Posted by When you are involved in an accident with a large truck, the damages and injuries can be devastating. In many of these accidents, the truck driver, their employer, and the company’s insurance carrier may try to blame you by attempting to prove you were driving recklessly, were in the truck’s blind spot, or changed lanes without signaling. Whatever the case may be, there will be many complexities associated with your truck accident claim. Because of this, rely on an experienced New York truck accident lawyer. At Gersowitz Libo & Korek P.C. our attorneys help to ensure you receive the compensation you need and deserve for your injuries.
Who Might Be Liable for a Sideswipe Truck Accident?
Whenever drivers are behind the wheel, they owe others on the road a duty of care to behave reasonably in order to prevent accidents. When this is applied to truck drivers, this means making sure they always check their blind spots before making a turn or changing lanes. Therefore, so long as you were not driving in an unreasonable manner when the accident happened, you have the right to seek compensation for all damages you incurred. In most situations, the liable party will be the trucking company, unless the driver is an independent contractor. In these cases, the claim will be filed directly against the trucker.
How Can I Prove Fault?
Since accidents involving big trucks offer many complexities, it can sometimes be difficult to prove who was at fault. However, by working with a skilled truck accident attorney who has a track record of success with these cases, proving fault becomes much easier. To do so, your lawyer will use such evidence as:
- Eyewitness testimony
- Data from the truck’s “black box
- Available dash cam footage
- Videos from surveillance systems located near the scene of the accident
- Photographs of the accident scene
- Cellphone records
- Testimony from accident reconstruction experts
- Police reports
By using a combination of these types of evidence, you will have a much greater chance of having a successful accident claim.
How Long Do I Have to File a Truck Accident Lawsuit?
New York has a statute of limitations of three years to file personal injury lawsuits, there are some exceptions to this of which you should be aware. For example, if a loved one died in the accident, you will have only two years to file a wrongful death lawsuit.
Rather than let a truck driver and possibly their company fail to be held accountable for their negligence and carelessness, put your trust in a truck accident attorney from Gersowitz Libo & Korek P.C. to ensure your case is handled promptly and fairly. By doing so, you will have expert legal representation on your side who will fight hard to help you receive full compensation for your damages and injuries.
