New York Truck Accident? Protect Your Injury Claim

Immediate Steps After a Truck Crash

• Call 911 and request police and medical assistance.
• Get medical care right away and follow treatment recommendations. Keep discharge papers and bills.
• Exchange information with drivers and witnesses; note DOT numbers and company names on the truck and trailer.
• Take photos of vehicles, license plates, DOT/USDOT markings, cargo, skid marks, road conditions, damage, and visible injuries.
• Avoid detailed statements to insurers at the scene. Provide only factual basics to law enforcement.

Understanding New York No-Fault (PIP) Benefits

New York’s no-fault system may cover certain economic losses regardless of fault, including reasonable and necessary medical expenses and a portion of lost earnings, subject to policy terms and exclusions. To seek these benefits, you typically must submit a no-fault application and supporting documentation to the appropriate insurer. Written notice is generally due within 30 days of the accident, with limited exceptions. See the New York State Department of Financial Services overview: DFS No-Fault Automobile Insurance.

Preserve Critical Evidence Early

Commercial trucking cases involve time-sensitive evidence. Act promptly to help secure:

• Electronic data: event data recorders (EDR), engine control module (ECM) downloads, telematics, GPS, and dashcam footage.
• Driver records: hours-of-service logs, electronic logging device (ELD) data, pre-/post-trip inspections, training files, prior incidents.
• Carrier records: dispatch instructions, bills of lading, load/weight tickets, maintenance and repair records, safety policies, and compliance materials.
• Third-party sources: 911 audio, traffic and toll cameras, nearby business surveillance, tow and storage records, and roadway maintenance logs.
• Physical evidence: vehicle damage, cargo securement devices, debris fields, and roadway markings.

Some records exist only for limited periods. For example, federal regulations require motor carriers to retain records of duty status/ELD data and supporting documents for six months (49 C.F.R. § 395.8(k)(1)) and maintain certain vehicle records for 12 months while in service and six months after leaving the carrier’s control (49 C.F.R. § 396.3(c)).

Who May Be Liable

Potentially responsible parties can include the truck driver, motor carrier, trailer owner, freight broker, shipper or loader, maintenance contractors, manufacturers of defective parts, and other motorists. Liability theories may include negligence, negligent hiring or retention, statutory or regulatory violations, and product defects. New York applies comparative fault, which can reduce recovery in proportion to a claimant’s share of responsibility (N.Y. C.P.L.R. § 1411).

Insurance Layers and Corporate Structures

Commercial trucking often involves multiple insurance layers and entities: motor carrier liability policies, excess or umbrella coverage, trailer coverage, cargo policies, and broker or shipper coverage. Carriers may operate through affiliates or independent contractors. Identifying all applicable policies and entities early can expand available coverage.

Notify Insurers and Preserve Your Claim

Provide timely notice to the correct insurers for both no-fault and liability claims. Written preservation (spoliation) letters should identify the crash, request retention of specified evidence, and ask for notice before any vehicle inspection or repair. Independent inspections by qualified experts may be necessary.

Medical Documentation and the Serious Injury Threshold

In bodily injury claims against at-fault drivers, you must prove damages and, in many cases, that injuries meet New York’s statutory “serious injury” threshold defined in N.Y. Ins. Law § 5102(d). This threshold affects recovery of noneconomic loss under N.Y. Ins. Law § 5104(a). Medical records, diagnostic imaging, treatment plans, and provider opinions are central to establishing causation, extent of injury, and impact on daily activities and work.

Common Defenses and How to Address Them

• Comparative negligence (speeding, distraction, following distance).
• Sudden emergency or unavoidable accident claims.
• Medical causation disputes or attribution to preexisting conditions.
• Compliance defenses based on hours-of-service, maintenance, or training records.

Address these with early expert analysis, complete medical documentation, and thorough investigation of carrier compliance and driver conduct.

From Claim to Lawsuit

Most cases begin with insurance claims and negotiations. If a fair resolution is not reached, a lawsuit may be filed in a New York court with jurisdiction over the defendants. Litigation typically includes discovery, exchange of documents and data, depositions, motion practice, expert reports, and, if necessary, trial. Settlement can occur at any time. For a general overview of auto claims in New York courts, see the court system guidance: NY Courts – Auto Accidents.

Key New York Deadlines

• No-fault (PIP) notice: Written notice to the no-fault insurer is generally due within 30 days of the crash, with limited exceptions (DFS No-Fault).
• Negligence lawsuits: Generally 3 years from the date of the accident, subject to exceptions (N.Y. C.P.L.R. § 214(5)).
• Claims against municipalities or public entities: A Notice of Claim is generally due within 90 days, and lawsuits often must be filed within 1 year and 90 days, subject to entity-specific rules and exceptions (G.M.L. § 50-e; G.M.L. § 50-i).

Public Entity and Special Notice Requirements

Claims involving municipalities, public authorities, or other governmental entities can have separate and often shorter notice and filing requirements that vary by entity and claim type. Promptly identify applicable procedures and deadlines and seek legal guidance (G.M.L. § 50-e).

Practical Tips to Strengthen Your Case

• Keep a symptom and treatment journal, and save receipts and mileage for medical visits.
• Follow medical advice; gaps in treatment can harm your claim.
• Limit social media; photos or posts may be used to challenge your injuries.
• Centralize documents: police report, insurance letters, medical records, photos, employment and wage documentation.
• Consult counsel experienced in New York trucking law and commercial carrier practices.

How a Lawyer Can Help

An attorney can identify all potentially liable parties, send preservation demands, coordinate vehicle and scene inspections, retain appropriate experts, navigate no-fault and liability coverage, evaluate economic and noneconomic damages, and advocate in negotiations and court. Talk to a New York truck accident attorney.

FAQ

Do I file no-fault if I was a passenger or pedestrian?

Yes, no-fault may apply to occupants and many pedestrians or bicyclists struck by a motor vehicle in New York. The correct insurer depends on the vehicles involved and policy rules.

What if the trucking company is from out of state?

You can often bring claims in New York if jurisdiction and venue requirements are met. Many federal safety regulations still apply regardless of the home state.

Should I speak to the trucking insurer?

Provide only basic facts and do not give recorded statements before consulting counsel. Statements can be used to limit or deny your claim.

How is pain and suffering available in a no-fault state?

Noneconomic damages are generally available against at-fault parties only if you meet the serious injury threshold under New York law.

How long do I have to sue?

Many negligence claims have a three-year limit from the accident date, but shorter deadlines can apply to public entities. Do not wait to get advice.

What if evidence is disappearing?

Have your attorney send immediate preservation letters and, if needed, seek court intervention to prevent spoliation.

Can I still recover if I was partly at fault?

Yes. Under comparative fault, your recovery can be reduced by your percentage of responsibility, but not barred.

What experts are commonly used?

Accident reconstructionists, trucking safety experts, biomechanical experts, vocational and economic loss analysts, and medical specialists are common.

Where can I learn more about auto accident claims in NY courts?

See the court system overview: NY Courts – Auto Accidents.

Next step?

Schedule a free consultation to protect your rights and deadlines.

Sources

• New York State Department of Financial Services – No-Fault Automobile Insurance
• N.Y. Ins. Law § 5102(d) and § 5104(a)
• N.Y. C.P.L.R. § 1411
• N.Y. C.P.L.R. § 214(5)
• N.Y. Gen. Mun. Law § 50-e and § 50-i
• 49 C.F.R. § 395.8(k)(1)
• 49 C.F.R. § 396.3(c)
• NY Courts – Auto Accidents overview

Disclaimer

This blog is for general informational purposes only and is not legal advice. Reading it does not create an attorney-client relationship. Legal requirements and deadlines can vary and change; consult a licensed New York attorney about your specific situation.