Blog

Every day, millions of people drive around New York. Inevitably, with all those drivers on the road, people get into accidents. The most serious of these accidents often involve trucks because of the difference in size between a truck and a car. If you were involved in a truck accident in NY, the following information can help you successfully file a truck accident claim. 

New York Is a No-Fault State 

In most ways, filing a truck accident claim in New York is no different than filing any other type of accident claim because New York is a no-fault insurance state. This means that you are required to purchase personal injury protection insurance.  

That policy covers your losses and expenses due to injuries from an accident. The fact that you got into an accident with a truck doesn’t change this. 

Serious Injuries Affect Lawsuits 

The only time it is likely to matter that you were in a truck accident instead of a car accident is when you are seriously injured. You have the right to file a lawsuit against the at-fault party for additional compensation if your injuries involve: 

• Broken bones 
• Permanent loss or limitation of a bodily function or organ 
• Partial or permanent full disability 
• Visible physical disfigurement 

Truck accidents are more likely to involve these types of serious injuries than car accidents. 

Filing a Lawsuit After a Truck Accident 

If you were seriously injured in a truck accident, who would you sue? Often, the person driving the truck isn’t the entity that owns the truck. Sometimes, that may be different than the entity that the driver was working for when the accident occurred. That adds up to at least three different potential businesses or individuals you could sue. 

The best way to determine who you should file a lawsuit against is to discuss your case with an experienced truck accident lawyer. Experienced attorneys will investigate the circumstances of the accident to determine which person or entity is liable. 

Typically, whatever company was employing the truck driver at the time of the accident is liable. However, it doesn’t have to be. For example, if the truck driver was using the truck during their free time for personal reasons when the accident occurred, the driver would most likely be individually liable for what happened. 

How a Truck Accident Attorney Can Help You File a Claim 

In general, you should consult with a truck accident lawyer, even if you don’t expect to file a lawsuit. This may seem counterintuitive, but truck accident attorneys make the process go more smoothly and will usually help you get more compensation. The following are ways in which a truck accident lawyer can help. 

Acting as Your Representative 

If you experienced a truck accident, the odds are that you were injured in the wreck. You might even be confined to your home or possibly even to a hospital bed while you recover. That might make it difficult to communicate with an insurance company and assist with your claim. 

Your attorney will act in your stead while you recover from your injuries. This reduces your stress level and lets you focus entirely on recovering. 

Navigating the Insurance Claim Process 

Additionally, experienced truck accident lawyers are familiar with the insurance claim process. They know what type of documentation the insurance company requires, when deadlines are approaching, and what types of compensation you are eligible to receive. 

Insurance companies often get away with giving subpar compensation because claimants aren’t familiar with their rights. That isn’t a problem when you are represented by an experienced lawyer.  

Your attorney will gather and preserve all necessary evidence to support your claim. That evidence will be provided to the insurance company as soon as possible, speeding up the process. 

Evaluating Your Claim 

Finally, your attorney will calculate the value of your claim. Insurance companies usually do this, but the value they determine is often less than it should be. Your lawyer will use their experience to determine an accurate amount that is fully supported by documentation.  

If the insurance company tries to make a lowball offer, your attorney will know and will fight on your behalf to get a fair settlement. 

Consult With Experienced New York Truck Accident Lawyers 

If you or a loved one was seriously injured in a truck accident in New York, an experienced lawyer from Silberstein, Awad & Miklos can help you get the compensation you need to recover from those injuries. Contact our law firm today to schedule a free consultation.