If you are hit by a commercial vehicle, such as a delivery truck or bus, in New York, understanding the next steps to take is crucial for seeking the compensation you need. Failure to take these steps could result in missing out on money you are entitled to and could even result in losing your right to seek compensation entirely.
Steps to Take After a Commercial Vehicle Hits You in NY
Some of the key steps to take after a commercial vehicle hits you in New York are:
- Follow Up with Medical Treatment ? Always follow up with medical treatment until you fully recover or will not recover further.
- Keep Medical Bills ? Keep track of all medical bills related to the accident so your lawyer can use them to calculate your medical expenses.
- Document the Accident and Injuries ? Write down everything you remember about the accident and take pictures of your visible injuries.
- Avoid Admitting Fault ? Do not admit fault for the accident. If you need to seek compensation through a personal injury lawsuit, this can harm your case under New York’s pure comparative negligence rule.
- Contact a Personal Injury Lawyer ? The best way to protect your rights after an accident with a commercial vehicle is to consult an experienced attorney.
Filing a No-Fault Auto Insurance Claim in New York
New York is a no-fault auto insurance state, which means that injured parties file accident claims with their insurance policy regardless of fault. This is your first option for seeking assistance with lost wages and medical bills after a commercial vehicle accident.
New York limits when an injured party can seek compensation through a personal injury lawsuit after a motor vehicle accident.
When Can You File a Personal Injury Lawsuit After a Motor Vehicle Accident?
You cannot seek intangible losses, such as pain and suffering, unless you meet specific requirements.
In New York, injured parties in motor vehicle accidents, including those involving commercial vehicles, can only file personal injury lawsuits if they suffer a serious injury. According to the state’s laws, a serious injury is one that results in dismemberment, significant disfigurement, or the loss of use of a body part, or which substantially prevents the injured party from performing their daily activities for at least 90 days.
If you meet the serious injury requirement, you will have three years from the accident date to file your lawsuit against the at-fault party. However, this time limit may be shorter if a government entity operates the commercial vehicle that struck you, such as a bus operated by the Metropolitan Transportation Authority (MTA). In this case, you must file a notice of claim within 90 days of the accident, and you have one year and 90 days to file your lawsuit.
Contact Our New York Commercial Vehicle Accident Lawyers
If a commercial vehicle struck you in New York, contact Jaroslawicz & Jaros, PLLC, for a free consultation with an experienced motor vehicle accident lawyer. During your consultation, our team will review your case, go over your options for seeking the compensation you deserve, and answer any questions you have about the process.
Jaroslawicz & Jaros, PLLC,
212 227 2780
Toll free: 800 269 2780
You can also reach partner Abraham Jaros with any questions or for a free consultation:
Cell: 917 842 9544
Email: ajaros@lawjaros.com
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