New Hyde Park is home to one of the largest hospitals on Long Island. Long Island Jewish Medical Center sits on the Queens-Nassau line just off the Grand Central Parkway and Lakeville Road, and its emergency department treats crash victims from both counties every day. Some of those patients were hurt in collisions with delivery trucks, including the brown UPS package cars that work Jericho Turnpike, New Hyde Park Road, Hillside Avenue and every residential block in between.
We get a lot of questions from people in that situation, often while they are still recovering. So instead of a standard article, we have gathered the most common ones into an “Ask the Lawyer” column. The letters below are composites, written to reflect the kinds of questions a UPS truck accident lawyer in New Hyde Park hears regularly. The answers are general information, not legal advice for your specific case.
“The UPS driver backed into my car in a parking lot. Is that even a real accident?”
Dear Lawyer, I was sitting in my car in a shopping center lot on Jericho Turnpike when a UPS truck backed right into my driver’s door. The driver apologized. My neck has hurt ever since. Does a parking lot crash count?
Yes. A parking lot crash is a motor vehicle accident like any other. New York’s no-fault law applies, so your own auto insurance should pay reasonable medical bills and part of your lost wages regardless of fault, as long as you file your application within 30 days. If your injury is serious under New York law, you can also pursue a claim against the UPS driver and UPS. Backing crashes are often clear-cut on liability: a driver who reverses into a stationary car usually bears responsibility. Keep the driver’s name, the truck number, and any photos, and ask the shopping center whether its cameras captured the crash. Lot cameras often record over within days, so ask quickly.
“I was walking, and the truck pulled out from the curb.”
Dear Lawyer, I was crossing New Hyde Park Road near my house when a UPS truck that had been double-parked pulled out and hit me. I broke my ankle. I don’t own a car. Who pays my bills?
I’m sorry about your injury. As a pedestrian struck by a vehicle, you are generally entitled to no-fault benefits. If no one in your household owns a car, you would typically claim under the policy covering the UPS truck. File within 30 days. A fractured ankle is a fracture, which meets New York’s serious injury threshold under Insurance Law Section 5102(d), so you can also pursue the driver and UPS for pain and suffering and losses beyond no-fault. Under New York’s pure comparative negligence rule, even if UPS argues you crossed mid-block, your recovery would be reduced, not eliminated.
“UPS’s claims person wants a recorded statement.”
Dear Lawyer, A representative from UPS called me the day after my crash. She was very nice and asked me to give a recorded statement so they could “move my claim along.” Should I?
You are not obligated to give a recorded statement to the other side’s claims representative, and I would not recommend doing so before you speak with a lawyer. Large carriers have experienced claims teams. Questions that seem routine, about your speed, where you were looking, how you are feeling, can be used later to minimize your claim. It is perfectly fine to say, “I’ll have my attorney contact you.”
“Does UPS have its own insurance?”
Dear Lawyer, When I asked for the insurance information, the driver gave me a card with UPS’s claims number, not an insurance company. How does that work?
Large companies often manage claims through their own risk management departments and third-party administrators, sometimes paying claims up to a certain amount themselves before commercial insurance applies. For you, the practical effect is that you will be dealing with UPS’s claims system. The company is generally responsible for its employee driver’s negligence on the job, and as the vehicle owner it is generally liable under New York Vehicle and Traffic Law Section 388.
“There’s data on the truck, isn’t there?”
Dear Lawyer, My neighbor says UPS trucks track everything. Can that help me?
Your neighbor is right that modern delivery fleets use telematics that can record location, speed, braking, reverse gear and stops, and drivers carry handheld devices logging deliveries. That data can show exactly what the truck was doing before the crash. Your lawyer should send a preservation letter to UPS promptly demanding that the data, any video, the driver’s records and the vehicle’s maintenance records be saved.
“I was treated at LIJ. Is the ER record enough?”
Dear Lawyer, The ambulance took me to LIJ after the crash, and they said I had a concussion and a sprained wrist. I haven’t been back to a doctor since. Is that okay?
The ER record is an important start, but it is not enough by itself. Follow up with your primary doctor or a specialist, especially for a concussion. Symptoms like headaches, dizziness, trouble concentrating and sleep problems can persist, and they need to be documented. Insurers look for gaps in treatment and argue that a person who stopped treating must have recovered. Consistent care helps both your health and your claim.
“I was partly at fault. Should I even bother?”
Dear Lawyer, I admit I was going a little fast on Hillside Avenue when the UPS truck turned in front of me. Can I still make a claim?
Possibly. New York follows pure comparative negligence, so if a jury found you 25% responsible and the driver 75%, you could recover 75% of your damages. The details matter: left-turning drivers generally must yield to oncoming traffic, so a truck turning across your path may bear significant responsibility even if you were speeding slightly. Talk to a lawyer before assuming you have no case.
“The crash happened just over the line in Queens. Does that matter?”
Dear Lawyer, I live in New Hyde Park, but the crash was on Hillside Avenue in Glen Oaks, which I think is Queens. Does it matter?
It can. The responding police department (NYPD versus Nassau County Police), the court where a lawsuit might be filed (Queens County Supreme Court in Jamaica versus Nassau County Supreme Court in Mineola), and any claims against public entities for road conditions can differ. The core New York injury law, no-fault, serious injury and comparative fault, applies on both sides of the line.
“How long do I have?”
Dear Lawyer, I’m still recovering and don’t want to think about this yet. How long can I wait?
Take care of yourself first, but keep these deadlines in mind:
- 30 days for the no-fault application.
- 90 days for a Notice of Claim if a public entity, such as a village, town or county, may be responsible.
- Three years for most personal injury lawsuits.
- Two years for wrongful death claims.
Evidence also fades long before those deadlines. A short call with a lawyer now can protect your options while you focus on healing.
“Do I need a lawyer, or can I handle it myself?”
Dear Lawyer, My injuries aren’t catastrophic. Can I just deal with UPS directly?
Some people with minor injuries resolve claims on their own. But if you have a fracture, ongoing treatment, missed work or a dispute about fault, a lawyer can make a real difference. A lawyer can obtain the truck’s data, coordinate no-fault and liability claims, handle liens, and present your injuries in a way that reflects their full impact. At Mushiyev Law, there is no attorney fee unless we recover money for you, so a consultation costs nothing.
Have a Question of Your Own?
Our office in Rosedale is a short drive down the Cross Island Parkway from New Hyde Park. We handle UPS, FedEx, Amazon and other delivery truck cases throughout Nassau and Queens. Visit our home page or contact us for a free consultation. For background on crash reporting in New York, see the NY DMV.
Directions From New Hyde Park to Our Rosedale Office
Mushiyev Law is at 1 Cross Island Plaza, Suite 325, Rosedale, NY 11422, beside the Cross Island Parkway and the Belt Parkway interchange.
From LIJ Medical Center, head east on the Grand Central Parkway to the Cross Island Parkway south, and follow it to Rosedale. The drive typically takes about 15 to 20 minutes.
“My elderly mother was hit near the hospital.”
Dear Lawyer, My 78-year-old mother was crossing near LIJ on her way to an appointment when a delivery truck making a turn knocked her down. She broke her hip. What should our family know?
I’m very sorry. Hip fractures in older adults are serious injuries with long recoveries, and they often lead to a loss of independence. A few points for your family. First, your mother is likely entitled to no-fault benefits for medical bills, typically through a household auto policy or the truck’s coverage. Second, a hip fracture meets New York’s serious injury threshold, so she may pursue the driver and the company for pain and suffering, the cost of home care or rehabilitation, and the loss of enjoyment of life. Third, if Medicare paid any of her bills, Medicare will have a right to reimbursement from any settlement, which must be handled correctly. Fourth, if she is unable to manage her own affairs, the family may need a power of attorney or other arrangement so someone can act for her. A lawyer can guide you through all of this, including meeting with her at home or at a rehab facility.
“Will my case go to court?”
Dear Lawyer, I’m nervous about testifying. Will I have to go to court?
Most injury cases settle without a trial. If a lawsuit is filed, you may need to answer written questions and give a deposition, which is testimony under oath in a conference room, not a courtroom. Your lawyer will prepare you. Many cases resolve after depositions once both sides understand the evidence. Trials happen, and a good lawyer prepares every case as if it might go to trial, because that preparation is often what produces a fair settlement.
Frequently Asked Questions
Is UPS responsible if its driver hit me in New Hyde Park?
Generally, yes. UPS drivers are typically employees, and an employer is usually responsible for an employee’s negligence on the job. UPS can also be liable as the vehicle owner under New York law.
Can I get no-fault benefits if a UPS truck hit me while I was walking?
Yes. Pedestrians struck by vehicles are generally entitled to no-fault benefits, usually through a household auto policy or the truck’s coverage if no one in your household owns a car.
What if my crash happened at the Queens-Nassau line near LIJ?
The police agency and court may differ, but New York’s core injury rules apply on both sides.
Should I go back to the doctor after being treated in the ER?
Yes. Follow-up care documents your recovery and any lasting symptoms, which is important for your health and your claim.
How much does a UPS truck accident lawyer in New Hyde Park cost?
Mushiyev Law works on contingency: no attorney fee unless we recover money for you, and the consultation is free.
This article is general information, not legal advice. Reading it does not create an attorney-client relationship. Attorney Advertising. Prior results do not guarantee a similar outcome.