New York Truck Accident Lawsuit Timeline and Deadlines

Understanding New York Truck Accident Cases

Truck collisions in New York often involve multiple parties—drivers, motor carriers, shippers, maintenance contractors, and insurers. Evidence can be more complex than in typical car crashes, potentially including electronic logging device (ELD) data, hours-of-service records, dispatch communications, vehicle telematics, and cargo documentation. Because New York also has a no-fault system for basic economic losses, your path may include both an insurance benefits claim and a separate liability claim for pain and suffering if you meet the serious injury threshold (see DFS No-Fault; Insurance Law § 5102).

Immediate Steps After a Truck Crash

• Seek medical attention and follow your provider’s instructions.
• Report the crash to law enforcement and your insurer.
• Preserve evidence: photos, dashcam, witness info, medical records.
• Consult counsel early to request preservation of critical trucking records (for example, ELD and maintenance logs) that may be overwritten in the ordinary course of business.

No-Fault (PIP) Benefits in New York

New York’s no-fault system can provide coverage for reasonable and necessary medical expenses and certain lost wages, subject to policy limits and exclusions. Applications and supporting documents must be submitted on time; for example, no-fault applications are generally due within 30 days of the crash, with limited exceptions, and providers face billing submission timelines (see DFS No-Fault). Missing notice or proof-of-claim requirements can affect reimbursements.

Determining Whether You Can Sue for Pain and Suffering

To pursue non-economic damages (pain and suffering) outside the no-fault system, you generally must meet New York’s “serious injury” threshold. Qualifying categories are defined by statute and include certain specific injuries and disability durations; whether you meet the threshold depends on medical findings and documented functional limitations (see Insurance Law § 5102(d) and NY Courts CourtHelp).

Typical Timeline: From Claim to Resolution

• Investigation and claim setup: Gathering police reports, medical records, trucking company records, and insurance information. Early preservation letters help safeguard ELD data and maintenance logs.
• Medical treatment and evaluation: Claim value depends on diagnosis, treatment course, and prognosis. Settlement talks often wait until your condition stabilizes or there is a clear long-term outlook.
• Liability and damages evaluation: Experts may analyze crash reconstruction, trucking safety compliance, and economic losses.
• Settlement negotiations: Insurers may make offers after reviewing evidence; multi-defendant cases can take longer due to coverage disputes and fault apportionment.
• Filing a lawsuit if needed: Litigation phases commonly include pleadings, discovery, motion practice, mediation or court conferences, and potentially trial. Appeals can extend the process.

Timing varies based on injury severity, number of parties, court caseload, and whether liability is contested.

Deadlines and Notice Requirements in New York

• No-fault (PIP) deadlines: Applications are typically due within 30 days; medical bills and wage documentation have additional timelines. Limited exceptions may apply (see DFS No-Fault).
• Personal injury statute of limitations: Negligence claims for bodily injury are generally subject to a three-year limitations period (see CPLR § 214(5)).
• Wrongful death: Generally two years from the date of death, subject to exceptions (see EPTL § 5-4.1).
• Claims involving municipalities: A Notice of Claim is typically required within 90 days, and the lawsuit must be commenced within one year and 90 days for many tort claims (see GML § 50-e; GML § 50-i). Other public entities can have distinct rules.

Deadlines are set by statute and court rules, can change, and may have exceptions. Act promptly to identify which limits apply to your case.

Evidence Unique to Trucking Cases

• Electronic logging device (ELD) and hours-of-service data
• Event data recorder/telematics
• Driver qualification file; drug/alcohol testing records
• Maintenance and inspection records
• Bills of lading, weight tickets, dispatch and communications
• Carrier safety policies and prior violations

Some records are kept only for limited periods in the ordinary course of business, so early preservation requests can be critical.

Comparative Fault and Insurance Coverage Considerations

New York follows a pure comparative negligence framework: your recovery may be reduced by your percentage of fault but is not barred solely because you share responsibility (see CPLR § 1411). Trucking cases may involve layered insurance (primary, excess, umbrella) and contractual relationships among carriers, brokers, and contractors that affect who is responsible and how coverage is triggered.

What Can Affect How Long Your Case Takes

• Severity and stability of your medical condition
• Number of defendants and insurers
• Availability of key trucking records and experts
• Court schedules and motion practice
• Willingness of parties to mediate or negotiate
• Whether liability is disputed

How an Attorney Can Help

Counsel can coordinate no-fault benefits, evaluate the serious injury threshold, secure and analyze trucking evidence, identify all responsible parties, handle negotiations, and litigate where necessary. Early involvement often improves the quality of preserved evidence and helps avoid missed deadlines.

FAQ

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

Many negligence claims must be filed within three years of the crash (CPLR § 214[5]). Wrongful death is generally two years from the date of death (EPTL § 5-4.1). Shorter notice rules apply to municipal defendants.

Can I recover if I was partly at fault?

Yes. Under pure comparative negligence, your damages are reduced by your percentage of fault but not barred entirely (CPLR § 1411).

What if the truck was owned by a city or public authority?

You may need to serve a Notice of Claim within 90 days and file suit within one year and 90 days for many tort claims (GML §§ 50-e, 50-i). Different public entities can have unique rules.

Do I need to meet the serious injury threshold?

To seek pain and suffering damages, you generally must meet the statutory serious injury threshold under Insurance Law § 5102(d), supported by medical evidence.

Have questions about a New York truck crash? Contact our team for a free, confidential consultation.

Sources

• NY Courts CourtHelp – Auto Accident Basics
• NY Courts CourtHelp – Auto Claims Overview
• New York State Department of Financial Services – No-Fault Insurance
• N.Y. Insurance Law § 5102 (definitions; serious injury)
• CPLR § 1411 (comparative negligence)
• CPLR § 214(5) (personal injury statute of limitations)
• EPTL § 5-4.1 (wrongful death limitations period)
• GML § 50-e (notice of claim)
• GML § 50-i (time for commencement of action)