Detailed Answer — Filing a Claim After a Truck Crashed Into You (New York)
This guide explains the typical steps to take under New York law when a truck crash injures you. It assumes no prior legal knowledge. This is an educational overview and not legal advice.
1. Immediate steps after the collision
- Call 911. Seek medical attention right away. If you delay treatment, insurers and courts may question whether your injuries were caused by the crash.
- Get basic information: driver name, vehicle registration, trucking company name, DOT/MC number (often on the truck), insurance information, and contact information for witnesses.
- Document the scene: take photos of vehicles, skid marks, road signs, injuries, and position of vehicles. Preserve vehicle damage and your clothing.
- Obtain the police accident report number and request a copy later. In New York, you can find crash reporting guidance at the New York DMV: https://dmv.ny.gov/driver-history/report-crash
2. File an insurance claim (No‑Fault first)
New York uses a no‑fault auto insurance system. You should report your injuries to your own auto insurer to access Personal Injury Protection (PIP) benefits (medical payments, reasonable and necessary medical care, lost earnings up to statutory limits). The statutory definitions governing “serious injury” and related rules are in New York Insurance Law §5102: https://www.nysenate.gov/legislation/laws/INS/5102
Important: No‑fault benefits do not prevent you from pursuing a full negligence claim against the at‑fault party if you meet the statutory thresholds (for example, a “serious injury” as defined in Insurance Law §5102) or other exceptions. Review §5102 for the statutory definitions and rules: https://www.nysenate.gov/legislation/laws/INS/5102
3. Determine who to claim against
- The truck driver (personal liability for negligence).
- The trucking company (employer) — often liable under vicarious liability or for negligent hiring/supervision/maintenance.
- The vehicle owner, cargo loader, or maintenance providers, when their negligence contributed to the crash.
- Your own insurer for PIP benefits (first line of recovery).
- A government entity, if the truck was owned/operated by a municipality or state agency (special rules and notice deadlines apply).
4. Preservation of evidence and investigation
Trucking companies and drivers must keep records that often matter in these cases: logbooks, electronic logging device (ELD) data, maintenance records, driver qualification files, inspection reports, and cargo and dispatch records. Federal Motor Carrier Safety Administration (FMCSA) rules govern many of these records; see FMCSA regulations: https://www.fmcsa.dot.gov/regulations
To protect your claim, collect and preserve evidence quickly. Common steps include:
- Photographs and video from the scene and your injuries.
- Copies of medical records, bills, and imaging reports.
- Police report and witness statements.
- Requesting that the trucking company preserve records and the truck itself (a written preservation/spoliation letter is often used).
5. Time limits — statute of limitations
For most personal injury lawsuits in New York (including truck crash negligence claims), you generally have three years from the date of the accident to file a lawsuit. See New York Civil Practice Law & Rules (CPLR) §214: https://www.nysenate.gov/legislation/laws/CPLR/214
There are exceptions and shorter deadlines in some situations. For example, claims against municipal or state entities often require an early written notice of claim (commonly 90 days) and have special filing windows. See New York General Municipal Law §50‑e for notice requirements: https://www.nysenate.gov/legislation/laws/GML/50-E
6. Medical proof and the “serious injury” threshold
Under New York’s no‑fault framework, you may bring a civil action against the at‑fault party if you suffered a “serious injury” as defined by statute (paralysis, significant disfigurement, significant limitation of use of body organ or member, loss of fetus, or medically determined injury causing death, etc.). The statutory definition is in Insurance Law §5102: https://www.nysenate.gov/legislation/laws/INS/5102
Proving damages and causation requires medical records, expert opinions, treatment histories, and evidence of lost earnings. Keep detailed treatment records and follow your doctor’s plan.
7. Potential recovery
If you successfully prove negligence and damages, you may recover:
- Past and future medical expenses related to the crash.
- Pain and suffering (subject to proof and jury verdicts).
- Lost wages and reduced future earning capacity.
- Property damage and other out‑of‑pocket losses.
8. When a government vehicle or municipality is involved
If the truck is owned or operated by a local government or state agency, special notice and filing rules typically apply. Municipal claims commonly require a written notice of claim within 90 days under General Municipal Law §50‑e, and different filing deadlines apply for suits. See: https://www.nysenate.gov/legislation/laws/GML/50-E
9. Hiring legal help
An attorney experienced with truck collision cases can:
- Handle preservation letters and formal discovery to obtain trucking records.
- Evaluate liability (driver fatigue, speeding, improper loading, maintenance failures, or employer responsibility).
- Calculate damages and negotiate with insurers or pursue litigation if needed.
Attorneys in these matters often work on a contingency fee basis (you pay only if you recover). If you consult an attorney, bring medical records, police reports, photos, and contact details for witnesses and insurers.
10. Next practical steps (checklist)
- Seek and document medical care immediately.
- Report the crash to your insurer and request PIP benefits.
- Collect contact, vehicle, and insurance information at the scene.
- Get a copy of the police report and photos of the scene/vehicles/injuries.
- Preserve evidence; send preservation letters if appropriate.
- Track all medical bills, receipts, and time missed from work.
- Consult an attorney experienced with truck crash claims before key deadlines pass.
Important statute links: CPLR §214 (statute of limitations): https://www.nysenate.gov/legislation/laws/CPLR/214 — Insurance Law §5102 (no‑fault and serious injury definitions): https://www.nysenate.gov/legislation/laws/INS/5102 — General Municipal Law §50‑e (notice for municipal claims): https://www.nysenate.gov/legislation/laws/GML/50-E — FMCSA regulations (federal trucking records): https://www.fmcsa.dot.gov/regulations
Disclaimer: This is general information about New York law and is not legal advice. Every case is different. Consult a qualified attorney to discuss your specific situation.
Helpful Hints
- Seek medical attention even for minor symptoms — some crash injuries show up later.
- Keep a daily log of symptoms, treatments, and how injuries affect daily life — this helps document non‑economic damages.
- Obtain and keep copies of all medical records, imaging, and bills; they are central to proving injury and causation.
- Ask for the truck’s DOT/MC number (usually on the truck) — it helps identify the carrier and insurance.
- Do not give recorded statements to the trucking company’s insurer without talking to your insurer or an attorney first.
- If the truck is a commercial vehicle, expect more aggressive investigation by the trucking company and insurer — preserve evidence early.
- Note any signs of driver fatigue, cellphone use, or poor vehicle maintenance; these are common liability issues in truck crashes.
- If you think a government vehicle was involved, get legal advice right away about notice requirements — deadlines are strict.