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If I Was In An Accident In New York With A Truck Should I Retain An Attorney?

May 14, 2025

Having a personal injury attorney in New York after being involved in a truck accident is critically important for several reasons:


1. Complex Liability Issues

Truck accidents often involve multiple parties:

  • The truck driver

  • The trucking company

  • Cargo loaders

  • Vehicle manufacturers

  • Insurance companies

A skilled attorney can identify all liable parties and hold them accountable, maximizing your compensation.


2. Severe Injuries and High Stakes

Truck accidents tend to result in serious injuries or even fatalities due to the size and weight of the vehicles. Medical bills, lost wages, and long-term rehabilitation can be extremely costly. An attorney ensures that:

  • Your full damages (economic and non-economic) are calculated properly

  • You aren’t pressured into settling early for a low amount


3. New York’s No-Fault Insurance Rules

New York is a no-fault state, meaning your own insurance pays for basic medical expenses, regardless of fault. However, to sue for pain and suffering, your injuries must meet a “serious injury” threshold under NY law.

A personal injury lawyer can:

  • Prove your injury meets the threshold

  • Navigate the complex insurance system effectively


4. Dealing With Insurance Companies

Insurers often try to minimize payouts or deny claims. A personal injury lawyer:

  • Handles all communications with insurance companies

  • Knows how to negotiate effectively

  • Prevents you from saying anything that could hurt your claim


5. Federal and State Regulations

Truck accidents are subject to state and federal regulations, such as those from the Federal Motor Carrier Safety Administration (FMCSA):

  • Hours of service limits

  • Truck maintenance logs

  • Driver drug testing policies

An experienced attorney will know how to uncover violations of these rules and use them to support your case.


6. Gathering and Preserving Evidence

Key evidence (like truck logs, black box data, or camera footage) can disappear quickly. A lawyer can:

  • File legal requests to preserve evidence early

  • Work with accident reconstruction experts

  • Interview witnesses and gather documentation


7. Statute of Limitations

In New York, you generally have 3 years from the date of the accident to file a personal injury lawsuit. If you miss this deadline, you could lose your right to compensation.

An attorney ensures you meet all legal deadlines.


Summary

Hiring a New York personal injury attorney after a truck accident helps you:

  • Understand your legal rights

  • Navigate complex laws and regulations

  • Build a strong case

  • Fight for the maximum compensation you're entitled to

You deserve a truck accident injury attorney in Westchester County, New York that advocates for your well-being, beyond the four walls of a courtroom. The attorneys at Law Offices of Spencer M. Fein will fight for you every step of the way in an effort to get your life back on track. We’ll help ensure that you have access to the best medical experts and life planning tools you need, and that children, parents, other family members and friends know what to expect and understand that we are available as counselors and friends.

While modern medicine has made great strides in the field of orthopedic and brain-injury  treatment and recovery, it is ultimately the support, dedication and optimism of loved ones that can make all the difference.

We understand the principles of Traumatic Brain and Orthopedic Injuries. We understand what your family needs and how to get you there.

Trust your truck accident injury case in Westchester County, New York to an attorney with years of experience in the specialized field of personal injury litigation. We serve accident victims all over New York including New York City, Bronx, Brooklyn, Westchester and Putnam Counties, Albany, Syracuse, Rochester and Buffalo. Contact us. We offer a free initial consultation, and charge no fee unless we are successful.