My husband made a right hand turn into a residential area, when a trash truck came around 2 parked vehicles and entered his lane causing him to lay his bike down. The driver of the trash truck only said ' there were cars there, there were cars there' pointing back towards the parked vehicles. The driver didn't even stop to see if my husband was ok, and now they are claiming an off duty deputy witnessed the accident. This alleged witness didn't even stop to check on my husband, nor did he call in the accident. Instead he is siding with his fellow county workers as an attempt to save their jobs, because they were at fault and left the scene.
It sounds like liability in this case is a little less "cut and dry" than the sheriff, trash truck driver, or you think. It may be a case of "comparative fault" between your husband and the trash truck driver but, this doesn't mean you might not still have a claim. You need to retain an attorney to advocate your position. There are usually MUCH SHORTER time deadlines on bringing claims against government entities so, you need to ACT NOW.
Nothing in this communication should be construed as creating an attorney client relationship. This is for informational purposes only. Attorney will take no action on your behalf unless and until a written retainer agreement is signed. There are strict time deadlines on filing claims and, as such, you are advised to consult with and retain an attorney immediately to file such claims timely or you will lose any right to recovery.
The off duty deputy has no greater duty than an ordinary citizen to stop at an accident scene, unless his/her specific department has a rule or regulation to the contrary. Based on what you have said, I can tell you one thing with a very high degree of confidence: Your husband is going to get no where with the insurance company for the trash truck without an attorney. There are a number of excellent Plaintiff's attorneys in Topeka who would be happy to talk with your husband about this situation. If he would like to give me a call, I would be happy to steer him in the right direction.
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