The Process of a Truck Accident Lawsuit
Many accidents involving trucks cause lifelong and severe injuries. These accidents can result in significant medical expenses, lost income, and psychological injuries.
Your attorney will issue a Summons and Complaint to all parties liable. This process could take several years. Because New York uses comparative fault rules, your lawyer will ensure that any shared responsibility is properly assessed and allocated to defendants.
Investigations
If someone is injured in a crash involving a truck there is much more at stake than in an auto accident. A truck accident could result in life-changing effects. The impact is also more complex due to the size and weight. These accidents also involve more complex investigations.
As a result, trucking companies and insurance providers typically conduct their own investigations right after an accident to protect their interests. The issue is that the victims are left to handle their injuries and are not capable of obtaining evidence. This puts them at a disadvantage comparison to the trucking company or insurance companies.
A lawyer for truck accidents with experience will search for evidence in various sources, such as witness testimony, police reports, and inspections of vehicles. A lawyer who is knowledgeable will not rely on the reports of police officers alone because they are usually insufficient for civil litigation. Police officers aren't taught to conduct an appropriate investigation and might not be able to gather all the evidence required to file the filing of a lawsuit.
Other types of information include logbook records, maintenance and service records for the truck as well as data from the event data recorder (also known as a black box) and many more. A skilled attorney will ask the truck driver and the trucking company for these and other forms of evidence, and then analyse them to determine the causes of the accident.
Expert Witnesses
A expert witness from a truck accident can aid your lawyer in proving different aspects of the case. An expert in medicine, for example, can provide proof to your lawyer that the accident caused your injuries. Experts can also testify on the impact your injuries could have on your future quality of life. Expert witnesses can also help your lawyer determine the value of your damages, which could include lost income and loss of earning capacity in the future.
Experts can review physical evidence and explain the impact of your injury on your future. For instance medical experts can demonstrate how your accident can affect your mental and physical well-being. A metallurgist, for instance, is another kind of expert who can determine the reasons why a vehicle component failed. There are also experts who can determine if the weather could have contributed to the crash.
The primary role of an expert witness is to review the evidence and offer an impartial opinion. However, certain experts can be risky for your case if they're biased or have connections to the defendants' companies. Your lawyer can conduct an investigation of the background of the expert witness to find out any risks that could be present.
Your lawyer will interview you, along with any other eyewitnesses who saw the accident prior to it taking place. It is important to keep in mind that the insurance companies of the defendants will try to convince you to admit fault or to make statements they can twist and distort to undermine your claim.
Litigation
As with all drivers truckers are required by law to adhere to a obligation to observe traffic rules and take reasonable care when they travel. If they do not fulfill this duty and their carelessness causes a crash, they could be held accountable for the accident damages suffered by the victims of the collision.
To show the defendant's negligence our attorney will gather a number of eyewitnesses who witnessed the crash and give written or oral testimony about the manner in which the collision took place. Our team will also look at other evidence, such as skidmarks and points of impact and conduct crash testing.
Sometimes, the reason for a truck accident is complicated with multiple parties. For instance, if a truck accident was caused by defective equipment or improper maintenance, we may be able to sue the makers of that equipment or the trucks themselves. We could also sue the repair shop or mechanic who performed the repairs.
We will try to resolve your dispute outside of court, however should the trucking firm or its insurance company refuses to make an acceptable settlement offer and we prepare for trial. During a trial, a jury or judge will decide on issues that are disputed such as who was responsible and what compensation you are entitled to. The legal damages you receive will be determined according to the total of your losses, including financial, physical and emotional suffering.
Statute of limitations
While navigating the legal process following a truck accident may be complicated, understanding how these cases usually go will help you anticipate what's ahead and give you a better sense of the length of time your case may take.
Establishing liability is one of the most important steps. It is possible that a trucker who was drunk or distracted or impaired will be held accountable for the damage you suffered. However, there may be buena park truck accident law firm . If the accident was caused by faulty repairs and/or a mechanic, then the company that made the truck or its components could be held liable under the legal theory respondeat superior.
You could also be entitled to damages for punitive acts if the responsible person acted in a manner of recklessness that was more serious. To determine this, we must prove that they acted in a reckless, impulsive manner with a disregard for your safety as well as that of others.
It is vital to hire a lawyer who is familiar with the complexities involved in truck accident cases. Insurance companies and the attorneys of the at-fault parties are frequently as wolves in sheep's clothes and will try to obtain information from you which they can use against you in the future. By having an attorney handle all communications, you can stay clear of these traps.