Truck accidents often prove deadly largely due to the size and weight difference between commercial trucks in comparison with regular passenger vehicles. The aftermath of a truck accident can be overwhelming, especially if there are injuries and significant property damage for the victims involved. In New York, where traffic congestion and the prevalence of commercial vehicles make truck accidents more common, knowing what to do — and what mistakes to avoid — is crucial to protect your legal rights, ensure proper compensation, and manage the situation effectively. Below are seven key mistakes to avoid after a truck accident in New York.
1. Failing to call the Police
Failing to call the police after a truck accident can be a critical issue. In New York, the law requires that any accident involving injury, death, or significant property damage must be reported to the authorities. The police will document the accident scene, gather witness statements, and write a report. This report becomes an essential piece of evidence when filing insurance claims or pursuing legal action. Without an official police report, proving fault and demonstrating the severity of the accident becomes more challenging, and insurance companies may use this to dispute your claim. However, we have recovered a lot of money for accident victims where no police report existed.
2. Failing to Seek Immediate Medical Attention
Another common mistake is delaying medical attention after a truck accident. Even if you believe that you haven’t been injured or that your injuries are minor, it is crucial to get checked by a healthcare professional. Some injuries, such as whiplash, internal bleeding, or concussions, may not show symptoms right away but can worsen over time.
In addition to protecting your health, seeking prompt medical care is important for legal reasons. Medical records provide clear documentation of your injuries and link them directly to the accident. If you delay medical treatment, insurance companies can argue that your injuries were not caused by the accident or were not as serious as claimed, which can jeopardize your compensation.
3. Admitting Fault at the Scene
In the moments after a truck accident, emotions are often high, and it can be tempting to apologize or accept fault. Admitting fault, either to the truck driver, the police, or witnesses, can severely hurt your case later on. New York follows a “comparative negligence” rule, meaning that if you are found partially at fault, your compensation can be reduced based on your percentage of liability.
Instead, focus on gathering information and let the police and insurance adjusters determine who is at fault based on the evidence. Even a seemingly innocent comment can be used against you when trying to recover damages.
4. Not Gathering Evidence at the Scene
In the chaos following a truck accident, it’s easy to overlook the importance of collecting evidence. However, the information you gather at the scene can be invaluable when filing a claim or pursuing a lawsuit. If you are physically able, take photos or videos of the accident scene, including the positions of the vehicles, any visible damages, road conditions, and traffic signs or signals.
Also, obtain contact information from witnesses, as their testimonies can provide key support for your case. Don’t rely on the police to gather all the evidence — while their report is important, additional documentation can strengthen your claim. The more evidence you have, the better your chances of securing fair compensation.
5. Not Reporting the Accident to Your Insurance Company
Another critical mistake is failing to notify your insurance company after a truck accident. New York is a no-fault insurance state and your insurance policy may cover your medical expenses and some lost wages regardless of who was at fault for the accident. However, to receive these benefits, you must promptly report the accident to your insurer.
Delaying this report or failing to file altogether can result in denied claims or delays in receiving compensation. Additionally, if the truck driver was at fault, your insurance company may pursue a claim against the trucking company or its insurer. Providing timely notice ensures that you comply with the terms of your policy and avoid complications in your claim. But speak to a personal injury lawyer before contacting your insurance company so your rights can be protected.
6. Accepting the First Settlement Offer
After a truck accident, the at-fault party’s insurance company may quickly offer you a settlement. While it may be tempting to accept this offer, especially if you are facing medical bills or lost income, it’s a mistake to do so without consulting an attorney. Initial settlement offers are often much lower than the actual value of your claim and may not account for future medical expenses, ongoing treatments, or long-term expenses such as loss of earning capacity.
Once you accept a settlement, you generally waive your right to pursue further compensation, even if your condition worsens or additional costs arise. It is always advisable to consult with an experienced truck accident attorney before contacting your insurance company to ensure that it fully covers your current and future losses.
7. Not Consulting an Attorney who handles Truck Accidents
Truck accidents are more complex than typical car accidents due to the involvement of commercial trucking companies, federal regulations, and multiple insurance policies. Failing to consult an attorney who handles truck accident cases is a major mistake that can limit your ability to recover full compensation.
Truck accident cases often involve investigating the truck driver’s qualifications, whether they complied with hours-of-service regulations, and whether the trucking company followed proper maintenance procedures. An experienced attorney can help navigate these complexities, gather evidence such as electronic logging device (ELD) records, and negotiate with multiple parties on your behalf. They can also ensure that deadlines, such as the statute of limitations for filing a lawsuit, are met.
Moreover, trucking companies often have teams of lawyers and insurers working to minimize their liability, so having legal representation on your side helps level the playing field. An attorney will also help you calculate the full extent of your damages, including non-economic losses like pain and suffering, ensuring that you are adequately compensated for all the harm you’ve suffered.
Contacting an Experienced Truck Accident Lawyer
If you or a loved one has been injured in a truck accident, or if you have lost a loved one in a motor vehicle accident caused by a negligent or careless driver, the experienced attorneys at the Law Offices of Kenneth A. Wilhelm can help you better understand your legal rights and options, and also fight hard to recover just compensation for you.
For over 52 years, our skilled accident attorneys have established a proven track record of helping injured victims get fair compensation for their losses. Our law firm recently recovered $5,600,000 for a bicyclist who was hit by a van, and $2,550,000 for another victim of a truck accident, and $3,000,000 for a pedestrian who was hit by a car, and $2,000,000 in a hit-and-run accident, and the full $1,000,000 insurance policy for a pedestrian who was hit by a truck, and $4,625,000 for a driver who was in a car and was hit by a van, and $2,500,000 for a man who fell through an improperly secured hole. Also, one of our clients obtained a verdict for $43,940,000 and another of our clients got a verdict for $23,500,000, both in medical malpractice cases.
Please contact us TOLL FREE 24 hours a day, 7 days a week at 1-800-WORK-4-YOU (1-800-967-5496). WE CAN EVEN COME TO YOU. There is no attorneys’ fee unless we recover money for you. We can also help with personal injury, lead poisoning and medical malpractice cases including, brachial plexus palsy (Erb’s palsy) and cerebral palsy cases in New York, New Jersey, Connecticut, Pennsylvania, or Florida. If you have been seriously injured in any of the 50 U.S. states, please call us and we will try to help you with your case.
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