Should I talk to the truck insurer or demand they save the black box?
Everyone says call the truck insurer first, but actually your smarter move in the next 24 hours is to lock down evidence.
If the crash was in Manhattan and you were taken to Bellevue or NYU Langone, keep every discharge paper and ask for your imaging records now. Then send a written preservation demand immediately to the driver, motor carrier, trailer owner, and any freight broker you can identify from the police report. That demand should specifically name electronic logging device data, ECM/black box data, dashcam video, driver qualification file, inspection records, dispatch messages, GPS, and post-crash drug/alcohol testing records. Under FMCSA rules, some records are kept only for limited periods, and companies do lose or overwrite them fast.
In the next week, get the New York State crash report and identify who was really involved. The logo on the truck is not enough. The driver, carrier, and broker can be different companies with different roles. Usually the motor carrier is the one with the main liability exposure, but a broker may matter if it negligently hired an unsafe carrier. Also find out whether the truck was carrying general freight, oil, or hazardous materials, because federal insurance minimums can range from $750,000 to $1 million or $5 million depending on the load.
Do not give the insurer a recorded statement this week if you do not yet know who employed the driver, who owned the tractor and trailer, or what data exists.
In the next month, make sure someone has followed up before data disappears. If a company ignores a preservation demand and destroys key records, that can become a serious evidence issue. In spring and summer, Manhattan truck crashes with cyclists and older pedestrians often turn on visibility, hours-of-service, and turning-route data, not just eyewitness memories.
We provide information, not legal advice. Laws change and every accident is different. An experienced attorney can evaluate your specific case at no cost.
Get help today →