. Our team understands the challenges you face and is dedicated to providing compassionate and effective representation. We will work tirelessly to protect your rights, guide you through the legal process, and pursue a favorable outcome for your case.

If you or a loved one has been injured in a truck accident, do not wait to seek help. Contact us today to schedule a consultation and take the first step toward obtaining the justice and compensation you deserve.

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