An 18-wheeler accident in Ontario County, New York, involves complex liability under New York Insurance Law § 5102 and CPLR Article 14-A. Law Offices Of SRIS, P.C. has extensive criminal defense experience and can help you handle the serious injury threshold and comparative fault rules. Call (888) 437-7747 for a consultation by appointment.
18 Wheeler Accident Lawyer Ontario County, New York
New York’s personal injury law, governed by Insurance Law § 5102, establishes a serious injury threshold for non-economic damages in motor vehicle accident cases. This means you must prove a serious injury — such as death, dismemberment, significant disfigurement, fracture, loss of a fetus, permanent loss of use of a body organ, or a medically determined injury preventing daily activities for 90 of the first 180 days — to recover pain and suffering damages. The statute of limitations for personal injury claims is generally 3 years from the accident date under CPLR § 214, but claims against government entities require a Notice of Claim within 90 days. New York applies pure comparative fault under CPLR Article 14-A, reducing your recovery by your percentage of fault. Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., Advocacy Without Borders, brings 120+ years combined legal experience.
Last verified: May 2026 | New York Supreme Court, Ontario County | New York State Senate — official site
For official legal references, consult the following government sources:
In New York Supreme Court, Ontario County, prosecutors and insurance defense attorneys routinely scrutinize the serious injury threshold under Insurance Law § 5102. We have observed that early medical documentation is critical to establishing a serious injury claim.
- Seek immediate medical attention and document all injuries within 24 hours.
- Preserve evidence including electronic logging device data from the truck.
- Do not give recorded statements to insurance adjusters without legal counsel.
- File a Notice of Claim within 90 days if a government entity is involved.
- Contact an 18 wheeler accident lawyer near me Ontario County promptly.
- Initiate litigation before the 3-year statute of limitations expires.
In Ontario County, 18-wheeler accident claims involve damages for medical expenses, lost wages, pain and suffering, and property damage. New York does not cap compensatory damages in most personal injury cases.
| Offense | Classification | Incarceration | Fine | License Impact | Additional Consequences |
|---|---|---|---|---|---|
| Serious Injury (Insurance Law § 5102) | Civil claim | N/A | N/A | N/A | Must meet serious injury threshold for pain/suffering damages |
| Comparative Fault (CPLR Article 14-A) | Civil claim | N/A | N/A | N/A | Recovery reduced by plaintiff’s percentage of fault |
| Wrongful Death (EPTL § 5-4.1) | Civil claim | N/A | N/A | N/A | 2-year statute of limitations; damages for pecuniary loss |
Results may vary.
Founded in 1997 by Mr. Sris, former prosecutor — Law Offices Of SRIS, P.C., Advocacy Without Borders, brings 120+ years combined legal experience, 4,739+ documented firm-wide results across VA, MD, DC, NY and NJ, and a favorable-outcome rate above 93%. The firm has extensive criminal defense experience and handles complex 18-wheeler accident cases in Ontario County, New York.
Law Offices Of SRIS, P.C. has 4,739+ documented firm-wide results across VA, MD, DC, NY and NJ, with a favorable-outcome rate above 93%. While no locality-specific case results are available for Ontario County, the firm’s extensive criminal defense experience demonstrates a commitment to achieving favorable outcomes for clients. Results may vary.
Our location in Buffalo, NY is approximately 60 miles from New York Supreme Court, Ontario County, with access via I-90 (NYS Thruway) and I-390. Serving the communities of Canandaigua, Geneva, Victor, Farmington, Manchester, Phelps, Hopewell, Seneca (NY), and East Bloomfield. 24/7 phone consultations — (888) 437-7747 — meetings by appointment only.
Our Location: 50 Fountain Plaza, Suite 1400, Office No. 142, Buffalo, NY 14202 | (838) 292-0003 | By appointment only.
Frequently Asked Questions About 18 Wheeler Accidents in Ontario County
How long do I have to file a personal injury claim in Ontario County (Finger Lakes), New York?
New York’s statute of limitations for personal injury under § 5102 is typically 2-3 years from the date of injury, but shorter for claims against government entities (often 6 months notice requirement). Medical malpractice and wrongful death have distinct timelines. Missing the deadline bars the claim entirely — New York Supreme Court, Ontario County (Finger Lakes) County will dismiss on timeliness grounds. Evidence preservation and witness statements degrade over time. Contact Law Offices Of SRIS, P.C. promptly — (888) 437-7747.
What should I do if I am in an 18-wheeler accident in Ontario County, New York?
Seek medical attention immediately. Do not discuss fault with insurance adjusters. Preserve all evidence including photos, witness contact information, and the truck’s electronic logging device data. Contact an 18 wheeler accident lawyer near me Ontario County as soon as possible. New York’s comparative fault rule under CPLR Article 14-A applies. Call (888) 437-7747.
What damages can I recover in an 18-wheeler accident case in Ontario County, New York?
You may recover medical expenses, lost wages, pain and suffering, and property damage. New York Insurance Law § 5102 requires a serious injury threshold for non-economic damages in auto cases. There are no caps on compensatory damages in New York. An affordable 18 wheeler accident lawyer Ontario County can evaluate your case. Results may vary.
How does New York’s comparative fault rule affect 18-wheeler accident claims?
New York follows pure comparative fault under CPLR Article 14-A. Your recovery is reduced by your percentage of fault. Even if you are 90% at fault, you can still recover 10% of damages. This differs from Virginia’s contributory negligence rule. An 18 wheeler accident lawyer Ontario County can help establish liability. Call (888) 437-7747.
What is the serious injury threshold under New York Insurance Law § 5102?
The serious injury threshold requires proof of death, dismemberment, significant disfigurement, fracture, loss of a fetus, permanent loss of use of a body organ, or a medically determined injury preventing daily activities for 90 of the first 180 days. Meeting this threshold is essential for recovering pain and suffering damages in auto accident cases. An 18 wheeler accident lawyer Ontario County can help gather the necessary medical evidence.
For more information about personal injury representation in New York, visit our Car Accident Lawyer Bronx page. You may also find these related pages useful: Car Accident Lawyer New York and Car Accident Lawyer Nassau County.
Page last updated: 2026-05-01. Legal references verified as of 2026-02-15.