Protecting your legal right to compensation can be very challenging after a truck accident. Fortunately, partnering with a personal injury lawyer can give you the support and guidance you need to handle the situation without adding to your stress.
At William Mattar Law Offices, we want to help you understand how to take action with the help of our truck accident lawyers. Read on to learn how to take the right steps after a truck collision.
Table of contents
- Steps To Take After A Truck Accident
- What Causes Truck Collisions?
- Types of Truck Accidents
- Types of Trucks Involved in Accidents
- How is a Truck Accident Claim Processed?
- How Long Will It Take To Resolve An Accident Claim or Lawsuit?
- Contact William Mattar Law Offices After A Truck Accident To Protect Your Rights
- Truck Accident FAQs
Steps To Take After A Truck Accident
What to do right after a truck collision?
In the initial moments after an accident the police and emergency responders may:
- Assess the scene of the accident and provide medical attention to those who are injured
- Take statements from all parties involved in the accident, including any witnesses
- Gather evidence such as photos, videos, and physical evidence
- Create an official police report that documents details of the accident
However, these actions may not take place if the accident was a hit-and-run or if the police are unable to respond immediately. In these situations, you should do as much as you can to collect this information.
First responders may collect important evidence about how the collision occurred, but a dedicated truck crash attorney can help collect additional details on your behalf. The more you can provide to your attorney, the stronger your case for compensation will be.
What to do in the first 10 days after a truck accident?
New York requires anyone involved in an accident to file a report with the Department of Motor Vehicles (DMV) within 10 days if:
- Someone was injured or killed
- The accident resulted in more than $1000 in property damage
The police must also be called to the scene in these scenarios, and the report they fill out can serve as the report to be filed with the DMV. However, if police are not called or do not respond, you must file a form MV-104 with the DMV.
What to do in the first 30 days after a truck accident?
New York also requires all parties involved in an accident to report the incident to their respective auto insurance provider. This claim must be filed within 30 days of the accident date.
Failure to file within the 30-day time frame can result in a denial of coverage, potentially leaving you responsible for all expenses incurred.
Often, Personal Injury Protection Insurance (PIP) doesn’t cover the full extent of damages and losses. So, in addition to helping you file this initial claim, your lawyer can also help you file a claim against the at-fault party or their employer to help recover maximum compensation.
If you try to file this claim without the assistance of a truck accident lawyer, you may run into obstacles such as:
- Delays in processing the claim
- Denial of coverage due to missing or incomplete information
- Diminished compensation due to lack of knowledge about potential damages and expenses that can be covered through additional personal injury claims or lawsuits against the at-fault parties
The first 30 days after a truck crash are some of the most crucial in building a strong personal injury case. By consulting with an experienced attorney and taking the proper steps to document and report the accident, you can greatly increase your chances of receiving the compensation you deserve.
What Causes Truck Collisions?
A common cause of these accidents is driver error. The Federal Carrier Safety Administration has reported that driver error is most likely to be a factor in these collisions than any other factor.
Causes of these accidents include:
- Distracted driving (texting, eating, adjusting the radio)
- Fatigue (due to long hours on the road and lack of sleep)
- Impaired driving (due to alcohol or drug use)
- Improperly secured cargo
- Vehicle malfunctions or mechanical failures
- Poor weather or road conditions
- Intoxicated or reckless driving by other vehicles
- Inexperienced or improperly trained truck drivers
When your accident results from these or any other negligent, reckless, or careless driving behaviors, trust experienced legal representation to help recover compensation for damages and losses.
Types of Truck Accidents
Experienced personal injury lawyers know how to build a strong case for the most common types of truck crashes, including but not limited to:
- Rear-end collisions where a truck collides with another vehicle from behind
- Head-on collisions where the front of a truck crashes into the front of another vehicle
- Jackknife accidents where a truck's trailer swings out to form an L or V shape in relation to the cab
- Underride accidents where a smaller vehicle gets lodged under the rear or side of a large truck
- Rollover accidents where a truck tips or causes other vehicles to roll
- Backing accidents where a truck backs into another vehicle or object
- Wide turn accidents where a truck driver fails to navigate turns properly, causing collisions with other vehicles or objects
Carefully document the details of your specific accident and discuss them with your attorney. This will help ensure that all relevant factors are considered in building your personal injury case.
Types of Trucks Involved in Accidents
Commercial trucks come in various sizes and configurations, and each type presents unique dangers. Common types of trucks involved in accidents include:
- 18-wheelers, also known as semi-trucks or tractor-trailers
- Box trucks commonly used for delivery services
- Dump trucks used for hauling construction materials and debris
- Cement mixers
- Flatbed trucks
- Tanker trucks carrying liquid cargo such as gas or oil
- Chassis cabs used for towing or carrying large equipment
- Garbage trucks
- Tow trucks
Each of these truck types has specific regulations and requirements for safe operation. Your lawyer can help you hold the responsible parties accountable if they fail to meet these standards.
How is a Truck Accident Claim Processed?
The insurance companies will assess the claim.
Insurance companies for all parties involved will thoroughly investigate the accident to determine who was at fault and the extent of your injuries and damages.
This process may include:
- Reviewing your medical records and bills
- Conducting an investigation into the accident and its causes
- Obtaining statements from you, any witnesses, and other involved parties
Based on this assessment, they will make a determination of what expenses and damages are covered under each party's insurance policies. This process can be complicated and overwhelming, which is why having an attorney on your side can be invaluable.
A lawyer can negotiate with insurance adjusters.
Depending on the offer made by the truck driver's or trucking company's insurance provider, an attorney may choose to:
- Further advocate for the full extent of compensation based on your injuries and damages
- Provide additional evidence, documentation, and expert testimony to support your claim
These options aim to counter any arguments or attempts to diminish the value of your claim so you are not left with unfair financial burdens due to someone else's negligence.
A settlement offer may be offered.
Through aggressive negotiations, a settlement may be offered. While there is no set standard for what constitutes a fair settlement, reasonable ones account for:
- Current and future medical bills not covered by no-fault insurance
- Lost wages not covered by no-fault insurance
- Physical pain and emotional suffering
- Out-of-pocket expenses
Be wary of any offer that does not fully account for these items. Insurance companies often offer low settlements to close the claim quickly and avoid further legal action.
However, this quick settlement offer may not cover all your expenses and losses, especially if you have sustained serious injuries.
When you work with an experienced attorney who understands the complexities of these accidents, they can help you receive fair compensation for the damages you have incurred.
Additional legal options may be pursued.
Initial settlement offers may not cover the full extent of damages or losses. They may also fall short in compensating accident survivors for non-economic damages that diminish quality of life.
When this happens, your lawyer may suggest additional legal options, such as filing a personal injury lawsuit against the responsible parties. These claims request damages from the truck driver, trucking company, or other third-party entities responsible for the collision.
A personal injury claim against the negligent driver or company can provide accident victims with a considerable amount of compensation for crash-related losses, such as:
- Medical expenses not covered by no-fault insurance
- Diminished earning potential
- Pain and suffering endured due to injuries sustained in the accident
- Wrongful death
- Loss of consortium
This process is different from filing a no-fault claim and requires proving negligence or fault on the part of the defendant. A dedicated truck accident attorney can help you gather evidence, build a strong case, and advocate for your right to maximum compensation.
How Long Will It Take To Resolve An Accident Claim or Lawsuit?
The timeline for resolving legal actions related to these accidents can vary greatly depending on the specifics of your case. Factors that can affect the timeline for resolution include:
- The severity of injuries and damages sustained
- The complexity of the case
- Delays in obtaining evidence or documentation
- Court schedules and legal proceedings
While it may seem daunting to go through a lengthy legal process, seeking fair compensation for your losses can provide the financial support needed to move forward after a devastating collision.
Contact William Mattar Law Offices After A Truck Accident To Protect Your Rights
There is no denying that being in a collision is a traumatic and overwhelming experience. An experienced attorney can help you understand your rights and fight for fair compensation.
At William Mattar Law Offices, we can help you confidently pursue a personal injury lawsuit to recover the maximum compensation for your losses. Our team has years of experience handling truck accidents and understands the complexities involved. We strive to make the legal process as stress-free as possible for our clients.
Contact us today online or at 444-4444 to speak with a truck accident lawyer from our firm and learn how we can help you receive maximum compensation.
Truck Accident FAQs
What is the statute of limitations for filing a personal injury claim?
In New York, the statute of limitations for filing a personal injury claim is typically three years from the accident date. However, this may be shorter, depending on the circumstances of your case. There may also be shortened conditions precedent, such as notice of claim deadlines. Speak to a lawyer as soon as possible after an accident to protect your right to compensation.
Will my case go to trial?
Most personal injury cases are resolved through settlements rather than going to trial. However, if a fair settlement cannot be reached, a lawyer may recommend taking your case to trial in order to seek maximum compensation for your losses.
How much does a truck accident lawyer cost?
Most personal injury attorneys work on a contingency fee basis, only collecting legal fees once compensation is recovered. A lawyer can discuss the details of this fee arrangement during a free case evaluation.
Can I sue both the trucker and the trucking company?
Yes, you may be able to sue both the truck driver and the trucking company for damages. The specific circumstances of the accident will determine who can be held liable for your losses. An experienced truck accident attorney can help you identify all responsible parties and pursue fair compensation from each.
What is pain and suffering?
Pain and suffering refers to the physical and emotional distress a person experiences as a result of their injuries. These damages are often included in personal injury claims to compensate for the non-economic impact of the incident on the victim's life.