What to Do After a Truck Accident in New York State

Accidents with commercial trucks, such as tractor trailers and large delivery trucks, can be devastating. They are also complex. Truck accidents often cause more severe injuries than car crashes and have additional legal and insurance challenges to navigate as well.

Knowing what to do after a truck accident in New York State, whether in the Buffalo area or other parts of upstate New York, is important. It can significantly affect your chances to build a solid legal case and truck accident lawsuit, if necessary. This will help you to receive the compensation you need. As commercial truck accident lawyers, here are some tips to keep in mind.

Ensure Your Safety

The physical safety of yourself and anyone else involved in the truck accident is top priority. If you can, move your vehicle safely off the road. Use any warning signals that are available like reflector triangles or four-way blinkers.

If you cannot move your car or truck and are at risk, such as your car is on fire or there is risk of another collision, leave your vehicle as quickly and safely as possible.

Call Responders as Soon as Possible

If you can, call 911 if anyone needs emergency medical attention. Otherwise, contact local police or New York State Troopers (1-866-723-3697) as soon as you can to report the truck accident.

Filing a police report is required by New York state law for any accident with significant damage. It can also serve as valuable evidence in a personal injury lawsuit you may need to pursue. Insurance companies often try to deny responsibility or minimize injuries. Report any injuries, pain, numbness, or other symptoms you may feel at the time, no matter how minor they might seem. Injuries and symptoms can often become worse over time and it’s important to establish when they began.

Gather Information About the Truck Accident

Whenever it is safe for you to do so, document as much as you can about the truck accident and the scene. This includes:

• Exchanging information with the truck driver, including the name of their trucking company
• Recording names and contact information of any witnesses
• Recording names of the police officers on scene
• Taking photos of the scene including damage to the vehicles, damage to the surrounding environment, and any skid marks or debris
• Taking pictures of the license plate number of both the tractor and trailer
• Taking pictures of the name and DOT number on the cab of the truck
• Taking photos of any sustained injuries
• Documenting the truck driver or other witnesses’ statements

It’s understandable that you might be injured and unable to document the scene. As soon as you are able, whether in the hospital or at home, try to write down as much as you know and remember from the accident. It is easy to forget details over time, even for such an upsetting event.

Don’t Forget About Electronic Evidence

Most modern commercial vehicles have sophisticated electronic systems that track their every move, like GPS systems, dash cams, and sensors. These systems monitor the vehicle’s speed, lane position, braking, and even mechanical function. Also, drivers of semi-trucks typically must track their driving and break times in electronic logbooks.

This electronic evidence is often crucial in a truck accident claim, such as reckless driving, fatigue, poor maintenance, and other issues that contributed to your crash.

However, trucking companies don’t have to hold onto this evidence forever. After a wreck, you must act quickly to preserve this evidence. If you have a lawyer, they will send letters to the trucking company, ensuring that you get access to this valuable electronic data.

RELATED: How to Determine Who Is at Fault in a Car Accident

Watch What You Say at the Scene

Emotions can naturally run high at an accident scene. Try to remain calm. Be polite and helpful to those around you, but do not admit fault. Anything you can say – even an instinctive “I’m sorry” – could be used against you to deny or reduce any insurance claims you make.

Always Seek Medical Care

Even if you believe you have minor injuries after a truck accident, see a doctor. Our bodies tend to hide pain and injury severity behind pure adrenaline. Significant symptoms often appear hours or days after an accident.

Call your doctor or visit an urgent care facility as soon as possible. This helps ensure that any hidden injuries start receiving attention. It also establishes an ongoing medical record. This record is important if an insurance company claims that your injuries were pre-existing or not from the truck accident.

Follow what your medical professional suggests you do for treatment. This may be X-rays, MRIs, or other care. Follow their directions as specifically as possible. An insurance company could use a refusal to follow a treatment plan as a sign that your injuries are not as serious as you claim.

Don’t State or Sign Anything Without an Attorney

You are required to report the accident to your insurance company. Your truck accident lawyer should deal with the trucking company’s insurance company.

Remember, the insurance company’s job is to provide as little compensation as possible. The insurance adjuster may take any recorded or signed statements you make and use them as evidence against you.

It’s not uncommon for representatives from the trucking company and its insurers to pressure you into making statements. They might try to get you to make a statement or sign off on compensation as early as possible, knowing you will be left on the hook for more costs should your injuries worsen over time.

You are under no obligation to interact with adjusters. It is best to retain an experienced truck accident attorney to handle communications and insurance negotiations for you.

RELATED: Filing an Injury: What to Expect

Talk With a New York Truck Accident Attorney as Soon as Possible

While you do not have to speak with the insurance company and its representatives, it’s still extremely important to start taking the legal action you need as quickly as possible.

Evidence that can be used in your favor can disappear quickly, especially after a truck accident. Witnesses disappear. The trucking company only keeps information for a limited time. When they destroy it, it’s gone. Your truck accident attorney has the experience to know what to look for. Your attorney will secure evidence from the trucking company, as well as other evidence such as footage from other cameras surrounding the scene, before it is lost.

A New York truck accident attorney is also well versed in the laws of the state. This will serve as a crucial point of contact with insurance companies. Your truck accident lawyer will help you pursue additional avenues of compensation. Examples are if additional parties such as defective truck parts manufacturers or reckless loaders had contributed to the accident.

Ultimately, a truck accident attorney can help you focus on recovery while he or she takes care of the rest. This includes full compensation for your injuries and for future medical care and lost wages you might lose in the future.

Contact Feroleto Law for Trucking Accident Expertise

When you are looking for truck accident attorneys with proven experience and influence, Feroleto Law has got it.

John Feroleto served as chair of the National Interstate Trucking Litigation Group of the American Association for Justice, a national group of the top truck accident lawyers in the United States.

Our firm knows how to manage truck accident cases and the complexities that arise within them. We’ve been one of Western New York’s leading personal injury firms for more than 30 years, putting clients first and knowing what it takes to get results.

And at Feroleto Law, you will pay no up-front legal fees. We get paid only when we win compensation in your truck accident case.

Call our office at (716) 427-0243 or fill out our contact form to schedule a free consultation.