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Being in a truck accident can leave you with catastrophic injuries that could result in significant medical expenses and the inability to work for weeks or months at a time. If the collision causes injuries that allow you to step outside of New York’s no-fault laws, you can begin a personal injury claim against the responsible parties.  

Frequently Asked Questions About Truck Accident Claims in New York 

Why are truck accident claims more complicated than car accident claims?
Truck accident claims involve federal and state trucking regulations, higher insurance limits, specialized evidence, and multiple potentially liable parties, making them far more complex than standard car accident cases. 

Who can be held liable in a New York truck accident?
Liable parties may include the truck driver, the trucking company, a cargo loader, a vehicle maintenance provider, or even the truck manufacturer, depending on how the accident occurred. 

Do truck accidents fall under New York’s no-fault insurance system?
Initially, truck accident victims may use no-fault benefits, but serious injuries often allow victims to step outside the no-fault system and file a personal injury lawsuit for full compensation. 

What kind of evidence is used in a truck accident claim?
Truck accident cases may rely on black box data, driver logbooks, maintenance records, cargo documentation, surveillance footage, and expert testimony to prove negligence. 

Why do trucking companies fight claims so aggressively?
Commercial trucks carry high insurance policies—often $750,000 or more—so insurance companies and trucking firms use aggressive legal strategies to reduce or deny payouts. 

Because of the complexities involved in truck accidents, this is not an option you should pursue without representation. Learn more about what makes truck accident claims so different from those that occur after other collisions.  

The Complexities of Truck Accident Claims 

When filing a truck accident claim in New York, there are numerous reasons the process can be lengthier and more challenging than in other types of claims.  

Legal and Regulatory Difficulties  

Truck accidents involve a number of state and federal laws that could impact the claim. There are service hours that need to be considered, vehicle maintenance standards that have to be understood to effectively argue that negligence occurred, and laws that limit cargo weight that could vary depending on the state.  

These are additional considerations that anyone filing a claim has to keep in mind. It’s not always simple to understand which state or federal laws apply, especially if the trucking company is located in one state and the accident occurs in another.   

High-Stakes Insurance 

Trucking companies carry much higher insurance limits than drivers of passenger cars need. Most of the time, trucks have insurance minimums of $750,000. This means insurers have more at stake. To protect their interests, these companies will employ powerful legal teams to aggressively challenge all claims.  

Specialized Evidence 

The evidence available in truck accidents is also more complex than you would get in passenger car claims. An example is the black box. It is not easy to obtain access to this information, which could impact your claim.  

Even if you do receive the black box data, you will likely not be able to understand what it means. You will need to hire expert witnesses to assist you in interpreting what you find, which adds yet another layer of complexity to the entire process.  

Severity of the Injuries 

Although car accidents can result in severe injuries, these are much more likely to occur in truck crashes. That’s because of the vehicles’ force and size, leading to a tremendous amount of energy being exerted on impact.  

All accidents that cause serious injuries have added challenges. Insurance companies will do everything they can to minimize the claim, so you could end up with a settlement that doesn’t provide the ongoing support you need if you don’t put on a powerful fight for fair compensation.  

Liability Complexities 

In a truck accident, there are usually multiple liable parties. The truck driver is likely responsible, but the company that employs them could also be responsible. That’s because of vicarious liability laws, which can hold an employer accountable for the actions of their employees if they were negligent in the course of performing their duties.   

The company could also be responsible if it did not perform background checks on the people it hired or if it didn’t offer the appropriate training.  

What to Do Immediately After a Truck Accident to Protect Your Claim 

After being in a truck accident, it’s essential that you get immediate medical attention. Most of the time, these crashes result in severe injuries that could put your life at risk, but even if you don’t think you were severely hurt, you need to get medical care. It allows you to receive help and protects any future claim you pursue.  

It’s also essential to get the police to the scene of the accident. You will need a report to file your claim, even against your own insurance.  

If you’re well enough to remain on the scene, take pictures of the vehicles, road conditions, and everything else that can indicate how the accident occurred. If there are witnesses, speak with them and get their contact information.  

As soon as possible, contact an attorney to help you begin a claim. With representation, you can fight for the compensation you deserve.  

Ask4Sam After a Truck Accident in NYC 

If you have sustained injuries in an NYC truck accident, you may be entitled to compensation. Because of how difficult these claims are, you should not attempt to pursue them alone.  

At Silberstein & Miklos, P.C., our team of attorneys can guide you through every step of the process. Contact us to schedule a free, no-obligation consultation.