How to File a Lawsuit for a Truck Accident in New York

Victims of truck accidents often incur severe injuries. Fortunately, at-fault parties can be sued for truck accidents they cause. Plaintiffs in truck accident lawsuits will have access to multiple forms of monetary damages.

You should contact a truck accident lawyer for help filing a truck accident lawsuit in New York. There are numerous requirements plaintiffs must satisfy when filing their cases. Furthermore, plaintiffs must gather evidence to show that their accidents were caused by defendants’ negligent conduct.

If you were injured because of a truck accident in New York, get help building your case. Reach out to our experienced Westchester truck accident lawyers by calling The Martello Law Firm at (914) 685-6950 for a free case review.

Filing a Truck Accident Lawsuit in New York

There are certain requirements plaintiffs must satisfy when filing a truck accident lawsuit in New York. First, you must ensure you comply with the time limit for filing your case. Under C.V.P. Law § 214, you will usually have three years from the date of a truck accident to file your lawsuit. However, important evidence will become harder to gather as time goes on. The sooner you contact our New York truck accident lawyers, the more easily we can gather the evidence necessary to win your case.

There are certain exceptions to the three-year time limit for filing a truck accident case. For instance, parents can file truck accident lawsuits on behalf of their children at any point until the children turn 18. After reaching adulthood, victims will then have three years to file cases related to truck accidents suffered while they were minors. Our attorneys can help when assessing how the statute of limitations may be applied to your claim.

Furthermore, you must file your case in the right jurisdiction, attach necessary supporting documents, serve defendants, and avoid filing an incomplete claim. Failure to adhere to even one of these conditions could inhibit your case’s chances of success. Fortunately, our team can help satisfy all of the necessary requirements for filing your truck accident lawsuit.

Elements of a Truck Accident Lawsuit in New York

The process for recovering payment through truck accident lawsuits can vary. However, each plaintiff must show that the following elements are true:

  • The defendant owed you a duty of care
  • The defendant did not adhere to their duty of care
  • You were injured because of the defendant’s breach of duty
  • You sustained damages as a result of your injuries

Defendants and their insurance companies will often try to disprove one or more of the aforementioned elements when disputing plaintiffs’ cases. Our experienced Yonkers truck accident lawyers can help gather the evidence necessary to establish the required elements in your case.

Do You Need to See a Doctor Before Filing a Truck Accident Lawsuit in New York?

You should seek medical treatment for your injuries as soon as possible after suffering a truck accident in New York. Proper documentation of your injuries is required for your case to succeed. Accordingly, waiting to let your injuries heal on their own can inhibit the amount of damages available to you. Our New York truck accident lawyers can help find the right physicians to treat your injuries.

Additionally, defendants and their insurers may use a gap in medical treatment to say that you are no longer hurt. Therefore, you should attend any follow-up appointments and continue taking any prescribed medication related to your truck accident injuries.

Evidence Used to Support a Truck Accident Lawsuit in New York

Plaintiffs in New York truck accident lawsuits must prove that they were hurt because of defendants’ negligent actions. There are several forms of evidence that can be used to prove that a defendant is at fault:

Accident Reports

After a harmful truck accident, a police officer should come to the scene to create an accident report. These reports can be very helpful when determining the cause of a crash. For instance, police reports can contain statements from drivers, statements from witnesses, and notes from officers regarding how they believe collisions occurred. Our New Rochelle car accident lawyers can help obtain a copy of the officer’s accident report in your case.

Expert Witness Testimony

Expert witnesses are considered experts because they have completed the requisite education, training, and experience in their respective fields. These types of witnesses are usually used to explain complex theories of fault. For instance, an engineering expert may be summoned to explain how a defective cargo securement device contributed to an accident. Furthermore, an accident reconstruction expert may be called to establish that a truck driver is at fault for an intersection accident. The assistance of our New York truck accident lawyers can be very helpful when finding the right experts to support your claims.

Eyewitness Testimony

Testimony from eyewitnesses can also be very helpful when proving that a defendant is at fault for a truck accident. Eyewitnesses can offer either written or oral testimony that explains how or why a crash occurred. For instance, a witness may state that they saw a truck driver ran a red light before striking the plaintiff. Therefore, you should always try to gather contact information for witnesses to your truck accident if possible.

Photos from the Scene

Photos from the scene are another type of evidence used to prove fault for truck accidents. For instance, photos showing skid marks at the scene may be utilized to show that a plaintiff attempted to slow down and avoid the collision at issue.

Furthermore, photos from the scene can be used to disprove defendants’ arguments. For example, a defendant truck driver may say that an accident occurred because of a malfunctioning traffic light. In that case, photos from the scene showing a working traffic light could be used to disprove the defendant’s assertion and establish that they are at fault. Accordingly, you should always take photos at the scene of your accident if you can. Our attorneys can help review any photos you took at the scene during a free case review.

If You Were Hurt Because of a Truck Accident in New York, Our Attorneys Can Help

If you suffered a truck accident in New York, seek support from our experienced Mount Vernon personal injury lawyers by calling The Martello Law Firm at (914) 685-6950 to review your case for free.

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