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How Do I Prove Negligence After a Truck Accident in New York?

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Filed under Automotive, Editorial

After a truck accident that wasn’t your fault, you’ll need to prove that the other party was negligent. However, this is best left to attorneys who are knowledgeable in traffic law because the other party’s insurance company can use deceptive methods to get you to agree to their settlement terms. However, insurance companies often provide a far smaller settlement than is deserved. They also don’t include pain and suffering damages, which are non-economic damages that make up most of a settlement claim. 

According to Giordano Law Offices | NY Truck Accident Lawyer, you should receive damages that cover your medical bills, lost income, pain and suffering, and property damage. Additionally, you might believe the truck driver is at fault when it really is another party. An attorney can help you hold the responsible party liable for their negligence so that you are fairly compensated. To prove negligence after a New York truck accident, you should continue reading. 

Speak To An Attorney

The best approach to proving negligence is by speaking to a skilled legal professional. Truck accident attorneys understand traffic law and can help you with your accident. They will also discover who to hold liable for your injuries after an initial review of your truck accident. Truck accident attorneys can apply a large array of methods to gather evidence to support your truck accident case. They do this using the following methods:

Analyzing Photographs

The photographs you take of the truck accident will be analyzed. How the motor vehicles were positioned and the extent of the damage can help prove who was at fault for the accident. 

Obtaining Traffic Camera Footage

If your accident was caught on camera, your attorney will review the footage to figure out if the truck driver was negligent. 

Filing Subpoenas

Attorneys can obtain cellphone usage footage to prove whether the trucker was using their phone before the accident. 

Using Accident Reconstruction Specialists

Specialists can reconstruct how an accident happened to show who was at fault.

Obtaining A Police Report

Don’t leave the truck accident scene without first speaking to the police. They will write a police report detailing their account of the accident. This official record can be later included in your settlement claim as additional proof. The police will write a citation if the other drive broke a traffic law. If they think the truck driver is intoxicated, they’ll request a drug test. Your attorney can attain the test results to learn if the driver was intoxicated. 

Using Eye Witnesses

If there were any people who saw the accident, you should get their contact information. Your attorney can obtain testimonies from them to help strengthen your truck accident settlement claim. 

Contact Truck Accident Attorneys

Before you try to prove negligence on your own, speak to trained legal professionals who have an in-depth understanding of traffic law. They can help you get the compensation you deserve. Get an attorney to fight for you and represent you while you recover from your injuries at home.


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