Feroleto Law, Buffalo NY
trucking-wreck

What To Do After a New York Truck Accident

Contact the police and get medical care.

If you didn’t call the police at the scene of a New York accident call the local police department or the New York State Troopers to report the truck accident.  Call your doctor or seek medical care.  Significant injuries often appear minor early on but get worse over time.  You should report any minor pain or aching, tightness, numbness or loss of feeling.

 

Record information about the New York truck accident.

Once you’re situated, whether it be home, at a hospital or other location write down information while it is fresh in your mind; the names of witnesses, the police, New York State Troopers, rescue squad, and facts of the accident.  Often information, such as a witness’s name, will be forgotten or lost quickly.

You can download or use a copy of our glove compartment accident form.

 

Retain an experienced New York Truck Accident Lawyer quickly

  • Trucking companies and drivers are required by law to keep records such as logs of drivers’ hours and safety inspections.
  • Too often, truck accidents are caused by fatigued drivers who violated maximum hour laws.
  • Equipment violations often cause big rig accidents.  Many trucking companies destroy or dispose of records after the minimum amount of time allowed by law.  Even if a truck driver admits fault at the scene he may be limited or forced by his employer not to repeat those statements at a later time.
  • An experienced New York truck accident attorney can if retained early on.

Notify your insurance company or agent

You are required to promptly notify your insurance company.  If you fail to do so you may lose insurance coverage for the New York truck accident.

 

File your application for New York no-fault benefits

You must file your New York no-fault form to cover medical bills and expenses and secure lost wages.  Generally you must file within 30 days or have a good reason why you didn’t.  Otherwise the insurance company may refuse to pay.

  • It is not unusual for symptoms to progressively worsen.  Many people try to “shake it off” without medical care only to see their condition deteriorate to the point where they can no longer work.  File your no fault form.
  • If you need medical care at a later time or can’t work, your medical benefits and lost wages will not be covered.
  • For any questions fill out our contact form or call us at (716) 854-0700 for questions about no-fault or your truck accident.

 

Check your New York auto insurance policy to confirm the type of coverage you have

You should review your New York auto insurance policy soon after the New York truck accident.  The policy requires your insurance company to provide no-fault benefits.  The company is not doing this by choice.  It is required to by New York law.

  • You may have other benefits such as SUM (Supplemental Uninsured Motorist Coverage), UM (Uninsured Motorist Coverage), APIP (Additional Personal Injury Protection), OBEL (Optional Basic Economic Loss) or spousal coverage.

In addition, there may be other applicable insurance coverage such as New York State Disability or Workers Compensation.  This is why you should talk to an experienced New York truck accident attorney.

 

Never sign a release or give a statement to the trucking company’s representatives

  • You have no duty to provide a statement to the trucking company’s representatives.
  • The trucking company’s investigator or insurance adjuster may be phrasing questions specifically to put fault on you.
  • He or she may start questioning you at length before you have had a chance to think through precise answers.  Casual answers like “a minute or two” may not be precise and could be extremely critical in the future.
  • Claims adjusters may be aware your medical condition will likely deteriorate and attempt to settle on the cheap before your injuries are fully diagnosed.
  • What might appear to be a limited release for property damage to your car could include language prohibiting you from recovering for your personal injuries.

John Feroleto knows truck cases. He was elected to head the national Interstate Truck Litigation Group of the American Association for Justice and is a past chair of the group. If you have a question on a New York truck accident you can complete our contact form or call (716) 854-0700.