The Process of a Truck Accident Lawsuit

Many truck accidents cause victims to suffer serious and lifelong injuries. They can result in substantial medical expenses as well as psychological trauma.

Your attorney will prepare a Summons and Complaint against all liable parties. This process could take a few years. Since New York uses comparative fault rules, your lawyer can ensure that any shared responsibility is correctly evaluated and distributed to defendants.

Investigations

When someone is injured in a truck accident there is more at stake than a car crash. A truck accident could have life-changing consequences. The impact is also more complex because of the weight and size. These accidents also require more complex investigation.

As a result, insurance companies and trucking companies often conduct their own investigations right after the incident to protect their interests. The issue is that the victims are left to manage their injuries and aren't capable of obtaining evidence. This puts them at a disadvantage comparison to the trucking company and insurance provider.

A seasoned truck accident attorney can find evidence from many sources which include police reports witness statements and inspections of vehicles. A lawyer with experience is not relying on only police reports as they can be not sufficient for civil litigation. Police officers aren't properly trained to conduct a proper investigation, and they may fail to gather all of the evidence required for a lawsuit.

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

Expert Witnesses

An expert witness can aid your attorney prove various elements of your truck accident case. For example an expert in medicine can provide evidence that the crash resulted in your injuries. Experts can also testify regarding how your injuries could affect your quality of life in the future. Expert witnesses can assist your lawyer calculate the value of your injuries, which includes lost income and loss of earning capacity in the future.

Your expert can review physical evidence and explain the impact of your injury on your future. Medical experts is a good example. They can explain how your accident might 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. There are also experts who determine if the weather could be a factor in the crash.

Your expert's responsibility is to give an impartial and objective opinion after examining the evidence. Some expert witnesses may be a liability in your case when their opinions are biased or they have ties with the defendants. Your attorney can use an identity check to identify these risks and ensure you have the best expert witnesses on your side.

Your attorney will interview you, as well as any other eyewitnesses who saw the incident before it occurred. Be aware that the insurance companies of the defendants will try to convince you to admit your fault or provide statements that they can twist and change to weaken your case.

Litigation

As with all drivers truck drivers also have a obligation to follow traffic laws and to use reasonable care on the road. If they do not follow the rules and their carelessness causes an accident, then they could be held liable for the accident damages that victims are liable for.

Our lawyer will gather evidence from eyewitnesses, and get written or oral testimony to prove that the defendant was negligent. Our team will also review various other evidence, including skid marks and points of impact, as well as conduct crash tests.

Sometimes, the reason for an accident involving a truck can be complex and involves multiple parties. If the truck crash was caused by defective equipment or maintenance that was not done properly, we could sue the manufacturer or the trucks. We might also sue the repair shop or mechanic who performed the repairs.

We will try to resolve your dispute outside of court. If, however, the trucking firm or its insurer is unwilling to accept a fair settlement, we will prepare to go to trial. In the trial, a jury or judge will decide on the dispute such as who was responsible and what compensation you should receive. The total of your legal damages will be determined based on the losses you have documented, which include physical, financial and emotional pain.

Statute of limitations

Knowing how these cases typically take place can help you prepare for what's to come and provide you with an idea of how long it may take to resolve your case.

The process of establishing liability is among the most crucial steps. It is probable that a driver who was drunk, distracted, or otherwise impaired will be held responsible for the damage you suffered. However, there might be other parties also liable. If the accident was the result of poor repairs and/or a mechanic, then the company that manufactured the truck or its components could be held accountable under the legal theory respondeat superior.

You could also be entitled to damages for punitive if the guilty person acted in a manner of recklessness that was a lot more serious. In order to prove this, you must establish that they acted in a willful and wanton way, and with a disregard for your safety and that of others.

It is essential to work with an attorney who is experienced with the complexities of truck accident cases. https://vimeo.com/707133885 and attorneys representing the parties at fault are frequently the wolves in sheep's clothing who will attempt to obtain statements from you that they could use against you later. By having an attorney handle all communications, it is possible to avoid these pitfalls.