When a large truck clips a passenger vehicle while changing lanes or turning, the resulting property damage and injuries can be devastating. Sideswipe accidents may not seem as serious as head-on collisions, but at a high speed, they can be just as catastrophic. And unlike other kinds of accident claims, proving liability after a sideswipe crash poses unique challenges.
It’s not uncommon for truck drivers (or their employer/the insurance company) to argue that the victim was somehow negligent. For example, they might contend that you were riding in the truck’s blind spot or that you abruptly changed lanes without signaling.
There are many other ways the opposing party might dispute your claim, so it’s important that you speak to a personal injury attorney as soon as possible. Your lawyer can help you gather evidence and avoid critical mistakes early in the proceedings.
Read on for the answers to three FAQs about blind spot truck accident claims:
- Who Might Be Liable for a Sideswipe Truck Accident?
All drivers owe a duty of care to other motorists to take reasonable steps to prevent accidents. Part of that duty is checking blind spots before changing lanes or turning.
As long as you weren’t behaving negligently at the time of the crash, you should be able to seek compensation for 100 percent of your damages. The liable party would most likely be the truck driver’s employer, but if the trucker was an independent contractor, your claim might be filed against the trucker directly. If your injuries weren’t that serious, though, you may only be able to file a claim against your own no-fault insurance policy.
- How Can I Prove Fault?
The following evidence may be used by your lawyer to prove fault:
- Eyewitness testimony;
- Dash cam footage;
- Data from the truck’s “black box;”
- Recordings from nearby surveillance systems;
- Photographs of the wreckage;
- The official police report;
- Cell phone records; and
- Statements from accident reconstruction experts.
- How Long Do I Have to File a Truck Accident Lawsuit in Minnesota?
In Minnesota, the statute of limitations for most personal injury claims is six years; however, there are several exceptions that can shorten this deadline considerably. For example, if your loved one died in a sideswipe truck accident, your family has only three years to file a wrongful death lawsuit. And if you want to sue a government entity—perhaps the municipality failed to maintain designated lane markers—you must commence the proceedings within just 180 days by submitting a formal notice of your claim.
Call 800-770-7008 for a Free Consultation with a Minneapolis Truck Accident Lawyer
If you were hurt in a truck accident in Minnesota, contact Bradshaw & Bryant. We will conduct a thorough investigation into your case and gather the evidence needed to prove negligence and the total value of your damages. Call 800-770-7008 or use our Online Contact Form to set up a free, confidential consultation with a truck accident attorney in Minneapolis.
A founding partner with Bradshaw & Bryant, Mike Bryant has always fought to find justice for his clients—knowing that legal troubles, both personal injury and criminal, can be devastating for a family. Voted a Top 40 Personal Injury "Super Lawyer" multiple years, Mr. Bryant has also been voted one of the Top 100 Minnesota "Super Lawyers" four times.