Statute of Limitations for Truck Accidents

On Behalf of | Feb 1, 2021 | Buffalo Law Blog, Firm News, Truck Accidents

Were you injured in a truck accident? Learn about the statute of limitations for truck accidents in New York and why it’s important to contact an attorney immediately.


How long do I have to file a truck accident claim in New York?


Statute of Limitations for Truck Accidents

There are certain time limitations of filing claims against a commercial trucking company; usually it’s three years if it’s a private entity. With that, we’re not telling you that you should wait three years. Some of the reasons that make that quite obvious is that we want to make sure that if witnesses are going to be questioned, that their memories are going to be fresh. If you wait the three years to start lawsuits and questioning witnesses, you may get some very different answers to your questions than if you would have got involved right away and tried to hurry the process along. Also, there are situations where you could be involved in a municipality truck accident. If that’s the case, you may have different limitations in bringing actions and that could be 90 days filing a notice of claim and then a year and 90 days from the accident in bringing an action or you’re going to be out of luck.

Last but not least, time limitations are different from state to state. That’s why it’s important to get a lawyer involved. You’re going to want to know if there are certain time limits. Say you’re a New York resident and you’re on vacation, and you get in an accident in Virginia with a commercial truck, what are your rights down there? How long do you have to bring your claim down there? There are a lot of moving parts to these cases. You want to make sure that you have your time limits cemented so we know that we don’t miss anything.

Victims are entitled to financial compensation to pay for the financial, physical and emotional burdens of an accident. Those injured in trucking accidents have two types of compensation available to them: Compensatory and punitive damages.

Compensatory Damages. Compensatory damages help victims pay for the immediate and long-term consequences of an accident. Compensatory damages help cover:

  • Medical bills and rehabilitation
  • Lost wages and disability
  • Loss of normal life (e.g. not being able to return to hobbies)
  • Emotional distress
  • Pain and suffering
  • Loss of consortium (e.g. damages for personal relationship strife)

Punitive Damages. Punitive damages are awarded in addition to compensatory damages. This type of compensation is awarded by the jury if your case goes to trial, and it is used as a financial punishment for gross negligence or malice. Ultimately, your attorney can help you determine if punitive damages are an avenue to pursue in your case.

Were you or a loved one seriously injured in a wreck and have questions about the statute of limitations for truck accidents in New York? Contact a Hamburg truck accident lawyer at Chiacchia and Fleming today for a free confidential consultation and case evaluation. Let our experience work for you.

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