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What To Do After a Truck Accident in New York [5 Steps]

Published August 14, 2024 by David Wolff
What To Do After a Truck Accident in New York [5 Steps]

You won’t find many semi-trucks cruising around downtown Buffalo, but head out to the highways, and it’s a trucking free-for-all. Truckers blast down the freeway at frightening speeds, eager to make that next delivery in the nick of time. Some drive all night long despite the risk of falling asleep at the wheel.

What To Do After a New York Truck Collision

If a reckless trucker hits you, here’s what to do after a truck accident.

1. Call the Police

It’s tempting to leave the scene of an accident without calling the police, especially if nobody is injured. If you do, you face a $250 fine and up to 15 days in jail. So call the police (or have the other driver do so) and sit tight until they arrive.

While waiting for the police, information was exchanged with the truck driver. Ask for their driver’s license, DOT (Department of Transportation) number, and contact information, all of which you’ll need for your insurance claim.

This is also a good time to collect evidence, such as pictures of your car and the truck that hit you. If any witnesses saw the collision, ask whether they’d be willing to make a statement.

When the police arrive, answer all of their questions honestly. Do not exaggerate, yell, curse, or blame the other driver. Simply state the facts and nothing more.

2. Seek Medical Treatment

Even if you were fortunate not to require emergency care after the accident, you should have a doctor examine you. Not all injuries are immediately apparent after a crash, especially since shock can numb pain.

Seeing a doctor is also important to establish a record of your injuries and treatment. Without this record, the insurance company might say you’re not badly hurt and reduce your settlement amount.

3. Document Your Damages

If you’re wondering what to do after a truck accident to recover your damages fully, start by gathering important evidence and documents to prove your losses. Truck accident damages commonly include:

  • Medical expenses: Your medical expenses might include ambulance transportation to the hospital, emergency care, follow-ups with your doctor, medication, medical equipment, and physical therapy.
  • Lost wages: If you can’t work following your truck accident, you can seek compensation for all lost wages and benefits.
  • Property damage: Given the size and weight of semi-trucks, your car has likely sustained serious damage.
  • Emotional distress: This includes any mental anguish experienced because of the accident, such as depression, anxiety, or humiliation.

4. Notify Your Insurance Company

New York is a no-fault insurance state, so you must make a claim with your PIP (personal injury protection) insurance company. New York requires a minimum of $50,000 in PIP coverage.

If your PIP coverage doesn’t fully cover your damages, you may be able to file an insurance claim with the at-fault driver’s insurer. To do so, you’ll need to have a “serious injury,” which the state defines as:

  • Permanent loss of a major bodily function
  • Permanent or significant scarring/disfigurement
  • A disability that lasts at least 90 out of 180 days following the accident
  • Death

5. Call a Truck Accident Lawyer

It’s wise to hire a truck accident lawyer after a collision. Your lawyer will:

  • Collect vital evidence and talk to witnesses
  • Work with an accident reconstructionist to determine the cause of the accident
  • Identify all liable parties
  • Negotiate with the insurance company
  • Take your case to court if insurance will not settle

Our Law Firm Is on Your Side

If you’re still unsure what to do after a truck accident, reach out to Cantor, Wolff, Nicastro & Hall LLC at (716) 848-8000 for a consultation or contact us online now.

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