A collision with a commercial truck can quickly become more complex than your usual car crash, and taking a few steps quickly can help you protect your rights if you’ve been injured.
Dealing with an injury after a truck accident can easily become more complicated than after passenger-vehicle crashes, either because of the potential for especially severe injuries or because of the complexity of the documentation needed to settle insurance claims and protect your legal rights following the crash. For Amityville and Long Island residents, taking a few critical steps immediately after a crash can help you get the medical care you need and preserve the evidence that can help you in the weeks ahead. Finding an experienced attorney, like a Levine and Wiss Amityville auto accident attorney, can help you navigate the aftermath of the crash and can also be an important step. Here are a few things to know.
What Makes Truck Crashes Complex
Collisions with commercial trucks aren’t rare. While New York City residents may sometimes have the luxury of travel by subway or chauffeur services, in the suburbs, you often have to hit the road, and there is no shortage of commercial truck traffic. NYSDOT estimates that over 21,000 commercial trucks travel the Long Island Highway. In and near Amityville, commercial trucks may travel through busy village roads, which can create opportunities for collisions with pedestrians and cyclists, and along the Route 110 corridor, where they compete with crowded commuter traffic. And while hopefully you won’t ever need to deal with a truck crash involving an airplane like this year’s LaGuardia collision, Amityville locals may remember the big 2018 crash when a Prius collided with a flatbed truck, spilling the truck’s cargo of cinder blocks across an intersection.
Truck crashes often involve more complex liability issues than other traffic collisions. This is because a commercial truck accident can easily involve more parties. There are not only the driver of the truck but also the trucking company, the vehicle owner, the cargo loader, the company that provides maintenance for the vehicle (or that may have failed to), and potentially the negligent driver of another vehicle. A passenger or pedestrian injured in a multi-vehicle crash that involved a commercial truck will need to identify all the potentially responsible parties. They will also need to determine which (and whose) insurance policies apply, which may prove no simple task.
Evidence Can Disappear Quickly
In these more complex liability scenarios, it’s crucial to collect the evidence you will need while that evidence is actually available. This might include photos, police reports, contact information for witnesses, and dashcam footage. Resolving a truck crash claim may also depend on evidence that is not visible to you at the scene. It might become important to secure black-box or electronic-logging data, maintenance records, delivery records, and company communications.
Suppose that a delivery truck hits your vehicle. You will need photos, witness names, and medical records to document your injury and the timeline of events. Or perhaps you are a pedestrian who is struck by a truck near an intersection. In this case, you will need statements from any witnesses and, importantly, traffic camera footage. Or maybe you are a commuter and, while you have made it through the collision with little or no medical injury, your vehicle has been damaged by a truck that was carrying unsecured cargo. This case will be especially complex because it raises questions about loading practices and company responsibility, beyond just the negligent actions of a driver.
Know Your Deadlines
New York’s Department of Motor Vehicles defines a reportable crash as any crash in the state of New York that causes a fatality, a personal injury, or damage over $1,000 to your property. But, there’s a catch: motorists have to report the crash within ten days. Be careful not to overlook that crash reporting deadline, as missing the deadline can deprive you of documentation that would be helpful in establishing and resolving an insurance claim or a suit.
This is also one reason why seeking medical attention quickly is important. Truck collisions may cause injuries that are not immediately obvious. You may not know right away that you have a concussion, or you may not realize the extent of a neck or back injury, or of soft tissue damage, while you are at the scene. Getting a medical evaluation promptly and seeking any necessary follow-up care can help limit the extent of the injury and can make it clearer to you what to report to the DMV.
When in doubt, consult with an experienced attorney to make sure your rights are protected, you know the steps to take, and that you have the documentation you need.
FAQs
Q. What should an Amityville resident do first after a truck accident? A. Determine if you or others have been injured and call 911 if so. If you’re able to, move to a safe location. Exchange insurance and contact information with others involved in the crash and with anyone who witnessed it. Photograph the scene. Seek medical attention as soon as you can.
Q. When does a New York crash need to be reported? A. In the state of New York, you can report a crash if there was a fatality or injury, or if there is more than $1,000 in property damage. You have ten days to file that report.
Q. How can local legal guidance help after an Amityville truck crash? A. If you have suffered an injury, a local attorney can help clarify New York’s reporting rules, issues you might encounter with insurance, and the steps involved in evaluating a serious truck accident claim. An attorney can also counsel you on steps to preserve the evidence that can help your case.
Disclaimer: This article is for general informational purposes only and should not be taken as legal advice. Reading this content does not create an attorney-client relationship. Truck accident laws, reporting requirements, insurance rules, and legal deadlines may vary depending on the facts of each case. Anyone involved in a truck accident should seek medical attention when needed and consult a qualified attorney licensed in their state for guidance specific to their situation.
