The Process of a Truck Accident Lawsuit
Accidents with trucks can cause severe and permanent injuries. They can cause significant medical costs as well as psychological harm.
Your lawyer will make an Summons and Complaint against all parties liable. This process can take several years. Because New York uses comparative fault rules, your lawyer can ensure that any shared responsibility is appropriately evaluated and distributed to defendants.
When someone is injured in a crash involving a truck, there is a lot more at stake than in an auto collision. The effects of a crash involving a truck could be catastrophic and the resulting damage is more complex due to the size and weight of a commercial truck. These accidents also involve more complex investigations.
This is why insurance companies and trucking companies often conduct investigations immediately following an accident to protect their interests. The issue is that victims are left to manage their injuries and are not capable of obtaining evidence. This puts them at a disadvantage in comparison to the trucking company or insurance provider.
A skilled truck accident lawyer can find evidence from a variety of sources which include police reports witness statements and vehicle inspections. A seasoned attorney will not only rely on police reports, however, because these documents are typically not adequate for civil litigation. Police officers may not be trained to conduct an inquiry correctly and may not collect all the evidence needed to file the court case.
Other kinds of information include logbook records maintenance and service records for the truck and the event data recorder (also known as a black box) and more. A competent attorney will request these as well as other types of evidence from the truck driver as well as the trucking company and then carefully analyze the evidence to determine what led to the accident.
Expert Witnesses
An expert witness can help your lawyer establish the various aspects of your truck accident case. A medical expert for instance, can provide evidence to your attorney that the accident resulted in your injuries. Experts can also testify regarding how your injuries will affect your future quality-of-life. Expert witnesses can help your lawyer determine your damages which include lost income and future earning capacity.
Experts can examine the physical evidence and explain the impact of your injury on your future. A medical expert for instance, can explain how your accident might impact your physical and mental health. Another kind of expert is a metallurgist that can examine the reasons why a part of a car failed. Experts can determine if weather was a factor in the crash.
The main function of your expert witness is to evaluate the evidence and provide an objective opinion. However, some expert witnesses could be risky for your case if they're biased or have connections to the defendants' companies. Your attorney can perform a background check to find these risks and ensure that you have the best expert witnesses available.
In addition to expert witnesses, your attorney will also question you and other eyewitnesses, including any witnesses who witnessed the accident taking place before it occurred. It is crucial to remember that the insurance companies of defendants will attempt to force you to admit guilt or to make claims they can twist and distort to diminish your case.
Litigation
Like all drivers truck drivers are also required to obey traffic laws. duty to obey traffic laws and to exercise reasonable care on the road. If they fail to fulfill this duty and their negligence leads to a crash, they could be held accountable for damage to the victims of that collision.
Our attorney will collect evidence from eyewitnesses, and get either oral or written evidence to prove the defendant was negligent. Our team will also review other evidence, including skidmarks and points of impact and conduct crash testing.
Sometimes the reason for an accident on the road is complicated with multiple parties. For instance, if the truck accident was caused by defective equipment or poor maintenance, we could sue the manufacturers of that equipment or the trucks themselves. We could also sue the mechanic who made the repairs or the repair shop.
We will attempt to resolve your case without going to the courtroom. If, however, the trucking company or its insurer refuses a fair settlement then we will prepare to go to trial. During trial, a jury or judge will decide on disputed issues such as who is at fault and how much compensation you should get. The total amount of your legal damages will be based on the losses you have documented, which comprise financial, physical and emotional suffering.
Statute of limitations
While the legal process after a truck accident can be complicated, understanding how these cases usually go can help you plan for the future and provide you with a better understanding of the length of time your case might take.
One of the most crucial steps is to establish the liability. If an truck driver was sleepy or distracted, as an example then it is likely that they will be held responsible for your losses. There could be other parties that are as well. If the accident was the result of poor repair, then a mechanic or company that made the truck or its components could be held liable according to the legal theory of respondeat superior.
You may also be entitled to damages for punitive acts if the responsible person committed an act of recklessness that was a lot more serious. To prove this, we must prove that they acted in a reckless, impulsive manner with a disregard for your safety and the safety 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 often sheep in sheep's clothes and will try to get statements from you that they could use against you later. You can stay clear of these pitfalls by having an attorney handle your communications.