What To Do If A Commercial Vehicle Hits You In NYC
New York City is a major economic and financial center with thousands of commercial vehicles on its roads every day. Whether it's an 18-wheeler, a delivery truck, or a bus, accidents involving commercial vehicles can be catastrophic. Commercial motor carriers and insurance companies have powerful legal departments, who will aggressively deny their liability. It's important to know your rights and take action quickly to protect your interests.
Steps to Take After an Accident with a Commercial Vehicle
In the unfortunate event of a commercial vehicle accident in New York, there are several critical steps you should take to ensure the best possible outcome for yourself and any involved parties.
- Remain at the Scene: While it's understandable to feel overwhelmed, staying calm will help you gather essential information to support your case. Unless immediate medical attention is required, remain at the crash site until the police arrive.
- Check for Safety: If anyone requires medical assistance, contact emergency services right away. If it's safe to do so, try to leave the vehicles where they came to rest after the collision, but you may need to move them for safety reasons.
- Call 911: Once law enforcement arrives at the scene, the risk of secondary accidents is significantly reduced. Approaching vehicles may be unaware of the accident ahead until law enforcement takes charge.
- Gather Information: If you're physically able, collect the contact details, insurance information, and driver's license details of the truck driver. Capture photographs and videos of the accident site using your phone and record the eyewitness accounts, along with their contact details.
- Contact an Attorney: The moments following an accident are critical because the commercial motor vehicle (CMV) company and their insurers will take immediate action to gain an advantage. Contact a trusted New York CMV accident law firm as soon as possible for a free and confidential consultation.
Steps Your Attorney Will Follow to Establish Liability
Once you have hired an attorney to file a personal injury claim on your behalf, their legal team will take the following steps:
- Help with Medical Assistance: In the event that you sustain injuries from the collision, you can rest assured that a top-tier attorney will ensure that you receive the finest medical attention based on the severity of your injuries. Please note that not all lawyers can provide this level of service, but the best in the business can guide you down the path to complete recovery with their expert guidance.
- Visit the Crash Site: Without delay, the legal team will dispatch their skilled photo and video specialists to the crash site to capture information. This may include the precise positioning of the vehicles involved, any telltale marks on the road such as gouges or skid marks, the precise location of debris scattered across the scene, any damage caused to surrounding properties, the condition of the road surface, the configuration of traffic patterns, and the status of traffic control equipment.
- Send a Spoliation Letter: Next, they will send a notice to the vehicle owner to preserve all the potential evidence that they may have control over.
- Analyze the Event Data Recorder Data: Your attorney will download and preserve the EDR data from the commercial vehicle and analyze it with their accident reconstructionists. This will help to determine speed changes, gear shift, sudden braking and other crucial information from the moments just before the crash occurred.
- Obtain CMV Carrier’s Records: To build a strong case, the team will acquire a plethora of important information, including the vehicle's GPS data, dispatch records, driver's logs, driver's qualification and training records, drug and alcohol tests, employment history, medical certifications, as well as company policies and procedures.
- Investigate Vehicle Maintenance Issues: They will also secure the truck's maintenance and inspection records, in addition to hiring independent engineers for a detailed investigation of vehicle repairs and maintenance. This step is crucial if there is a suspicion of component malfunction, or tire defects that may have contributed to the accident.
- Investigate Hours of Service, Cargo and Weight Limit Violations: Your attorneys will investigate whether the defendants violated the federal Hours of Service (HOS) regulations, or the vehicle was carrying hazardous materials, improperly secured cargo or exceeding the weight limit regulations of the FMCSA.
- Collect Eyewitness Statements: They will obtain information about potential eyewitnesses and quickly reach out to them to collect their audio, video, or written statements.
- Hire Expert Witnesses: Medical professionals, financial experts, and forensic experts are just a few of the expert witnesses that the legal team will hire, alongside accident reconstruction specialists. These experts will provide a detailed assessment of the accident and help calculate the full extent of your losses, including loss of income, current and future healthcare costs and pain and suffering damages.
- Prepare for Trial: The legal team will get fully prepared with strong evidence to go to trial, which puts you and your lawyer in a strong negotiating position for maximum settlement. An out-of-court settlement can happen before or even during the trial.
Take Control of Your Injury Claim – Let Our Top-Rated Commercial Vehicle Accident Lawyers Fight For You
If you or a loved one has been injured in a commercial vehicle accident in New York, you deserve a relentless and forceful legal team that will fight for your rights and win you the compensation you are entitled to. The Law Offices of Michael S. Lamonsoff, PLLC, led by "The Bull" himself is here to help.
We have the skills, experience, and resources to take on the largest insurance companies and powerful commercial vehicle companies. We don't back down, and we don't settle for less than what our clients deserve. Give us a call at 212-962-1020 or send us a message to schedule a free consultation today.