Truck Accident Lawyer in New York

Who pays after a truck accident in New York?

New York is a no fault state. Under Insurance Law 5102 and 5103, your own auto policy's no fault coverage pays your medical bills and 80 percent of lost earnings up to 50,000 dollars in basic economic loss, regardless of who caused the crash, the same as after any car accident. If you have no auto policy of your own, the truck's no fault coverage, or a household member's policy, typically applies.

No fault does not pay for pain and suffering, and it caps lost income at 80 percent up to the 50,000 dollar limit, far less than a serious injury often costs. The rest of your damages come from the driver and, in a truck case, from the motor carrier's commercial liability policy, which federal law requires to carry far higher limits than an ordinary auto policy, often 750,000 dollars and up to 5,000,000 dollars for hazardous cargo.

Whether you can sue for pain and suffering depends on New York's serious injury threshold under Insurance Law 5102(d). You must show a fracture, permanent loss of use of a body organ or member, permanent consequential limitation, or significant limitation of use. For lawsuits filed on or after May 26, 2026, the old 90 of 180 day category no longer applies. Truck crash injuries, because of the forces involved, clear this threshold in most serious cases: a fractured pelvis, a herniated disc requiring surgery or a traumatic brain injury are not close calls.

Insurance Law 5106 requires the no fault insurer to pay or deny a claim within 30 days, and a late or wrongly denied claim can draw interest and attorney fees under that section. We file the no fault paperwork correctly from the start so treatment is not delayed while the bigger case against the carrier is built.

How much is a New York truck accident claim worth?

The value of a truck case is the sum of what the crash took from you. Economic damages are the measurable losses above what no fault paid: additional medical bills, future surgery and rehabilitation, the 20 percent of lost wages no fault does not cover plus everything above its cap, reduced earning capacity, and out of pocket costs. Non economic damages cover pain, the loss of activities you enjoyed, scarring and the strain on a family.

Truck crash injuries tend to be severe: spinal fractures, crush injuries, traumatic brain injury, internal injuries and amputation are common given the weight and speed differences involved. A surgery moves a claim into a different tier, and a permanent neurological injury or a wrongful death is valued in its own category. Because a trucking company's commercial policy is usually large, the insurance is often there to fully value a serious case, which is why identifying every liable party and every applicable policy matters as much as documenting the injury.

Where the case would be tried matters. Truck crashes in the Bronx, Queens, Brooklyn or on Long Island are heard in their county's Supreme Court, and adjusters value cases differently county to county based on how juries there have decided injury cases.

We do not quote a number on the first call. We preserve the truck's electronic data, gather the carrier's federal compliance record, retain an accident reconstruction engineer where needed, and, when your doctors can describe your future, put a demand on paper backed by evidence. Past results do not guarantee a similar outcome. Each case is decided on its own facts.

What if the trucking company's insurer denies or lowballs your claim?

Expect it, and expect a well funded defense. A trucking company's insurer often assigns an adjuster and outside counsel within days of a serious crash and moves quickly to argue you were partly at fault and that the serious injury threshold is not met.

On fault, for lawsuits filed on or after May 26, 2026, New York applies modified comparative negligence to motor vehicle injury claims under CPLR 1411: your recovery is reduced by your percentage of fault, and if you are found more at fault than the other side you can be barred. A recorded statement in the first days is how an adjuster builds a fault argument out of an offhand sentence. Do not give it. We handle every call.

The stronger the trucking company's defense, the more we rely on the truck itself. The engine control module, or black box, can show speed, braking and throttle input in the seconds before impact. Electronic logging device data shows whether the driver had been at the wheel past the federal hours of service limit. Both can be lost within days under a carrier's routine data retention schedule, which is why we send a preservation demand immediately and ask a court to order preservation if a carrier refuses.

On the threshold, the insurer's own doctor will often argue your imaging shows degeneration rather than trauma from the crash. We answer with your treating physicians, objective imaging and, where needed, a report tying your injury to the crash directly.

If the carrier will not pay a fair number once treatment is complete and the federal safety record is in hand, we file suit. Truck cases are litigated more than ordinary car cases because the stakes are higher, and we prepare every one from the start as if it will be tried.

How long do you have to file a truck accident claim in New York?

New York gives you three years from the date of the crash to file a personal injury lawsuit under CPLR 214. A wrongful death action must be brought within two years of the death under EPTL 5-4.1, a different and shorter clock that we calendar separately.

If a public entity was involved, such as an MTA bus or a city, county or state vehicle, the General Municipal Law requires a notice of claim within 90 days of the crash under GML 50-e, and the lawsuit itself generally cannot be filed until 30 days after that notice.

No fault claims have their own tight deadlines: you must notify the insurer within 30 days of the crash and submit proof of claim within 45 days, and missing those windows can jeopardize the benefits regardless of the three year lawsuit deadline.

The truck case has an evidentiary deadline that often arrives before any of these. Electronic logging device data, engine control module downloads and dash camera footage can be destroyed or overwritten within days under a carrier's routine retention policy unless a preservation letter arrives first. Call us immediately so that letter goes out.

What should you do in the first 72 hours after a New York truck crash?

Get checked by a doctor the same day, even if you feel shaken rather than badly hurt. Truck crash injuries, especially spinal and internal injuries, are not always obvious right away, and New York's no fault system requires prompt treatment to support your claim.

Make sure a police report exists and get the report number. Photograph both vehicles from multiple angles, including the truck's DOT number and company markings, the road, skid marks, debris and your visible injuries. Get the names and numbers of anyone who stopped.

Call us immediately so we can send a preservation letter to the motor carrier for the truck's black box data, electronic logs, dash camera footage, driver file and maintenance records, before any of it can legally be destroyed under a routine retention schedule.

Notify your own no fault insurer within 30 days so the claim opens on time. Do not give a recorded statement to the trucking company's insurer or investigator, and do not sign anything from them. Keep a file of every bill, appointment and missed day of work.

What Your Claim Can Cover

• Federal motor carrier safety records and driver logs
• Claims against the carrier, not just the driver
• Catastrophic injury and wrongful death recovery
• Commercial policy limits far above a private car
• Accident reconstruction and black box evidence