On the congested and busy streets of NYC, truck crashes are particularly common—and dangerous. A truck crash can affect anyone: drivers, pedestrians, bicyclists, or rideshare passengers. Whether you’re injured in a collision involving an 18-wheeler, a delivery truck, or another commercial vehicle, it’s important to know that the path to compensation differs from typical car accident claims.
Unlike standard vehicle accidents, commercial truck crashes involve multiple potentially liable parties: the driver, the trucking company, vehicle manufacturers, maintenance contractors, and cargo loading teams. This complex web of responsibility means victims must navigate federal regulations governing the trucking industry alongside New York state laws. The stakes are also substantially higher, as commercial vehicles typically carry insurance policies with much larger coverage limits, reflecting the increased damage these massive vehicles can cause.
At Douglas & London, we know that filing a claim after such a traumatic event can mean the difference between fair compensation and financial hardship. The following guide will walk you through the essential steps to protect your rights and secure the compensation you deserve after a commercial truck accident in NYC.
Immediate Steps After the Accident
The moments following a collision with a commercial truck are critical, both for your health and for your future claim. Here’s what you need to do:
- Prioritize medical attention. Your health comes first. Even if you believe your injuries are minor, seek medical care immediately. Medical documentation creates an official record connecting your injuries to the accident.
- Document the scene. If you’re physically able and it’s safe to do so, take photos of the accident scene, including vehicle damage, road conditions, traffic signals, and any visible injuries. Collect contact information from witnesses and the truck driver. Note the truck’s company name, DOT number, and license plate.
- Report the accident. Call the police to the scene and ensure you receive a copy of the accident report.
- Watch what you say. Avoid making statements that could be interpreted as admitting fault, even partial fault.
- Start a detailed record. Begin documenting everything related to your accident and injuries, including medical treatments, medications, therapy sessions, and how your injuries affect your daily life.
Remember, commercial trucking companies often dispatch investigators to accident scenes immediately to build their defense. Having your own documentation and following these steps helps protect your interests from the very beginning.
Gathering Evidence for Your Claim
Building a strong truck accident claim requires comprehensive evidence that establishes liability and documents the full extent of your damages. The unique nature of commercial truck accidents means you’ll need specific types of evidence, which a skilled NY truck accident lawyer can help you obtain and analyze.
The types of evidence to gather include:
- Electronic Logging Device (ELD) Data: Commercial trucks are required to have electronic logging devices that record driving hours, rest periods, speed, and other critical data.
- Truck Maintenance Records: These documents can expose negligent maintenance practices that contributed to the accident.
- Driver Qualification: This includes the truck driver’s employment history, driving record, medical certifications, and training credentials.
- Cell Phone Records: Driver distraction is a leading cause of accidents. Cell phone records can show if the truck driver was texting or calling while driving.
- Drug and Alcohol Testing Results: Federal regulations require post-accident testing of commercial drivers. These results can be powerful evidence if the driver was impaired.
Obtaining this evidence requires swift action; an experienced truck accident attorney from Douglas & London can immediately send spoliation letters demanding preservation of this evidence and use legal tools like subpoenas to access it before it disappears.
Filing the Claim Process
Once you’ve gathered the necessary evidence, the process of filing your claim involves several strategic steps:
- File your no-fault claim. Start by filing your application for no-fault benefits with your own insurance company within 30 days of the accident. While this won’t cover non-economic damages like pain and suffering, it provides immediate coverage for basic medical expenses and lost wages regardless of fault.
- Identify all potential defendants. Unlike typical car accidents, commercial truck claims often involve multiple liable parties. Your attorney will determine which entities to pursue, potentially including:
- The truck driver
- The trucking company or carrier
- The vehicle manufacturer (if equipment failure contributed)
- Maintenance contractors
- The cargo shipper or loader
- Government entities responsible for road conditions
- Calculate your full damages. Proper valuation of your claim is critical. This includes economic damages (medical expenses, lost income, future medical needs) and non-economic damages (pain and suffering, emotional distress, diminished quality of life). Truck accidents often result in catastrophic injuries requiring lifetime care, making accurate damage calculation essential.
- Send demand letters. Your attorney will send formal demand letters to the insurance companies representing each liable party. These letters detail your injuries, outline liability, and demand fair compensation.
- Navigate the negotiation process. Insurance companies for commercial carriers typically respond with lowball settlement offers. Your attorney will handle these negotiations, using evidence and legal precedent to counter inadequate offers.
- File a lawsuit if necessary. If negotiations don’t yield a fair settlement, your attorney will file a personal injury lawsuit in the appropriate court. Even after filing, negotiations continue, and most cases settle before trial.
- Litigation and potential trial. If your case proceeds to trial, your attorney will present evidence, question witnesses, and argue your case before a judge or jury to secure maximum compensation.
Don’t Go It Alone! Get Douglas & London
Navigating a commercial truck accident claim in New York City demands a thorough understanding of complex regulations, strategic evidence gathering, and meticulous documentation. That’s why having a legal advocate from Douglas & London in your corner can make all the difference.
Our attorneys have decades of combined experience handling complex commercial truck accident claims throughout NYC, recovering millions for injured victims. If you’ve been injured in a collision with a commercial truck, don’t face this challenging process alone—contact us today for a free, no-obligation consultation to discuss your case and learn how we can help you receive the maximum compensation for your injuries.