How Do Truck Accident Claims Work in NY?

The truck accident claim process differs significantly from standard auto accident claims. Commercial trucks are subject to both state and federal regulations, multiple parties may share liability, and insurance policies often involve substantially higher coverage limits. If you've been injured in a truck crash in New York, knowing the steps involved in filing a claim can help you make informed decisions about your case.

New York's No-Fault Insurance System and Truck Accidents

New York operates under a no-fault insurance system that applies to most truck accident claims. This system requires drivers to carry Personal Injury Protection (PIP) coverage, which provides immediate benefits regardless of who caused the accident. When you're injured in a truck crash, your own insurance company becomes the first source of compensation for medical bills and lost wages.

Filing Your No-Fault Claim

After a truck accident, you must file a written notice with your own insurance company within 30 days. This notice should include when and where the accident happened, the parties involved, how the collision occurred, the injuries you sustained, and the medical treatment you require. Your PIP insurance will cover 80% of your medical expenses and lost earnings up to $10,000, with lost wages capped at $2,000 per month.

The no-fault system provides quick access to benefits for immediate needs, such as emergency room visits, doctor appointments, and physical therapy sessions. However, these benefits represent only a fraction of what you may need to recover from a serious truck accident. When damages exceed your PIP coverage or your injuries meet certain thresholds, you gain the right to pursue compensation from the at-fault party's insurance company.

The Serious Injury Threshold

New York law restricts your ability to sue for non-economic damages like pain and suffering unless your injuries qualify as "serious" under Section 5102(d) of the New York Insurance Law. According to Federal Motor Carrier Safety Administration data, large trucks were involved in 5,904 fatal crashes in 2021, with 82% of fatalities being occupants of other vehicles involved in these collisions.

The serious injury threshold includes:

• Death
• Dismemberment
• Significant disfigurement
• Fracture
• Loss of a fetus
• Permanent loss of use of a body organ, member, function, or system
• Permanent consequential limitation of use of a body organ or member
• Significant limitation of the use of a body function or system
• A medically determined injury or impairment of a non-permanent nature that prevents you from performing substantially all of the material acts constituting your usual and customary daily activities for not less than 90 days during the 180 days immediately following the accident.

Most truck accident claims meet this threshold due to the severe nature of injuries when commercial trucks collide with passenger vehicles. The force of impact from vehicles weighing up to 80,000 pounds often results in traumatic brain injuries, spinal cord damage, multiple fractures, and internal organ damage.

Determining Liability in New York Truck Accident Cases

Multiple parties may share responsibility for a truck crash, and identifying all of them is necessary for full compensation.

• The truck driver: Operator negligence remains a common factor in truck crashes. Drivers may cause accidents through speeding, distracted driving, driving under the influence, violating hours-of-service regulations, or improper lane changes. When investigating your claim, attorneys review the driver's logbooks, employment records, and driving history to establish negligence.
• The trucking company: Under the legal doctrine of respondeat superior, employers are vicariously liable for their employees' negligent acts performed within the scope of employment. Trucking companies can also face direct liability for negligent hiring practices, inadequate driver training, failure to enforce safety regulations, or for pressuring drivers to violate hours-of-service rules.
• Cargo loading companies: Improperly loaded or secured cargo can shift during transport, causing the driver to lose control. If a separate company loads the truck, it may share responsibility for accidents arising from its negligent loading practices.
• Truck manufacturers: When defective truck parts or design flaws contribute to an accident, the manufacturer may be liable. This includes defects in brakes, tires, steering systems, or other components that compromise vehicle safety.
• Maintenance companies: Third-party contractors responsible for truck maintenance can be held liable when inadequate repairs or missed maintenance issues lead to mechanical failures and accidents.

Federal regulations mandate that commercial trucks carry substantial liability insurance. According to FMCSA requirements, trucks involved in interstate commerce must have a minimum of $750,000 in liability coverage, with higher amounts required for trucks transporting hazardous materials (a minimum of $5 million).

The Truck Accident Claim Process in New York

Filing a truck accident claim requires strategic action and careful documentation. The claims process unfolds through several distinct phases, each requiring skilled handling to protect your rights.

Immediate Steps After the Accident

Prioritize your health and safety first. Call 911 to report the accident and request medical attention even if injuries seem minor. Adrenaline can mask serious injuries, and prompt medical evaluation creates necessary documentation linking your injuries to the accident. The police report generated at the accident scene becomes a critical piece of evidence in your claim.

If physically able, gather evidence at the accident scene. Take photographs of vehicle damage, skid marks, road conditions, traffic signs, and any visible injuries. Collect contact information from witnesses, as their statements can corroborate your account of how the accident happened. Note the truck's DOT number, license plate, and the trucking company's name displayed on the vehicle.

Building Your Truck Accident Case

After addressing immediate medical needs, consult with an experienced truck accident attorney. Your truck accident lawyer will immediately begin preserving evidence, which is particularly important because trucking companies often have investigators at accident scenes within hours.

Your attorney will send preservation letters to the trucking company, ordering them to maintain critical evidence, including the truck's electronic logging device (ELD) data, driver logs, maintenance records, the truck's "black box" data recorder, driver personnel files, and drug testing results.

These documents reveal whether the trucking company and driver complied with federal safety regulations. Violations of Federal Motor Carrier Safety Administration rules significantly strengthen liability claims.

Calculating Your Damages

An accurate valuation of your damages requires consideration of both economic and non-economic losses.

• Economic damages include medical expenses (hospital bills, surgery costs, medications, rehabilitation, physical therapy, and future medical care), lost income (wages lost due to time away from work, including future earning capacity), and property damage (repair or replacement costs for your vehicle).
• Non-economic damages compensate for pain and suffering, emotional distress, loss of enjoyment of life, and disfigurement or scarring.

In catastrophic injury cases, our personal injury attorneys will work with medical experts and economists to project lifetime costs and losses, providing testimony supporting claims for future medical expenses and lost earning capacity.

Negotiating with Insurance Companies

Insurance adjusters work for insurance companies, not accident victims. Their goal is to minimize claim payouts.

• Disputing liability or claiming comparative negligence.
• Questioning the severity of your injuries.
• Arguing that your injuries pre-existed the accident.
• Offering quick, low settlement amounts before you understand the full extent of your damages.
• Requesting recorded statements that they can use against you.
• Delaying the claims process, hoping you'll accept less out of financial desperation.

Our experienced truck accident attorneys handle all communications with insurance companies, protecting you from making statements that could harm your claim. Your lawyer will compile comprehensive evidence supporting your damages, counter lowball settlement offers with detailed demand packages, and negotiate aggressively for fair compensation.

Many truck accident claims settle through negotiation, avoiding the time and expense of trial. However, your attorney must be prepared to take your case to court if the insurance company refuses to offer appropriate compensation.

NY Personal Injury Lawsuit for Truck Accidents

When settlement negotiations fail to produce adequate compensation, filing a personal injury lawsuit becomes necessary. New York law imposes strict deadlines for initiating legal action, making timely consultation with a truck accident lawyer indispensable.

Statute of Limitations in New York

The statute of limitations establishes the timeframe within which you must file your lawsuit. Under New York Civil Practice Law & Rules (CPLR) § 214, you generally have three years from the accident date to file a personal injury lawsuit. For wrongful death claims, the statute of limitations is two years from the date of death.

However, if a government entity owns the truck or employs the driver, you must file a Notice of Claim within 90 days of the accident. Missing these deadlines typically results in permanent loss of your right to pursue compensation.

The Litigation Process

Filing a lawsuit initiates formal legal proceedings. Your personal injury lawyers will draft and file a complaint outlining your allegations, the legal basis for liability, and the damages you seek.

Discovery follows, where both sides exchange information and evidence. This phase includes written interrogatories, document requests, and depositions, during which witnesses provide sworn testimony. In truck accident cases, discovery often involves extensive document review, expert witness consultations, and technical analysis of trucking industry regulations.

Many cases settle during litigation before reaching trial. Settlement negotiations may intensify as trial approaches and both sides gain a fuller understanding of the evidence and potential trial outcomes. If the case proceeds to trial, a judge or jury will hear evidence from both sides and render a verdict determining liability and damages.

Special Considerations in Commercial Truck Accident Claims

Commercial vehicle accidents present unique challenges that distinguish them from standard auto accident claims. These factors complicate the claims process but also create opportunities for enhanced recovery when handled by knowledgeable attorneys.

Federal Regulations and Compliance

The trucking industry operates under extensive federal regulations established by the Federal Motor Carrier Safety Administration. These rules govern driver qualifications, hours of service, vehicle maintenance, cargo securement, and safety protocols. Violations of these regulations provide powerful evidence of negligence in accident claims.

Key federal regulations include:

• Hours of service rules: Drivers are limited to 11 hours of driving after 10 consecutive hours off duty. Violations often indicate fatigue, a leading cause of truck accidents.
• Commercial driver's license requirements: Truck drivers must hold valid CDLs appropriate for the vehicles they operate.
• Vehicle inspection and maintenance standards: Trucks must undergo regular inspections following prescribed schedules. Maintenance records reveal whether companies prioritized safety.
• Drug and alcohol testing: Commercial drivers are subject to mandatory testing programs.

New York state laws also regulate commercial trucks. Vehicle and Traffic Law Section 385 establishes size and weight restrictions for trucks operating on New York roads. Overweight or oversized trucks without proper permits present serious safety hazards.

Multiple Insurance Policies

Commercial truck accidents often involve multiple insurance policies. A single accident might trigger the truck driver's policy, the trucking company's commercial auto liability policy, cargo insurance, and umbrella or excess liability policies.

Accident Reconstruction and Expert Witnesses

Truck accident cases frequently require expert testimony to establish causation and damages. Accident reconstruction experts analyze physical evidence, vehicle damage, skid marks, and electronic data to recreate the accident sequence. These experts can determine vehicle speeds, impact forces, and whether driver actions violated safety standards.

Medical experts testify about injury severity, treatment needs, and prognosis. Economic experts calculate lost earning capacity and future care costs. In cases involving regulatory violations, industry experts explain trucking standards and how defendants' conduct deviated from accepted practices.

How to Maximize Your Truck Accident Settlement

Several strategies can strengthen your claim and increase the compensation you receive.

Document Everything

Comprehensive documentation supports every aspect of your claim. Keep detailed records of all medical treatment, lost wages, out-of-pocket expenses, and how injuries affect your daily life. Take photographs documenting your injuries as they heal.

Follow Medical Treatment Plans

Attending all scheduled appointments and following your doctor's treatment recommendations demonstrates the severity of your injuries. Gaps in treatment give insurance companies ammunition to argue that your injuries weren't serious.

Avoid Social Media

Insurance companies routinely monitor claimants' social media accounts, looking for posts they can use to challenge injury claims.

The safest approach is to avoid social media entirely while your claim is pending. If you must use social platforms, set all accounts to private and don't discuss your accident, injuries, or claim. Never post photographs or check-ins that could be misconstrued.

Don't Accept Quick Settlement Offers

Insurance companies often make low settlement offers shortly after accidents, hoping victims will accept inadequate compensation before understanding the full extent of their damages.

Consult with an experienced truck accident attorney before accepting any settlement offer. Once you sign a release and receive payment, you generally cannot pursue additional compensation.

Get Help from Fellows Hymowitz Rice

Truck accident claims in New York involve complex legal issues, technical regulations, and significant financial stakes. When you're recovering from serious injuries and facing mounting medical bills, you need knowledgeable advocates handling your claim. At Fellows Hymowitz Rice, our exceptional attorneys have the experience to guide you through each step. Contact us today for a free consultation to discuss your truck accident case.