What to Do After Being Hit by a Delivery Truck in NYC
Delivery trucks are a common sight across New York City, especially in busy Brooklyn neighborhoods like Sheepshead Bay, Bensonhurst, and Midwood. If you’ve been hit by a delivery truck, you might feel confused and overwhelmed. Knowing what steps to take next can protect your health, strengthen your insurance claim, and ensure your rights are safeguarded under New York law.
Understanding liability after a delivery truck accident is crucial. You may wonder if the driver or the delivery company is responsible, and what evidence you’ll need. Here is a guide to the essential actions you should take immediately after a crash involving a delivery vehicle in NYC.
Call 911 and Get Medical Help Immediately
No matter how minor the accident may seem, always call 911 right away. Police and emergency responders will arrive, assess injuries, and create an official report. This police report is a vital document-insurance companies almost always require it, and it preserves key facts about the accident scene, who was involved, and any visible injuries.
Your health should come first. Some injuries-like whiplash, concussions, or internal trauma-can be hidden at first and only show symptoms hours or days later. Getting prompt medical care not only protects your well-being but also provides critical medical records directly linking your injuries to the crash. Insurance companies often deny claims if there are gaps in treatment, so it’s important to see a doctor or visit the ER right away, even if you feel “okay” at the scene.
Identify the Truck and the Employer
It’s important to determine if the delivery truck was owned by a large company, such as FedEx, Amazon, or UPS, or if the driver was an independent contractor. This distinction determines who can be held financially responsible for your injuries. Under New York’s “respondeat superior” law, a company is usually responsible for accidents caused by employees acting within the scope of their job duties.
Be sure to record details like the company name or logo on the truck, the license plate, and the name and contact information of the driver. If possible, take clear photographs of all identifying details. These facts can help determine liability later on and are critical when your attorney investigates the case.
Gather Evidence at the Scene
If you are able, collect as much evidence as possible at the crash site. Use your phone to take pictures of:
- Vehicle damage
- Company logos or markings
- License plates
- Your injuries and any visible marks
- Road conditions, traffic signals, and skid marks
It’s also wise to get the names and phone numbers of any witnesses. Strong documentation can make a significant difference in the outcome of your claim. According to the Insurance Research Council, cases with strong photographic evidence and witness statements are more likely to result in fair settlements.
Keep a record of anything said by the driver or witnesses at the scene, as these statements may be important later. If the delivery driver seems to be working for a third-party company or app, make a note of that as well.
Report the Accident to Your Insurance and File a No-Fault Claim
New York is a “no-fault” state, which means your own insurance will cover your medical expenses and lost wages up to your policy limits, regardless of who was at fault. You have just 30 days from the date of the crash to file your no-fault claim (also called a “Personal Injury Protection” or PIP claim). Missing this deadline can result in losing your right to these important benefits.
According to the NYS Department of Financial Services, thousands of no-fault claims are denied every year due to missed deadlines or incomplete paperwork. File your claim as soon as possible and keep copies of all documents you submit to your insurer. If you need help, our attorneys at the Law Office of Irene H. Gabo, P.C. can guide you through every step of the process.
Determining Who Is Liable
Liability in delivery truck accidents depends on whether the driver was working “on the clock” for their employer or acting independently. If the driver was performing work duties for a company, that company may be responsible for paying compensation for your injuries. If the driver was off-duty or running a personal errand, you may need to pursue a claim against the driver directly.
Commercial truck companies in NYC are often required to carry high-limit insurance policies-sometimes $1 million or more-to protect injured parties. Identifying the correct party to sue can help ensure you receive full compensation for your injuries, lost wages, and pain and suffering. For more on New York’s insurance requirements, see the NYS Department of Financial Services: https://www.dfs.ny.gov/consumers/insurance/motor_vehicle_insurance
Why You Need Legal Help
Navigating the aftermath of a delivery truck accident can be complex. Trucking companies often have large insurers and legal teams working to limit their liability. Having an experienced Brooklyn truck accident attorney on your side can make all the difference.
Studies have shown that injury victims who hire lawyers recover significantly higher settlements than those who try to handle claims alone. At the Law Office of Irene H. Gabo, P.C., our attorneys will investigate the accident, collect company records, work with medical providers, and fight for your rights every step of the way. We know New York law and have experience dealing with delivery truck companies throughout NYC.
Contact the Law Office of Irene H. Gabo, P.C. Today
If you’ve been hit by a delivery truck in Brooklyn, Sheepshead Bay, Bensonhurst, or anywhere in NYC, you do not have to face the insurance companies alone. Call the Law Office of Irene H. Gabo, P.C. at (800) 560-0214 today to schedule a free consultation with our team of experienced personal injury lawyers. We are here to answer your questions, explain your rights, and fight to get you the compensation you deserve.
Your recovery starts with a single call. Let us help you take the next step after a delivery truck accident in New York City.
Irene H. Gabo is a dedicated personal injury attorney based in Brooklyn, specializing in a wide range of personal injury cases. With over a decade of experience, she has successfully represented thousands of clients who have suffered injuries from motor vehicle accidents, construction incidents, dog bites, and medical malpractice. Known for her expertise and commitment, Ms. Gabo has recovered millions of dollars for her clients, ensuring they receive the justice and compensation they deserve. If you or a loved one has been injured in Brooklyn, reach out to Irene for a free consultation and expert guidance on your personal injury claim.
