The Process of a Truck Accident Lawsuit
Many truck accidents result in victims suffering severe and permanent injuries. They can result in substantial medical expenses, lost wages and psychological trauma.
Your attorney will issue an Summons & Complaint to all parties liable. This process can last several years. Since New York uses comparative fault rules, your lawyer will ensure that any shared responsibility is appropriately determined and assigned to defendants.
Investigations
If someone is injured in a truck accident there is much more at stake than in an auto collision. The consequences of a truck crash could be catastrophic and the impact is more complicated due to the weight and size of a commercial truck. These accidents also require more intricate investigations.
To protect their interests the trucking companies and insurance companies often conduct investigations right after the accident. The issue is that the injured are left to take care of their injuries and aren't being able to gather evidence. This leaves them at a disadvantage when compared to the insurance provider and trucking companies.
A seasoned attorney for truck accidents is able to find evidence from a variety of sources which include police reports witness statements, and vehicle inspections. A lawyer who is experienced cannot rely solely on police reports alone, as they are often not sufficient for civil litigation. Police officers are not trained to conduct a proper investigation and may not gather all the evidence needed for the filing of a lawsuit.
Other kinds of records include logbook data maintenance and service records for the truck and other equipment, data from the event data recorder (also called a black box), and more. A competent attorney will request these as well as other types of evidence from the truck driver and trucking company, and then analyze the evidence to determine what led to the accident.
Expert Witnesses
A truck accident expert witness can aid your lawyer in proving different aspects of the case. A medical professional, for example, can give evidence to your lawyer that the accident caused your injuries. Your expert can also testify about how your injuries will affect your life's quality of living in the future. Expert witnesses can also assist your lawyer calculate the value of your injuries, which includes lost income and loss of future earning capacity.
An expert can look over the physical evidence and explain the impact of your injury on your future. For instance medical experts will explain how the accident can affect your physical and mental health. Another kind of expert is a metallurgist who will examine the reasons why a part of a car failed. There are also experts who can analyze how the weather may be a factor in the crash.
The primary function of your expert witness is to review the evidence and provide an objective opinion. However, some expert witnesses could pose a liability risk for your case if they're biased or have connections to the defendant's businesses. Your lawyer can conduct a background check on the expert witness to find out any potential risks.
In addition to expert witnesses, your lawyer will also speak with you and other eyewitnesses, such as witnesses who witnessed the crash occurring before it occurred. Be aware that the insurance companies of the defendants will attempt to get your to admit your fault or make statements which they can twist and alter to make it appear as though they are trying to undermine your case.
Like all drivers truck drivers also have a obligation to observe traffic laws and take reasonable care while driving. If they fail in this obligation and their carelessness causes a crash, they could be held accountable for injuries incurred by the victims of the collision.
Our lawyer will gather evidence from eyewitnesses and seek written or oral testimony to prove the defendant was negligent. Our team will also review an array of other evidence, including skid marks or points of impact, and will conduct crash tests.
Sometimes the reason for a truck accident is complicated with multiple parties. If the accident was caused by defective equipment or improper maintenance, we could sue the manufacturer or the truck. We might also sue the mechanic or repair shop responsible for the repairs.
We will attempt to resolve your case outside of court, but in the event that the trucking company, or its insurer is unable to accept an equitable settlement offer, we will prepare for trial. In the trial the judge or jury will rule on disputes such as who was responsible and what amount of compensation you'll receive. The total amount of your legal damages will be based on the losses you have documented that include financial, physical and emotional suffering.
Statute of Limitations
Understanding how these cases usually proceed can help prepare you for the future and give you an idea of how long it will take to resolve your case.
The process of establishing liability is among the most important steps. It is probable that a driver who was drowsy or distracted or impaired will be held responsible for the damages you suffered. There could be other parties that are also accountable. For instance, if the accident occurred due to poor repairs, for instance, a mechanic who completed the work or a business that made the truck or its components could be held responsible in the legal concept of respondeat superior.
It is also possible that the liable party may have committed a more serious reckless act, which could result in punitive damages. To establish this, we have to prove that the liable party acted in reckless disregard for your safety or that of others.
It is important to work with an attorney who understands the complexities involved in truck accidents. Insurance companies and the attorneys of the at-fault parties are frequently sheep in sheep's clothes and will try to obtain information from you that they could use against you in the future. You can avoid these traps by hiring an attorney to manage your communications.