Hurt in a New York Truck Crash? Your Injury Claim Guide

What to Do Right After a Truck Crash

• Call 911 and get medical care immediately—even if injuries seem minor. Some injuries appear hours or days later.
• Report the crash to police and request the MV-104A accident report number.
• Document the scene if safe: photos of vehicles, cargo, skid marks, debris, road conditions, and visible injuries; witness contact information; DOT/MC numbers and plates on the truck and trailer.
• Be cautious with insurers. Do not give recorded statements before speaking with counsel.
• Preserve evidence. Your attorney can send preservation letters to secure electronic logging device (ELD) data, hours-of-service logs, maintenance and inspection records, and dispatch communications, which are governed by federal trucking rules like 49 CFR Part 395 and 49 CFR Part 396.

How Fault Works in New York Truck Cases

New York uses pure comparative negligence, so a jury may reduce compensation in proportion to the injured person’s share of responsibility. See CPLR § 1411.

Potentially responsible parties can include the truck driver, motor carrier, trailer owner, freight broker, shipper/loader (especially in cargo shift or overload cases), maintenance contractors, and manufacturers. Key evidence may include dashcam/surveillance video, ELD and GPS/telematics data, hours-of-service logs, bills of lading, weight tickets, inspection and maintenance records, and police and witness reports.

No-Fault and Liability Coverage After a Truck Crash

New York’s no-fault (personal injury protection) can provide certain medical and wage benefits regardless of fault for occupants of covered motor vehicles and for pedestrians/bicyclists struck by a motor vehicle. See Insurance Law § 5102 and § 5103. However, a lawsuit for non-economic loss (pain and suffering) generally requires that you meet the statutory “serious injury” threshold in § 5102(d) and the right to sue is addressed in § 5104.

Important exceptions: motorcyclists are generally not covered by no-fault benefits under New York’s statute and may pursue liability claims without meeting the no-fault threshold. Coverage can also vary based on vehicle type and policy terms—speak with counsel to identify applicable coverages.

Commercial carriers often have higher liability limits. For interstate trucking, federal rules set minimum financial responsibility levels. See 49 CFR § 387.9. Multiple layers (primary, excess/umbrella) may apply.

Common Causes We Investigate

• Driver fatigue and hours-of-service violations (49 CFR Part 395)
• Distracted or impaired driving
• Speeding or following too closely
• Improper lane changes and wide turns
• Inadequate driver training or supervision
• Negligent maintenance, brake or tire failures (49 CFR Part 396)
• Unsafe loading, overweight or unbalanced cargo
• Hazardous materials handling errors

Serious Injury Threshold and Lawsuit Eligibility

To recover for pain and suffering in most motor vehicle cases, you must generally show a “serious injury” under Insurance Law § 5102(d) (examples include death, significant disfigurement, fracture, loss of a fetus, permanent loss/limitation of a body organ/member/system/function, significant limitation, or a 90/180-day limitation). Whether you meet the threshold depends on documented medical findings causally related to the crash.

Damages You May Recover

• Medical expenses and future care
• Lost wages and diminished earning capacity
• Out-of-pocket costs and household services
• Pain and suffering and loss of enjoyment of life
• Property damage
• In rare cases, punitive damages where conduct is egregious

Why Fast Action Matters

Key evidence can be lost quickly—ELD/telematics data may be overwritten in the ordinary course of business, and vehicles can be repaired or salvaged. Prompt counsel can secure inspections, downloads, and witness statements.

Deadlines vary. Many negligence claims have a three-year statute of limitations (CPLR § 214(5)). If a public entity is involved, you may need to serve a notice of claim within 90 days (GML § 50-e) and commence suit within one year and 90 days (GML § 50-i). There are exceptions—get case-specific advice promptly.

Working With Our Firm

We coordinate accident reconstruction, obtain electronic data, and pursue all responsible parties. We handle insurer communications and negotiate with commercial carriers and their counsel while you focus on recovery. Free consultations are available. Contingency-fee arrangements may be offered, subject to a written retainer agreement and applicable rules.

FAQ

Do I have a case if I was partially at fault?

Yes. Under New York’s comparative negligence rule, your recovery may be reduced by your percentage of fault but is not barred. See CPLR § 1411.

Are motorcyclists covered by no-fault?

Generally no. Motorcyclists are excluded from no-fault benefits, but they may bring liability claims without meeting the serious injury threshold. See Insurance Law § 5103.

How soon should I contact a lawyer?

Immediately if possible. Key electronic data and vehicle evidence can be lost quickly, and strict deadlines may apply—especially if a public entity is involved.

What if the truck was from another state?

Interstate carriers are subject to federal rules, including minimum insurance limits (49 CFR § 387.9). New York law may still govern liability and damages if the crash occurred in New York.

Next Steps

If you were hurt in a New York truck crash, contact us as soon as you are able. We will evaluate your claim, preserve critical evidence, and map out a strategy tailored to your injuries and goals. Contact us.

Attorney Advertising. This content is for general informational purposes only and is not legal advice. Reading it does not create an attorney–client relationship. New York-specific rules (serious injury threshold, statutes of limitations, and municipal notice requirements) can be complex—consult a New York-licensed attorney about your situation. Prior results do not guarantee a similar outcome.