What is the statute of limitations for filing a truck accident claim in New York?
In New York, the statute of limitations for most personal injury claims, including truck accidents, is three years from the date of the accident. However, if the accident resulted in wrongful death, the deadline is two years from the date of death. If a government entity is involved, a notice of claim must be filed within 90 days of the date of accident.
What is No-Fault Insurance?
New York follows a No-Fault insurance system, which means your own Personal Injury Protection (PIP) coverage pays for medical expenses and lost wages up to a certain limit—regardless of who caused the accident. However, serious injuries that exceed No-Fault coverage thresholds allow victims to pursue claims against the at-fault party for full compensation.
Can multiple parties be held liable for a truck accident?
Yes. In many truck accident cases, multiple parties may be responsible, including:
- Truck drivers (for negligence such as speeding or distracted driving)
- Trucking companies (for unsafe hiring practices, poor maintenance, or unrealistic schedules)
- Cargo loaders (for improperly secured or overloaded cargo)
- Truck manufacturers (for defective parts or mechanical failures)
- Third-party maintenance providers (if improper repairs contributed to the accident)
How long does it typically take to resolve a truck accident case?
The timeline for resolving a truck accident case depends on several factors, including the severity of injuries and medical treatment required as well as the potential for disputed liability. While some cases settle within a few months, more complex claims involving severe injuries or disputes over liability can take a year or more to resolve.
What if I was partially at fault for the accident?
New York follows a pure comparative negligence rule, meaning you can still recover damages even if you were partially at fault. However, your compensation will be reduced by your percentage of fault. For example, if you are found 20% at fault, your compensation will be reduced by 20%.
How is compensation calculated in truck accident cases?
Truck accident victims in New York may be entitled to various types of damages, including:
- Medical expenses (past, current, and future treatment, rehabilitation, and therapy)
- Lost wages and reduced earning capacity
- Pain and suffering (physical pain and emotional trauma)
- Punitive damages (in cases of gross negligence, such as drunk driving or reckless company policies)