What Steps Should You Take After a Truck Accident with a Commercial Vehicle in New York?

What to Do After a Commercial Truck Accident in New York

A collision with an 80,000-pound commercial truck can change your life in seconds. These accidents present unique challenges and risks on New York’s busy highways—from the crowded I-95 corridor to the winding roads of the Hudson Valley. Your actions in the immediate aftermath can significantly impact your physical recovery and legal rights.

Emergency Response Protocol

Take Immediate Safety Steps

Move to a safe location if possible, especially on high-traffic roads
Call 911 to report the accident and request emergency services
Do not refuse medical transport if recommended by EMTs

Call a Personal Injury Lawyer

Call a personal injury lawyer after you are safe and medically stable. You will need to report the accident to your insurance agency without delay, but following the advice of an experienced personal injury attorney is of extreme importance. Every statement you make, even as simple as, “I’m fine, how are you?” to insurance adjusters or other involved parties, can be used to weaken your case. For your future recovery and well-being, a well-crafted case seeking all damages, personal, physical, and emotional, is of vital importance. Speak to a personal injury lawyer in Middletown, NY for help.

Follow Your Treatment Plan

Once you have a personal injury attorney from Rolo Law on your case, your primary focus should be your recovery.

Attend all follow-up appointments
Keep records of prescriptions and medical devices
Document any changes in symptoms
Track all medical expenses and bills

Your lawyer will guide the legal process to completion, keeping you informed as it progresses.

Who is at Fault in NY Truck Accidents?

When you’re recovering from a devastating truck accident, figuring out who is responsible can feel overwhelming. Unlike a simple car accident, truck crashes can involve multiple liable parties. This is why having an experienced truck accident attorney on your side is critical—they can untangle the mess and fight for the compensation you deserve. In New York, truck accident claims don’t just focus on the driver. Many other parties may have played a role in what happened, including:

The vehicle maintenance provider: If the truck had not been properly maintained, a brake failure or tire blowout could have contributed to the crash.
The cargo loading company: Improperly loaded cargo can shift, causing a truck to jackknife or tip over.
Parts manufacturers: A faulty truck part, like defective brakes or steering components, could be to blame.
Government entities: Poorly maintained roads, missing signage, or man-made hazardous driving conditions can also contribute to an accident.

You do not have to face the legal challenges alone; in fact, you shouldn’t. Large trucking companies often have teams of lawyers and insurers working to minimize payouts. With so many possible responsible parties, getting full and fair compensation requires a lawyer who knows how to investigate and hold the right people accountable. Rolo Law is here for you.

How New York’s Comparative Negligence Law Affects Your Case

New York follows a pure comparative negligence system, which means:

You can still recover damages even if you were partially at fault.
Your total compensation could be reduced by the percentage of fault assigned to you in an accident. (For example, if you are found 20% responsible, you are eligible to receive 80% of your settlement or award.)
Multiple parties can share liability; trucking companies often try to shift blame onto the victim.

Insurance companies will work hard to pin as much of the blame as possible on you. A skilled attorney will protect your rights, push back against unfair blame, and fight for the maximum compensation you deserve.

Crucial Evidence in Truck Accident Cases

Once you notify your attorney, they will collect evidence to support your case. Some items Rolo Law will preserve include the following:

Driver’s hours of service records
Truck maintenance logs
Black box data
Dashboard camera footage
Weigh station records

Additional investigation elements may be required to support the evidence and prove the sequence of events leading to your injury, including the following:

Accident reconstruction analysis
Weather and road condition reports
Witness statements
Police accident reports
Cell phone records
Truck driver drug and alcohol testing results

Understanding Compensation for Truck Accident Victims in New York

After a serious truck accident, victims can face astronomical medical bills, lost income from work, and lasting physical and emotional trauma. Under New York law, those injured are eligible for two main types of compensation: economic damages and non-economic damages. Understanding the difference can help you see the full scope of the damages that can be pursued in a truck accident claim or lawsuit in New York.

Economic Damages: Recovering Financial Losses

Economic damages cover tangible, measurable financial losses resulting from the accident. These expenses are calculated based on bills, receipts, and financial records. The following are some examples.

Medical expenses: This includes emergency room visits, surgeries, hospital stays, doctor’s appointments, rehabilitation, prescription medications, and any future medical care you may need due to your injuries.
Lost wages: If you’ve missed work due to your injuries, you can recover compensation for lost income. If your injuries prevent you from returning to work or limit your ability to earn as much as before, you may also be entitled to future lost wages or loss of earning capacity.
Property damage: If your vehicle or other personal property was damaged in the crash, economic damages cover the cost of repairs or replacement.
Other out-of-pocket expenses: Additional financial losses can include travel costs for medical appointments, home modifications to allow for accessibility, and the cost of services for skilled nursing or to perform household tasks.

Non-Economic Damages: Compensating for Your Pain and Suffering

Not all losses are financial. Non-economic damages cover the accident’s physical, emotional, and psychological impact. These damages are more subjective but can be just as devastating. Examples follow:

Pain and suffering: This accounts for the physical pain and emotional distress caused by your injuries, including chronic pain, discomfort, and reduced quality of life.
Emotional distress: Many truck accident victims suffer from stress, anxiety, depression, and sleep disturbances due to the trauma of the crash.
Loss of enjoyment of life: If your injuries prevent you from doing things you once loved—like hobbies, travel, or spending time with family—you may be entitled to compensation.
Disfigurement and permanent disability: If the accident resulted in scarring, amputation, or a long-term disability, additional compensation may be available for the life-altering impact of these conditions.
Loss of consortium: If your injuries affect your ability to have a normal relationship with your spouse or family, compensation may be available for the loss of companionship and support.

How Can I Maximize My Compensation?

Insurance companies and trucking companies engage in specific action to attempt to reduce the value of settlements in truck accident injury claims in New York. One common strategy is to offer a fast settlement, generally far less than could be achieved with the assistance of our New York truck accident lawyers at Rolo Law. A skilled truck accident attorney will:

Assess the full value of your claim and ensure all current and future losses are accounted for.
Negotiate aggressively with insurers to get the highest possible settlement.
Take your case to court if necessary to fight for the compensation you deserve.

If you or a loved one has been injured in a truck accident, don’t accept a lowball offer that won’t cover your future needs.

Rolo Law: Compassionate Advocates for Your Rights

At Rolo Law, we understand the devastating impact of commercial truck accidents on New York families. Our experienced team has a deep knowledge of NY trucking regulations and the pursuit of full compensation through commercial insurance companies. Our many five-star reviews reveal that our team at Rolo Law is committed to personalized attention for each case. We will treat your case with the respect and urgency it deserves. Don’t face this challenge alone. Call today at 845-668-4774 for a free consultation. Our experienced truck accident attorneys will protect your rights and fight for your deserved compensation.