Common Injuries in New York Truck Accidents and How to Seek Compensation

Truck accidents in New York are among the most severe types of vehicle collisions due to the immense size and weight of commercial trucks. When a passenger vehicle is involved in a crash with a large truck, the injuries can be catastrophic, leading to long-term medical treatment, significant financial losses, and even fatalities. If you or a loved one has been injured in a truck accident, understanding your rights and legal options is crucial. 

Unlike typical car accidents, truck accidents often involve multiple parties, including the truck driver, trucking company, and even third-party contractors. This makes legal claims more complex. Additionally, New York’s no-fault insurance laws impact how medical bills are paid, and serious injuries may allow you to step outside of the no-fault system to file a personal injury lawsuit.

This guide provides detailed information on the most common injuries suffered in truck accidents, medical costs and insurance coverage, legal options and how to determine liability, compensation available for victims, step-by-step actions to take after an accident, and frequently asked questions about truck accident injury claims.

By the end of this article, you will have the knowledge needed to take the right steps after a truck accident and understand the importance of seeking legal representation.

Common Injuries in New York Truck Accidents

Truck accidents can cause a wide range of injuries, from minor to life-threatening. The severity of the injuries often depends on factors such as speed, impact location, and whether seat belts were worn.

Whiplash and Soft Tissue Injuries
Whiplash is common in rear-end collisions, which frequently occur in truck crashes. The sudden impact causes the neck to snap forward and backward, leading to strain in the neck muscles, tendons, and ligaments.

Soft tissue injuries can also occur in other parts of the body, including the back, shoulders, and knees. These injuries may not be immediately apparent after the accident but can cause long-term pain and mobility issues.

Traumatic Brain Injuries (TBI)
Head trauma is a serious concern in truck accidents. Traumatic brain injuries (TBIs) can range from mild concussions to severe brain damage.

Symptoms may include headaches, confusion, memory loss, difficulty concentrating, and mood changes. Severe TBIs can result in permanent cognitive impairment, loss of motor function, and emotional instability, requiring long-term medical care.

Spinal Cord Damage and Paralysis
The force of a truck accident can cause significant spinal cord damage, leading to partial or complete paralysis. Depending on the location and severity of the injury, victims may experience loss of movement in the arms, legs, or entire body.

Many experience chronic pain and difficulty breathing, while others lose bladder and bowel control. Spinal cord injuries often require extensive rehabilitation, medical equipment, and home modifications, creating an overwhelming financial burden.

Broken Bones and Fractures
Truck crashes frequently cause fractures in the arms, legs, ribs, pelvis, and spine. Some fractures require surgery, metal implants, and extensive rehabilitation to restore full function.

Depending on the severity, broken bones can take months to heal, and some victims may experience long-term complications such as chronic pain or reduced mobility.

Internal Injuries and Organ Damage
Internal injuries are particularly dangerous because they may not show immediate symptoms. High-impact crashes can cause internal bleeding, punctured lungs, and liver or kidney damage.

These injuries require immediate medical attention to prevent life-threatening complications. Delayed diagnosis can lead to serious conditions such as organ failure or septic shock.

Fatal Injuries and Wrongful Death Cases
Sadly, some truck accidents result in fatalities. If a loved one dies due to a truck accident, surviving family members may be eligible to file a wrongful death lawsuit.

A wrongful death claim can provide compensation for funeral expenses, lost income, and emotional suffering. In these cases, an experienced lawyer can help the family navigate the legal process and hold the responsible parties accountable.

 

Medical Expenses After a Truck Accident

The cost of treating truck accident injuries can be substantial, especially if the victim requires long-term care. Understanding how medical expenses are covered and what legal options are available is essential.

Emergency Medical Treatment and Hospitalization Costs
Immediately after a truck accident, victims may require emergency care, including ambulance transportation, emergency room treatment, surgeries, intensive care, and hospitalization.

The cost of emergency medical treatment can easily reach tens of thousands of dollars. Without insurance or legal compensation, many victims struggle to afford necessary care.

Rehabilitation, Physical Therapy, and Long-Term Care
Many truck accident victims require physical therapy and rehabilitation to recover. Common treatments include chiropractic care, physical therapy, occupational therapy, and speech therapy (for brain injury patients).

Some victims with severe injuries may need long-term care, including in-home nursing or assisted living facilities. These costs can add up quickly, making it important to seek full compensation for future medical needs.

Insurance Coverage for Medical Bills
New York follows a no-fault insurance system, meaning your own auto insurance policy will initially cover medical expenses up to a certain limit, regardless of who was at fault.

This coverage is known as Personal Injury Protection (PIP). However, if your injuries are severe, you may qualify to step outside the no-fault system and pursue a personal injury lawsuit against the at-fault party.

Out-of-Pocket Expenses and Hidden Costs
Even with insurance coverage, many victims face out-of-pocket expenses such as co-pays, deductibles, medication costs, and travel expenses for medical appointments.

Keeping records of all medical bills and expenses is crucial to include them in a compensation claim. An experienced attorney can help ensure you receive full reimbursement for these costs.

 

Legal Options for Truck Accident Victims in NY

If you’ve been injured in a truck accident, you have legal options to recover compensation.

Who Is Liable in a Truck Accident?
Truck accident liability can involve multiple parties, including the truck driver, trucking company, manufacturer, or third-party contractors.

A truck driver may be liable if they were speeding, distracted, or under the influence. A trucking company may be held responsible if they failed to properly train or supervise the driver. Manufacturers can be at fault if defective truck parts contributed to the accident, while third-party contractors responsible for loading cargo may also share liability.

Filing a Personal Injury Claim After a Truck Crash
If your injuries exceed New York’s no-fault insurance threshold, you can file a personal injury claim against the at-fault party.

This claim can seek compensation for medical bills, lost wages, and pain and suffering. Working with an experienced lawyer can improve your chances of obtaining fair compensation.

Suing a Trucking Company for Negligence
Trucking companies must follow strict federal safety regulations. If they cut corners, such as overworking drivers or failing to maintain vehicles, they may be held liable for accidents.

A skilled truck accident lawyer can investigate whether trucking company negligence played a role in your crash.

Statute of Limitations for Truck Accident Lawsuits in New York
New York law allows three years from the date of the accident to file a personal injury lawsuit. For wrongful death claims, the deadline is two years.

If you miss these deadlines, you may lose your right to seek compensation, making it essential to act quickly.

 

Frequently Asked Questions (FAQ) About New York Truck Accident Injuries

What should I do immediately after a truck accident in New York?
After a truck accident, your priority should be safety and medical attention. Call 911 to report the accident and request emergency assistance if needed. If possible, gather evidence by taking photos of the accident scene, vehicle damage, and any visible injuries. Obtain contact information from witnesses and the truck driver. Avoid making statements about fault, and seek medical attention even if you don’t feel injured, as some injuries may not show symptoms immediately. Contacting a truck accident lawyer early can help protect your rights and ensure you take the proper steps for a potential legal claim.

Who is responsible for paying my medical bills after a truck accident?
In New York, medical bills are initially covered by your own Personal Injury Protection (PIP) insurance under the state’s no-fault system. This coverage applies regardless of who was at fault. However, if your injuries are severe and exceed the limits of your PIP coverage, you may be eligible to file a claim against the at-fault party, such as the truck driver, trucking company, or another negligent party, to recover additional medical expenses.

Can I sue the trucking company for my injuries?
Yes, if the trucking company was negligent, you may have grounds to sue. Trucking companies are responsible for properly maintaining their vehicles, hiring qualified drivers, and ensuring that drivers follow federal and state safety regulations. If the company failed in any of these areas and their negligence contributed to the accident, they could be held liable for your injuries. A lawyer can investigate whether the trucking company violated any laws or safety protocols that led to the crash.

How do I prove my injuries in a truck accident case?
Proving injuries requires thorough documentation. Medical records, doctor’s reports, and test results serve as key evidence. Photographs of visible injuries, medical bills, and testimony from medical professionals can further support your case. Keeping a personal injury journal to document your pain levels, medical treatments, and limitations in daily activities can also be valuable. Additionally, expert witnesses, such as accident reconstruction specialists and medical experts, may be used to strengthen your case.

Is there a time limit to file a truck accident lawsuit in New York?
Yes, the statute of limitations for filing a personal injury lawsuit in New York is generally three years from the date of the accident. If the accident resulted in a fatality, surviving family members have two years to file a wrongful death lawsuit. Failing to file within these time frames may result in losing the right to seek compensation. It is important to consult with a lawyer as soon as possible to ensure your claim is filed on time.

 

Contact Marvin A. Cooper, P.C. Today

Truck accident cases are complex, and insurance companies often try to minimize payouts. If you’ve been injured in a truck accident in New York, contact a truck accident lawyer today to protect your rights and maximize your compensation.

A legal expert can guide you through the process, ensure your medical bills are covered, and fight for the justice you deserve. Don’t wait—contact Marvin A. Cooper, P.C. as soon as possible to get started on your claim.