The Process of a Truck Accident Lawsuit
Truck accidents can result in severe and permanent injuries. They can cause significant medical costs as well as psychological trauma.
Your attorney will issue an Summons and Complaint to all the parties responsible. This process can last several years. Because New York uses comparative fault rules, your lawyer can ensure that any shared responsibility is correctly assessed and allocated to defendants.
Investigations
If someone is injured in a truck accident there is much more at stake than an auto collision. The consequences of a collision with a truck can be devastating and the impact can be more complex due to the weight and size of commercial trucks. These accidents also require more complex investigations.
This is why trucking companies and insurance providers typically conduct their own investigations following a crash to protect their interests. 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 in comparison to the trucking company and insurance company.
A lawyer for truck accidents who is experienced will look for evidence in various sources, including police reports, witness testimony and inspections of vehicles. A lawyer who is experienced does not rely on police reports alone as they can be insufficient for civil litigation. Police officers are not trained to conduct a proper investigation and might not be able to gather all the evidence needed to support an action.
Other kinds of data include logbook entries maintenance and service records for the truck and the event data recorder (also called a black box) and many more. A competent attorney will ask the truck driver and the trucking company for these and other types of evidence and then carefully analyze them to determine the cause of the accident.
Expert Witnesses
A professional witness can help your lawyer establish the various aspects of your truck accident case. A medical professional, for example, can provide proof to your lawyer that the accident caused your injuries. Your expert can also testify as to how your injuries could affect your life-style and quality of living. Expert witnesses can assist your lawyer determine the extent of your injuries including lost income and future earning capacity.
Your expert can review the physical evidence and explain how your injury will impact your future. For example an expert in medical science can show how your accident will affect your mental and physical well-being. Another kind of expert is a metallurgist that can analyze why a vehicle part failed. Experts can determine if weather played a part in the crash.
A key role of an expert witness is to evaluate the evidence and offer an impartial opinion. Certain expert witnesses could be a liability in your case in the event that their opinions are biased or if they have ties to the defendants. Your lawyer can conduct a background check to identify these risks and make sure that you have the best expert witnesses available.
Your lawyer will interview you, as well as any other eyewitnesses that witnessed the incident prior to it happening. It is crucial to remember that the defendants' insurance companies will try to get you to admit fault or to make statements they can twist or distort to deny your claim.
Litigation
Truck drivers are also required to observe traffic laws and take reasonable care when driving. If they do not fulfill this obligation and their negligence leads to a crash, they could be held accountable for accident damages suffered by the victims of that collision.
To demonstrate the defendant's culpability, our lawyer will gather range of evidence from eyewitnesses who witnessed the crash and provide oral or written evidence of how the crash occurred. Our team will also examine the various other evidence, like skid marks and areas of impact, as well as conduct crash tests.
Sometimes the cause of an accident on the road is complicated and involves multiple parties. If the truck crash was caused by defective equipment, or maintenance that was not done properly, we could sue the producers or the truck. We might also bring a lawsuit against the mechanic that performed the repairs or the repair shop.
We will try to settle your case outside of the courtroom. However, if the trucking firm or its insurer does not agree to an equitable settlement then we will prepare to go to trial. In the trial where a judge or jury will decide on the dispute such as who is at fault and the amount of compensation you should receive. The total of your legal damages will be determined based on the losses you have documented that include financial, physical and emotional pain.
Statute of limitations
While the legal process following a crash with a truck can be a bit complicated, knowing the way these cases are handled can help you prepare for the future and give you a better idea of the length of time your case may take.
https://vimeo.com/706823750 of the most important steps is to establish the extent of liability. It is possible that a trucker who was drowsy, distracted, or otherwise impaired will be held accountable for the damage you suffered. There could be other parties that are also accountable. If the crash was caused by faulty repairs or a mechanic, then a company that manufactured the truck or its components could be held responsible according to the legal theory of respondeat superior.
It's also possible that responsible party has did a greater reckless act that could be grounds for you to receive punitive damages. To establish this, we have to establish that the liable party acted with reckless disregard for your safety or the safety of others.
It's crucial to work with an attorney who is experienced with the complexities of truck accident cases. Insurance companies and the attorneys representing the parties at fault are frequently as wolves in sheep's clothes and will attempt to obtain statements from you that they may use against you in the future. By having an attorney manage all communications, you'll stay clear of these traps.