After a truck accident, you must understand the time limits for filing a claim.
At Rosenberg & Gluck LLP, we encounter many clients who do not know the deadlines for pursuing compensation for injuries and damages resulting from truck accidents.
This guide provides information about claim deadlines, factors that can impact them, and why consulting a Truck Accident Attorney is essential for taking prompt action to protect your rights.
The Statute of Limitations for Truck Accidents
The main timeframe you need to know is the statute of limitations. In New York, the statute of limitations for personal injury cases, including truck accidents, is generally three years from the accident date.
This means you have three years to file a lawsuit against the responsible parties in a court of law.
However, it’s important to note that this three-year timeframe is not for all truck accident cases. Several factors can alter this deadline, either shortening or extending it.
Exceptions to the Three-Year Rule
1. Claims Against Government Entities
If your truck accident involved a government-owned vehicle or was caused by the negligence of a government employee or agency, the rules change. In New York, you must file a Notice of Claim within 90 days of the accident.
After filing this notice, you generally have one year and 90 days from the accident date to file a lawsuit. This shortened time frame applies to accidents involving:
- City-owned trucks
- State-owned vehicles
- Public transportation vehicles
For example, if you were hit by a New York City sanitation truck, you must file a Notice of Claim with the city within 90 days of the accident.
2. Wrongful Death Claims
In the tragic event that a truck accident results in a fatality, the timeline for filing a wrongful death lawsuit is different. In New York, the statute of limitations for wrongful death claims is two years from the date of death, not the date of the accident.
The date of death may differ from the date of the accident. For instance, if an individual succumbs to their injuries a week after the accident, the two-year period would begin on the date of death, not the accident date.
The three year general limitation would still apply to non wrongful death related claims, unless an exception applies.
3. Cases Involving Minors
If the injured party is under 18 years of age at the time of the accident, the statute of limitations may be extended. In New York, the clock on the three-year limit typically starts ticking once the minor turns 18.
For example, if a 15-year-old is injured in a truck accident, they typically have until their 21st birthday to file a claim. However, their parents or guardians may file a claim on their behalf before they turn 18.
However, you need to talk to a truck accident attorney about the specific circumstances of your case, as exceptions may apply to this rule. For example, a notice of claim within 90 days would still be needed if municipal.
Understanding Truck Accident Cases
Truck accident cases are not like typical car accident cases for several reasons:
1. Multiple Liable Parties:
In a truck accident, liable parties may include:
- The truck driver
- The trucking company
- The cargo loading company
- The truck manufacturer
- Maintenance providers
2. Federal Regulations:
Commercial trucks are subject to federal regulations set by the Federal Motor Carrier Safety Administration (FMCSA). Violations of these regulations can establish negligence.
3. Severity of Injuries:
Due to the size and weight of trucks, accidents often result in more severe injuries, leading to higher medical costs and longer recovery periods.
4. Insurance:
Trucking companies often have extensive insurance policies with teams of adjusters and lawyers working to minimize payouts.
5. Technical Evidence:
Technology like electronic logging devices (ELDs), GPS data, and engine control modules can offer evidence in truck accident cases. However, interpreting this information requires knowledge.
That’s why partnering with a skilled truck accident attorney is essential to uncovering the truth and building a solid case.
Why You Shouldn’t Wait to File Your Truck Accident Claim
Now that you know the legal deadlines, you must know why you should immediately take action to prepare your claim. Here are several reasons why:
1. Preservation of Evidence
The sooner you begin the legal process, the better your chance of preserving evidence.
This can include:
- Physical evidence from the accident scene
- Truck maintenance records
- Driver logs
- Witness statements
- Traffic camera footage
- Black box data from the truck
2. Witness Recollection
Memories fade over time. If your lawyer interviews witnesses to your accident soon after the event, they will have more precise recollections, which will help build a strong case.
3. Insurance Company Tactics
Insurance companies often try to settle claims quickly and for less than they’re worth. You can counter these tactics and protect your rights by acting fast and obtaining legal representation early.
4. Medical Documentation
Linking your injuries directly to the truck accident can become challenging as time passes. Immediate and ongoing medical documentation strengthens your case and helps establish the full extent of your injuries and necessary treatments.
5. Financial Strain
Truck accidents often result in medical bills and lost wages. The sooner you file your claim, the sooner you may receive compensation to alleviate this financial burden.
6. Peace of Mind
Initiating the legal process after a truck accident can provide a sense of progress and peace of mind, allowing you to focus on your recovery.
Steps to Take After a Truck Accident
To protect your right to compensation and strengthen your potential claim, after a truck accident:
1. Talk to a Doctor
Make your health your top priority. Even if you don’t think you’re seriously injured, some injuries may not appear immediately. A medical evaluation creates an official record of your injuries.
Common injuries in truck accidents that may not be immediately obvious include:
- Whiplash
- Concussions
- Internal bleeding
- Soft tissue injuries
2. Report the Accident
Call the police and make sure an official accident report is filed. This report can be evidence for your claim. It provides an account of the accident scene and often includes the officer’s assessment of fault.
3. Gather Information
If you can, collect contact and insurance information from all parties involved, including witnesses. Take photos of the accident scene, vehicle damage, and your injuries.
Don’t forget to document:
- The truck’s license plate number and DOT number
- Road conditions and weather at the time of the accident
- Any visible violations (like worn tires on the truck)
4. Don’t Admit Fault
Be careful what you say to insurance adjusters. Avoid admitting fault or making statements that could be used against you later.
5. Contact a Truck Accident Lawyer
Consult with an experienced truck accident lawyer as soon as possible. They can guide you through the process and help protect your rights from the start.
An attorney can also handle communications with insurance companies on your behalf, ensuring you don’t say anything that could harm your case.
The Claims Process: What to Expect
Understanding the claims process can help you handle your truck accident case more effectively. Here’s a general overview of what you can expect:
1. Initial Consultation
Your attorney will review the details of your case, explain your rights, and discuss potential strategies for moving forward. This is your opportunity to ask questions and get a clear understanding of what to expect.
2. Investigation
Your legal team will conduct a thorough investigation, gathering evidence, interviewing witnesses, and consulting with experts as needed.
This may include:
- Accident reconstruction specialists
- Medical experts
- Trucking industry experts
- Economic loss experts
3. Medical Treatment and Documentation
Continue with your medical treatment and keep detailed records of all medical care, expenses, and how your injuries impact your daily life. This documentation is vital for demonstrating the full extent of your damages.
4. Claim Filing
Your truck accident attorney will file the necessary paperwork to initiate your claim with the appropriate insurance companies or court.
This may include:
- A demand letter outlining your injuries and damages
- A formal complaint if a lawsuit is necessary
5. Negotiations
Often, cases are settled through negotiations with insurance companies. Your attorney will work to secure a fair settlement that covers all your damages. This process may involve:
- Counter-offers
- Mediation sessions
- Informal settlement conferences
6. Litigation
Your case may go to trial if the other side refuses a fair settlement. Your attorney will represent you in court, presenting your case to a judge or jury.
This process typically involves:
- Discovery phase (depositions, interrogatories, etc.)
- Pre-trial motions
- Jury selection
- Presentation of evidence and witness testimony
- Closing arguments
Many cases settle before reaching trial, but it’s important to have an attorney who will go to court if necessary.
Damages You May Be Able to Recover
In a truck accident claim, you may recover various types of damages, including:
1. Economic Damages
- Medical expenses (past and future)
- Lost wages and loss of earning capacity
- Property damage
- Rehabilitation costs
- Home modification expenses (if needed due to disability)
2. Non-Economic Damages
- Pain and suffering
- Emotional distress
- Loss of enjoyment of life
- Loss of consortium (impact on marital relationship)
3. Punitive Damages
In extreme negligence or intentional misconduct cases, punitive damages can punish the wrongdoer.
In cases of wrongful death, additional damages may include:
- Funeral and burial expenses
- Loss of financial support
- Loss of parental guidance
- Loss of companionship
The specific damages and amounts you may be entitled to depend on the circumstances of your case. An experienced truck accident lawyer can help you understand the total value of your claim.
Why Choose Rosenberg & Gluck LLP for Your Truck Accident Claim
At Rosenberg & Gluck LLP, we understand truck accident cases and the devastating impact they can have on victims and their families. Our experienced team of attorneys is dedicated to helping you fight for the compensation you deserve.
Our approach includes:
- Comprehensive Case Evaluation: We thoroughly review all aspects of your case, including the accident circumstances, your injuries, and the impact on your life.
- Evidence Gathering: We use our resources and skills to collect all relevant evidence.
- Skilled Negotiation: Our attorneys are adept at negotiating with insurance companies to secure fair settlements.
- Trial Readiness: While we strive to settle cases favorably, we’re always prepared to take your case to trial if necessary.
- Client-Centered Service: We keep you informed throughout the process and are always available to answer your questions and address your concerns.
Schedule a Free Consultation at Our Law Firm Today
Your road to recovery starts with understanding your rights and taking prompt action. Let Rosenberg & Gluck LLP be your trusted partner in this journey, ensuring that your claim is filed on time and your interests are represented every step of the way.
Contact us today for a free consultation and take the first step towards securing your compensation.
