Truck accidents can produce devastating injuries. For example, victims of truck accidents regularly incur traumatic brain injuries, broken bones, soft tissue injuries, and spinal cord damage. Fortunately, negligent drivers and trucking companies can be held accountable for truck accidents they cause.
The path to compensation in your case may vary depending on multiple factors. Some victims of truck accidents must pursue payment through their own insurance companies. However, under certain circumstances, truck accident lawsuits may be filed against at-fault parties. Our attorneys can help explain the legal options available to you.
If you were injured because of a truck accident in Harlem, get help obtaining the financial compensation you deserve. Get in touch with our experienced Harlem truck accident lawyers by calling The Carrion Law Firm at (718) 841-0083. Our attorneys can review your case for free.
Time Limit to File a Truck Accident Lawsuit in Harlem
The time limit to file a truck accident lawsuit in Harlem is governed by C.V.P. Law § 214. Accordingly, you will typically have three years from the date of your crash to file your truck accident case. Noncompliance with this deadline could cause you to miss out on compensation. Accordingly, you should contact our Harlem truck accident lawyers as soon as possible after your collision. Our team can help file your case on time.
Furthermore, important evidence needed to support your claim may become hard to gather or preserve as time passes. For example, physical evidence can be misplaced, and witnesses can forget crucial details. The sooner you contact our experienced attorneys, the more easily we can collect the information needed to recover payment in your case.
Elements of a Harlem Truck Accident Lawsuit
The process for pursuing monetary damages in truck accident lawsuits can differ from case to case. There are several factors that can influence the path to compensation. However, in every case, the plaintiff must demonstrate that each of the following elements have been established:
- The defendant was under a duty of care, such as the duty to load cargo securely or the duty to drive with reasonable care
- The defendant did not adhere to their duty
- You suffered a truck accident because of the defendant’s breach of duty
- You incurred damages because of the injuries you sustained
Analyzing these elements within the context of your case can be a complicated task. During your free case assessment, our Harlem truck accident lawyers can help evaluate the strength of your potential lawsuit.
What if You Share Fault for Your Truck Accident in Harlem?
If you share fault for your truck accident in Harlem, you may be limited in the amount of damages you may recover. New York follows the doctrine of pure comparative fault when awarding damages in truck accident cases. This means that damages will be assigned based on each party’s percentage of fault. For example, if you are 20% to blame for your truck accident while the defendant is 80% at fault, then the defendant will have to pay for 80% of damages caused by the accident while you will have to account for the remaining 20%.
Accordingly, negligent parties may try to shift blame onto plaintiffs in order to avoid paying for damages they caused. The assistance of our Harlem truck accident lawyers can be highly valuable when seeking to prove that the defendant in your case is at fault. Our team of experienced attorneys will fight for the compensation you deserve.
Proving Fault for a Truck Accident in Harlem
There are many different forms of evidence that may be utilized to prove fault for a truck accident. The following are common types of evidence used by our Harlem truck accident lawyers:
Witness Testimony
Witness testimony can be very helpful when seeking to prove fault for a truck accident. Witnesses can offer both oral and written testimony that helps explain how or why collisions occurred. For example, a witness may state that they saw a truck driver travelling at high speeds before causing crash. Accordingly, you should always attempt to obtain contact information for any eyewitnesses to your accident if possible. Afterwards, our attorneys can provide guidance and support when reaching out for their cooperation.
Expert Witness Testimony
Expert witness testimony is another type of evidence that may be used to prove fault for truck accidents. Expert witnesses are considered experts because they have completed the necessary training, education, and experience in certain fields. They are often used to explain complex theories of fault. For instance, an engineering expert may be called to explain how a defective vehicle component led to a crash. Furthermore, an accident reconstruction expert may be summoned to explain why a truck driver is at fault for a highway collision. In any case, our Harlem truck accident lawyers can help find the right experts to support your case.
Physical Evidence from the Scene
Physical evidence from the scene can also be used to prove fault for a truck accident. For example, broken glass may be matched with a defendant’s headlight to identify them as the at-fault party. Furthermore, open liquor bottles found at a scene may show that a motorist was impaired at the time of their collision. Our attorneys can help recover and review and physical evidence found at the scene of your truck accident.
Still, some evidence may be hard to bring into court or preserve. Therefore, other means of documenting evidence are allowed.
Photos from the Scene
Additionally, photos from the scene of a truck accident may be used to prove fault. Photos can help demonstrate factors that contributed to a crash. For example, photos of a crushed vehicle may show that a truck driver was travelling at high speeds when a collision occurred.
Photos can also be used to discredit defendants’ alternative theories of fault. For instance, a defendant truck driver may state that their crash happened because of poor road conditions. In that case, photos from the scene showing adequate road conditions could be used to disprove the defendant’s assertion.
Therefore, you should always take photos at the scene of your truck accident if possible. Our Harlem truck accident lawyers can help review any photos you took during your free case review.
If You Were Hurt Because of a Truck Accident in Harlem, Our Attorneys Can Help
If you suffered a truck accident, seek help from our experienced Harlem truck accident lawyers by calling The Carrion Law Firm at (718) 841-0083 for a free review of your case.