The state of New York follows a “no-fault” insurance system, which means motorists typically turn to their own insurance providers for compensation after a truck accident, regardless of whether they were responsible for the crash. If you sustained severe injuries, though, the costs associated with treating them will be extensive and could exceed the limits of your policy.

In this scenario, you may have the right to file a personal injury claim against the liable party. New York State allows accident victims to sue if they sustained a serious injury, which is defined as one that results in:

• The loss of a fetus;
• One or more bone fractures;
• Significant disfigurement;
• Dismemberment;
• The permanent limitation of use of an organ, bodily function, or system;
• Full disability for at least 90 days; or
• Death.

To recover compensation after a serious injury, claimants must be able to prove fault. This may require photographs of the wreckage, dashcam recordings, and eyewitness testimony—in addition to other types of evidence. In collisions involving trucks, “black box” data can also prove to be invaluable when building an injury claim.

If you were hurt in a crash with a commercial driver and need help gathering proof of liability, contact The Law Office of Richard M. Kenny. A New York City truck accident attorney on our team can investigate your collision so no evidence goes overlooked. Contact our firm to schedule a free case evaluation with a personal injury lawyer.

What Are Black Boxes?

“Black boxes,” or event data recorders, are electronic control modules that capture various details regarding the operation of a motor vehicle. The data that they record can be reviewed after a collision to determine if the trucker had been speeding, violating the Hours of Service regulations, or otherwise driving recklessly just before the accident occurred.

What Kinds of Data Do Black Boxes Record?

According to the Congressional Research Service, black boxes capture details regarding:

• Tire pressure;
• Airbag deployments;
• Seat belt usage;
• Speed and rate of acceleration; and
• Accelerator and brake application.

Depending on the circumstances of the accident, this information can help injured parties strengthen their claims by confirming precisely what happened in the seconds leading up to the crash. For example, black box data might help prove that the trucker was taking turns too quickly, driving while distracted (indicated by a failure to apply the brake at all), or violating federal trucking regulations by driving for too many consecutive hours without stopping to rest.

Speak with a Truck Accident Lawyer in New York City

If you were hurt in a crash with a reckless commercial driver, contact The Law Office of Richard M. Kenny. Our lawyers have more than 100 combined years of experience practicing law. Contact our firm to schedule a free consultation with a personal injury attorney in New York City.