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Rusk, Wadlin, Heppner & Martuscello, LLP Celebrating 150 years

What to Do If You’re Hit by a Commercial Truck in New York

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Being involved in a collision with a commercial truck can be a terrifying and life-altering experience. Due to the massive size and weight of these vehicles, accidents involving trucks often result in severe injuries and significant property damage. If you or a loved one has been hit by a commercial truck in New York, it is critical to know the steps to take to protect your health, legal rights, and ability to recover compensation for your losses. We offer some general tips below, but for personal legal advice tailored to your specific situation after a truck accident in Ulster County or the Hudson Valley, contact Rusk, Wadlin, Heppner & Martuscello, LLP, to speak with a dedicated and experienced Kingston truck accident lawyer.

1. Seek Immediate Medical Attention

Your health and safety should be your top priority after any accident. Even if you do not feel injured, you may have sustained latent or internal injuries that are not immediately apparent. Call 911 and request medical assistance. Paramedics can assess your condition, and you should follow up with a doctor as soon as possible to document any injuries.

2. Contact Law Enforcement

Call the police and report the accident. A law enforcement officer will document the scene, gather witness statements, and file an accident report. This report can be crucial evidence when filing a claim for compensation. Be sure to obtain a copy of the police report once it becomes available.

3. Gather Evidence at the Scene

If you are physically able, collect as much evidence as possible. Take photos and videos of the accident scene, including:

  • Vehicle damage
  • Road conditions
  • Traffic signals and signs
  • Skid marks and debris
  • Any visible injuries

Additionally, obtain contact and insurance information from the truck driver and any witnesses. If the truck belongs to a company, note the company’s name and any identifying numbers on the truck.

4. Avoid Speaking to Insurance Companies Without Legal Representation

Insurance adjusters representing the trucking company may contact you shortly after the accident. They might attempt to minimize your claim or pressure you into accepting a quick settlement which is likely far below what your claim is actually worth. Avoid providing recorded statements or signing any documents before consulting with an experienced truck accident attorney.

5. Determine Liability in a Truck Accident

Truck accidents often involve multiple potentially liable parties, including:

  • The truck driver
  • The trucking company
  • The vehicle manufacturer (if a defect contributed to the accident)
  • A maintenance provider (if poor maintenance led to the crash)
  • A third-party cargo loader (if improperly secured cargo played a role)

Identifying the responsible parties is complex, and an attorney can help investigate and determine liability. Taking the time to identify the responsible parties is critical to resolving your claim efficiently and effectively.

6. Consult a Truck Accident Attorney

Commercial truck accidents involve specific laws and regulations that differ from regular car accidents. An experienced personal injury attorney can:

  • Investigate the accident and gather critical evidence
  • Identify all liable parties
  • Negotiate with insurance companies
  • Pursue full and fair compensation for your medical expenses, lost wages, pain and suffering, and other damages

7. Understand the Statute of Limitations

In New York, the statute of limitations for filing a personal injury lawsuit is generally three years from the date of the accident. However, trucking accidents can involve additional legal complexities, and certain factors may affect the timeline. Acting quickly can help ensure that vital evidence is preserved and that you do not miss important deadlines.

Contact Rusk, Wadlin, Heppner & Martuscello, LLP for Legal Help After a Commercial Truck Accident in Ulster County or the Hudson Valley

If you have been injured in a commercial truck accident in Kingston, Ulster County, or anywhere in the Hudson Valley, the experienced personal injury attorneys at Rusk, Wadlin, Heppner & Martuscello, LLP are here to help. We will fight to protect your rights and seek the compensation you deserve. Contact us today for a free consultation by calling 845-331-4100 in Kingston, 845-236-4411 in Marlboro, or 800-566-4101 toll-free throughout the Hudson Valley.

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