Truck accidents can cause catastrophic or fatal injuries simply due to the size and weight of a commercial motor vehicle. To recover injury compensation, you will face trucking companies and their billion-dollar multinational insurers.

A New York truck accident lawyer from Russell Law can stand up to these powerful businesses to fight for injury compensation.

How Do You File an Insurance Claim After a Truck Accident Case in New York?

Most truck accident cases start with a no-fault insurance claim. Your New York auto insurance policy includes a minimum of $50,000 in coverage for medical expenses and 80% of your lost income (with a monthly cap of $2,000).

You file this claim by notifying your insurer of the crash and submitting your medical records and other documents to prove your losses. The no-fault insurer should pay you regardless of who caused the accident.

You can pursue a fault-based claim against the trucking company if you sustained a serious injury or your losses exceeded your no-fault policy limits. The following injuries are considered “serious” under New York law:

• Fatal injury
• Loss of a fetus
• Fractured bone
• Dismemberment
• Significant disfigurement
• Permanent loss of use of an organ or body part, function, or system
• Permanent consequential limitation on the use of an organ or body part
• A significant limitation on a body function or system
• Temporary injury that disabled you from all activities for at least 90 out of 180 days after the accident

If you meet these criteria, you can file a claim with the trucking company’s insurers and sureties. To prove liability, your truck accident lawyers must prove the trucking company was negligent either directly or vicariously through its driver’s negligent actions.

New York State Truck Accident Statistics

According to truck accident statistics from the Federal Motor Carrier Safety Administration, New York had 3,697 truck accidents in 2023. This was a multi-year low since the state typically has over 6,000 truck accidents annually.

In 2023, over 96% of New York’s truck crashes caused injury or death. These crashes resulted in 105 fatalities and 4,049 non-fatal injuries.

Types of Damages Common in Truck Accident Cases

The compensation available after a truck accident can cover your economic and non-economic losses. Economic losses include your past and future medical costs and out-of-pocket expenses. They also include the income you could not earn due to disabilities.

Non-economic losses encompass the diminishment in your quality of life due to pain and suffering. The value of these losses depends on the severity of your injuries. Permanent injuries will cause greater non-economic losses than ones you will recover from. Additionally, you can seek punitive damages when the trucking company or driver’s actions are so egregious that your truck accident lawyer can persuade a judge or jury to punish them.

Remember that this type of damage award is rare. The state does not have a specific standard for punitive damages. However, the case law requires your New York personal injury lawyer to prove outrageous conduct that is willful or reckless.

Will My Truck Accident Case Go to Trial?

What percentage of personal injury cases go to trial? According to a study by the U.S. Department of Justice, only 4% of personal injury cases end with a trial. The rest are either dismissed or settled. We are here for you and have significant trial experience in the event your case needs to go to trial.

Truck Accident Lawyer Located in West Islip FAQ

Here are some questions our clients often ask. Contact Russell Law if you have any additional questions.

If the Accident Was Minor, Can I Handle My Case without a Lawyer?

Even a minor accident requires extensive work to overcome the defenses raised by the trucking company. A lawyer can gather and present hard-to-get evidence to the insurer and, if necessary, a jury. Moreover, your lawyer will track deadlines, prepare paperwork, and submit a complete case so you can focus on your health.

To learn about the benefits of hiring a lawyer for your case, contact Russell Law to schedule a free consultation.

Have You Handled Truck Accident Cases Before?

Yes. Our firm has handled thousands of personal injury cases, including many truck accident claims. Hiring an experienced personal injury lawyer in New York for your case provides many benefits.

We know insurance claim procedures and which evidence some insurance companies expect to see in their claims. We have also worked in Suffolk County courtrooms for decades and understand how to file, litigate, and present a case to local juries. When hiring a law firm, it is imperative that your lawyer has significant trial experience in the courtroom in the event your case needs to go to trial.

How Do I Prove the Accident Wasn’t My Fault?

The evidence used to prove fault depends on the circumstances of the crash. Some types of evidence your lawyer may use include the following:

• Your testimony
• The truck driver’s testimony
• Eyewitness testimony
• Photos of the crash scene
• The accident report
• Traffic video footage

If you need additional evidence to prove you did not cause the accident, your lawyer may hire an expert witness. This witness can use their scientific and engineering expertise to reconstruct the crash and determine who caused it.

How Much Is My New York Truck Accident Case Worth?

Every case has unique factors that determine its value, such as your injuries, wages, and medical expenses. To get an accurate value based on your specific situation, schedule a free consultation with Russell Law.

Contact Us Today if You Need a Truck Accident Lawyer

Truck accidents have devastating consequences. You should not bear the burden of the expenses and losses you suffered due to the trucking company’s negligence. The truck accident lawyers in West Islip, NY, at Russell Law have successfully recovered over $200 million in financial compensation for accident victims like you.

Russell Law is a local law firm with deep ties to West Islip. Our truck accident lawyers in West Islip, NY, know the area and its residents. More importantly, our attorneys have practiced in the Suffolk County Courts in Riverhead and Central Islip for their entire careers. Contact us to schedule a free consultation to learn how we can help you.