If you or someone you know has been involved in a truck accident in New York, it’s completely normal to feel overwhelmed. You’re likely dealing with pain, confusion, and worries about how the accident will impact your life. The steps you take immediately after a truck accident can have a significant effect on the outcome of any potential legal claim. At Andrews, Bernstein & Maranto, PLLC, we understand the challenges you’re facing and are here to guide you through the process.
Truck accidents often involve complex legal issues, especially since they can involve large commercial companies, insurance policies, and different levels of liability. It’s important to know exactly what to do to protect your rights, gather evidence, and give yourself the best chance at receiving the compensation you deserve. In this guide, we will walk you through the necessary steps to take after a truck accident in New York.
Seek Immediate Medical Attention
After a truck accident, your health should always be your first priority. Even if you think your injuries are minor or not immediately noticeable, it’s crucial to seek medical attention right away. Injuries from truck accidents can sometimes take hours or even days to show up, so a medical evaluation can help identify any hidden injuries early. Not only will this ensure you get the care you need, but having a medical record of your injuries will be essential if you decide to pursue a legal case.
Sometimes the shock from the accident makes it hard to feel pain right away. However, it’s important to get checked out, even if you feel okay at first. Medical records are vital evidence in truck accident cases and can support your claim if you need to prove that your injuries resulted from the accident.
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Contact the Police
In New York, it is a legal requirement to report any accident involving injury, death, or significant property damage to the police. Calling the police after a truck accident ensures that an official report is filed, which can be a crucial piece of evidence in your case. When the police arrive, they will document the scene, speak to witnesses, and file a report. This report can be critical when it comes time to determine fault and liability.
While waiting for the police, try to gather as much information as possible about the accident. If you’re able to do so safely, take note of the truck’s license plate, the truck driver’s details, and the details of the company they work for. Also, get the names and contact information of any witnesses to the accident. This information will help your attorney build a strong case later on.
Document the Scene of the Accident
If you are physically able to do so, documenting the scene of the accident is an essential step. Use your phone to take photos of the truck, your vehicle, and the surrounding area. Capture any damage to the vehicles, road conditions, traffic signals, and skid marks. If there were any visible injuries, take pictures of those as well. Photos can be a powerful form of evidence, showing exactly what happened at the time of the accident.
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Additionally, it’s important to note the weather conditions, the time of day, and any other factors that might have contributed to the crash. If there are any road hazards, such as poorly maintained roads or unclear signage, make sure to document these as well. These details can play a role in your case if the condition of the road or other factors contributed to the accident.
Notify Your Insurance Company
You should report the accident to your insurance company as soon as possible, but be careful not to give too much information right away. Insurance adjusters may ask questions about the accident, but you do not need to provide a detailed statement before speaking with an attorney. In fact, your attorney can help you navigate the process of dealing with insurance companies. Be sure to follow your policy’s instructions for reporting an accident, but avoid making statements that could be used against you later.
At this stage, it’s important to remember that the truck driver’s insurance company may try to minimize the amount of compensation they offer, or they may try to shift the blame onto you. Having legal counsel at this point can help protect you from making any missteps that could hurt your case.
Gather and Preserve Evidence
One of the most important things you can do after a truck accident is to gather and preserve as much evidence as possible. This includes the photos you took at the scene, the police report, witness statements, and medical records. You should also keep any correspondence from the insurance company, bills, receipts, and other documentation related to the accident. This evidence will help your lawyer build a strong case for you.
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If the truck was equipped with a black box, which records data about the truck’s speed, braking, and other driving conditions, it’s important to act quickly to preserve this information. Your lawyer will be able to help you secure this data before it is overwritten, which can be crucial in proving the truck driver’s fault.
Consult an Attorney
While it may seem like a simple process to work with insurance companies on your own, truck accident cases often involve complex legal issues. It’s highly recommended to consult with an experienced attorney as soon as possible after the accident. An attorney can help you navigate the legal process, deal with insurance companies, and ensure that your rights are protected.
Truck accident cases can be difficult because they often involve multiple parties, such as the truck driver, the trucking company, maintenance contractors, and others. An experienced attorney will help you identify all the responsible parties, gather evidence, and pursue the compensation you deserve for medical expenses, lost wages, pain and suffering, and other damages.
Verdicts & Settlements
File a Lawsuit if Necessary
If the insurance company’s offer isn’t sufficient to cover your damages or if they deny liability altogether, you may need to file a lawsuit. A lawsuit can help you pursue full compensation for your injuries, medical bills, lost income, and other damages related to the accident. Your attorney will guide you through this process and ensure that all necessary steps are taken to file the lawsuit correctly and on time.
In New York, there is a time limit for filing personal injury lawsuits, called the statute of limitations. This typically gives you three years from the date of the accident to file a lawsuit. However, there are exceptions, and it’s important to speak with an attorney as soon as possible to avoid missing this deadline.
Throughout the process, it’s important to stay in regular contact with your attorney. Your attorney will keep you updated on the progress of your case, communicate with the insurance companies, and negotiate on your behalf. They will also advise you on any decisions that need to be made regarding settlement offers or whether to take the case to trial.
Truck accident cases can be time-consuming, but with the right legal representation, you can feel confident that your case is in good hands. The team at Andrews, Bernstein & Maranto, PLLC understands the emotional and financial strain that follows a truck accident, and we are here to support you every step of the way.
If you’ve been injured in a truck accident in New York, don’t hesitate to reach out to us for a free consultation. We can help you understand your rights and work with you to get the compensation you deserve. Let us handle the legal details while you focus on your recovery.