The Process of a Truck Accident Lawsuit

Truck accidents can cause severe and permanent injuries. They can cause significant medical costs as well as psychological damage.

Your attorney will issue a Summons and Complaint to the parties who are liable. This process can last several years. Your lawyer can help you determine whether any shared responsibility has been properly assessed and assigned.

Investigations

A truck crash can be more serious than an auto crash. The consequences of a collision with a truck can be life-altering and the impact is more complex due to the size and weight of a commercial truck. These accidents also require more intricate investigation.

To protect their interests the trucking companies and insurance providers will often conduct investigations right after the accident. The issue is that the victims are left to manage their injuries and aren't being able to gather evidence. This puts them at a disadvantage compared to the insurance company and trucking companies.

A seasoned truck accident attorney is able to find evidence from numerous sources that include police reports, witness statements, and inspections of vehicles. A skilled lawyer should not depend solely on police reports however, because these documents are usually not sufficient for civil litigation purposes. Police officers aren't always equipped to conduct an investigation properly and may not gather all the evidence needed for a lawsuit.

Other kinds of data include logbook entries maintenance and service records for the truck as well as data from the event data recorder (also called a black box) and more. A skilled attorney will ask the driver of the truck and the trucking company for these and other types of evidence and then carefully examine them to determine the root of the accident.

Expert Witnesses

A expert witness for a truck accident could help your attorney prove different elements of the case. https://vimeo.com/707300208 , for example, can prove to your lawyer that the crash caused your injuries. Your expert will also testify on how your injuries affect your quality of life in the future. Expert witnesses can assist your lawyer assess the damages like lost income and future earning capacity.

Your doctor can look over physical evidence and discuss the consequences of your injury on your future. An expert in medicine, for example, can explain how your accident may affect your physical and mental health. Another type of expert is a metallurgist, who can examine the reasons why a part of a car failed. Experts can determine if the weather played a role in the crash.

The primary role of an expert witness is to analyze the evidence and provide an unbiased opinion. Some expert witnesses may be a liability in your case when their opinions are biased or if they have ties to the defendants. Your attorney can perform a background check to find these risks and ensure you have the best expert witnesses on your side.

Your attorney will conduct an interview with you, as well as any other eyewitnesses who witnessed the accident prior to it taking place. It is important to keep in mind that the defendants' insurance companies will try to convince you to admit guilt or to make claims they can twist or distort to diminish your case.

Litigation

Like any other driver truck drivers also have a duty to obey traffic laws and to use reasonable care while driving. If they do not follow the rules and their carelessness causes an accident, they could be held liable for the accident damages that victims are left with.

To prove the defendant's negligence, our lawyer will gather variety of evidence from eyewitnesses who witnessed the crash and provide written or oral testimony about the circumstances of the collision. Our team will also review a wide range of other evidence, like skid marks and points of impact, and conduct crash tests.

Sometimes, the cause of an accident involving a truck is complex and involves multiple parties. For instance, if a truck crash was caused by defective equipment or poor maintenance, we could sue the manufacturers of that equipment or the trucks themselves. We might also claim against the mechanic who did the repairs or the repair shop.

We will try to resolve your case outside of court, however in the event that the trucking company, or its insurer is unable to accept an appropriate settlement offer then we will prepare for trial. During the trial in court, a jury or judge will rule on disputed issues like who was responsible for the accident and the amount of compensation you must receive. Your legal damages will be determined according to the total of your losses. This includes financial, physical, and emotional suffering.

Statute of limitations

Understanding how these cases typically go about their business can help you prepare for what is to come and provide you with an idea of the time it might take to settle your case.

Establishing liability is one of the most important steps. It is probable that a driver who was drunk, distracted, or otherwise impaired will be held responsible for the damages you have suffered. However, there could be other parties equally responsible. If the crash was caused by faulty repairs or a mechanic, then a company that manufactured the truck or its components could be held accountable according to the legal theory of respondeat superior.

It's also possible that the liable party was guilty of a more serious reckless act, which might entitle you to punitive damages. To be able to prove this, you need to establish that the liable party acted with reckless disregard of your safety or that of others.

It is essential to work with an attorney who understands the complexities involved in truck accidents. Insurance companies and attorneys representing the parties at fault are often wolves in sheep's clothing and will try to collect statements from you which they can use against you later. By having an attorney manage all communications, you will avoid these pitfalls.