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 harm.
Your attorney will issue a Summons and Complaint to all the parties responsible. This process could take many years. Your lawyer can assist you determine whether any shared responsibility been properly assessed and allocated.
Investigations
If someone is injured in a truck accident there is more at stake than in an auto accident. A truck accident could result in life-altering consequences. The consequences are more complex due to the size and weight. These accidents also involve more intricate investigation.
To protect their interests the trucking companies and insurance companies will usually conduct their investigations immediately after an accident. The issue is that the injured are left to handle their injuries, and aren't being able to gather evidence. This puts them at a disadvantage comparison to the trucking company or insurance provider.
A skilled attorney for truck accidents will seek evidence from various sources, including police reports, witness statements and vehicle inspections. A skilled lawyer should not depend solely on police reports however, because these documents are often inadequate for civil litigation. Police officers are not trained to conduct an effective investigation and might fail to gather all of the evidence required for an action.
Other kinds of data could include logbook entries and maintenance and service records from the truck. https://vimeo.com/707172174 from the event data recording device (also called a black box) is also available. An experienced attorney will seek these and other forms of evidence from the truck driver and trucking company, and then analyze them to determine what caused the accident.
Expert Witnesses
A expert witness from a truck accident can aid your lawyer in proving various elements of the case. A medical expert, for example, can give evidence to your lawyer that the crash caused your injuries. Experts can also testify on how your injuries affect your future quality of life. Expert witnesses can also assist your lawyer assess the value of your damages, which could include lost income and loss of earning capacity in the future.
Your expert can review the physical evidence and explain how your injuries will impact your future. For example medical experts can demonstrate how your accident can affect you in terms of mental and physical well-being. Another type of expert is a metallurgist, who can identify the reason a part of a vehicle failed. Experts can determine if weather played a part in the crash.
Your expert's role is to provide an impartial and impartial opinion after having analyzed the evidence. However, some expert witnesses could be a liability risk for your case if they are biased or have connections to the defendants' companies. Your attorney can perform an investigation into the background of the expert witness to determine any potential risks.
Your lawyer will interview you, as well as any other eyewitnesses who witnessed the incident before it occurred. You should be aware that the insurance companies of the defendants will try to get your to acknowledge your responsibility or provide statements that they can twist and change to make your case more difficult.
Litigation
Truck drivers are also required to observe traffic laws and use reasonable care when driving. If they do not fulfill this duty and their negligence leads to a crash, they could be held accountable for injuries incurred by those who were injured in the crash.
Our attorney will collect evidence from eyewitnesses and obtain either oral or written evidence to prove the defendant was negligent. Our team will also study the various other evidence, including skid marks and areas of collision, and conduct crash tests.
Sometimes, the reason for an accident involving a truck is complex and involves multiple parties. If the accident was caused by defective equipment, or improper maintenance, then we could sue the manufacturers or the truck. We might also bring a lawsuit against the mechanic that performed the repairs or the repair shop.
We will attempt to resolve your case outside of court, however should the trucking company or its insurer refuses to accept an acceptable settlement offer and we prepare for trial. In trial where a judge or jury will decide on issues that are disputed such as who was responsible and what compensation you'll receive. Your legal damages will be calculated based on the total of your losses, including financial, physical and emotional pain.
Statute of limitations
Although navigating the legal system after a truck accident can be complicated, understanding the typical procedure for these cases will help you understand the future and give you a better sense of the length of time your case might take.
Establishing liability is one of the most important steps. If an truck driver was sleepy or distracted, as an example then it is likely that they will be held responsible for your damages. There could be other parties as well. If the crash was the result of poor repairs or a mechanic, then a company that made the truck or its components could be held liable in the context of the law governing respondeat superior.
It is also possible that the liable party may have committed a more serious risky act, which might entitle you to punitive damages. To establish this, we have to prove that the responsible party acted recklessly to 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 attorneys for the at-fault party are often the wolves in sheepskins who try to get you to give statements which they later use against you. By having an attorney handle all communications, you will avoid these pitfalls.