The Process of a Truck Accident Lawsuit
Truck accidents can cause severe and permanent injuries. These accidents can result in massive medical expenses, loss of income, and psychological injuries.
Your attorney will file an Summons and Complaint against all liable parties. This process could take many years. Since New York uses comparative fault rules, your lawyer can ensure that any shared liability is properly assessed and allocated to defendants.
Investigations
If someone is injured in a collision with a truck there is much more at stake than in an auto collision. A truck crash can have devastating consequences for the person. The consequences are more complex due to the size and weight. These accidents also require more complex investigations.
Because of this, insurance companies and trucking firms often conduct their own investigations immediately following the incident to protect their interests. The victims are left to deal only with their injuries, and are unable to collect evidence. This puts them at a disadvantage in comparison to the trucking company and insurance companies.
A seasoned truck accident attorney knows to look for evidence from many sources, including police reports, witness statements and inspections of vehicles. A lawyer who is well-informed will not rely on reports from the police as they can be not sufficient for civil litigation. Police officers may not be trained to conduct an investigation properly and they may not be able to gather all the evidence required for an action.
Other kinds of data could include logbook records, maintenance and service records from the truck. Data from the device for recording events (also known as the 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 the cause of the accident.
Expert Witnesses
An expert witness can assist your lawyer to prove different elements of your truck accident case. For example medical experts can prove to your lawyer that the crash resulted in your injuries. Your expert can also testify about how your injuries will impact your life-style and quality of living. Expert witnesses can assist your lawyer determine the value of your damages, which could include lost income and loss of earning capacity in the future.
Experts can review physical evidence and discuss the consequences of your injury on your future. For instance medical experts can explain how your accident will affect you in terms of mental and physical well-being. A metallurgist is another type of expert who will analyze the reasons why a vehicle component failed. Experts can determine whether the weather was a factor in the crash.
The primary role of an expert witness is to examine the evidence and offer an impartial opinion. However, certain experts can be a liability risk in your case if they are biased or have ties to the defendants' companies. Your lawyer can conduct an investigation into the background of the expert witness to find out any risks that could be present.
Your lawyer will interview you, as well as any other eyewitnesses who saw the incident before it occurred. You should be aware that the insurance companies of the defendants will attempt to convince you to admit fault or give statements that they can twist and deform to weaken your case.
Litigation
As with all drivers, truck drivers have a obligation to follow traffic laws and take reasonable care when they travel. If they do not comply and their carelessness causes an accident, then they could be held accountable for the damage that the victims are liable for.
Our lawyer will obtain evidence from eyewitnesses and seek written or oral testimony to prove that 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 truck accident was caused by defective equipment or maintenance that was not done properly, we could sue the manufacturers or the trucks. We might also claim against the mechanic who did the repairs or the repair shop.
We will attempt to settle your dispute out of court, but if the trucking company or its insurer refuses to make a fair settlement offer and we prepare for trial. During a trial the judge or jury will decide on issues that are disputed such as who was responsible and what compensation you'll receive. The amount of your legal damages will be based on the losses you have documented, which include physical, financial and emotional suffering.
Statute of Limitations
While the legal process following a crash with a truck can be complicated, understanding how these cases usually go will help you understand what's to come and provide you with a better understanding of how long your case could take.
One of the most crucial actions is to establish liability. If the truck driver was drunk or distracted, as an example the chances are that they'll be held accountable for the damages you suffered. However, there may be other parties also liable. For instance, if the accident occurred due to poor repairs for instance, a mechanic who performed the work or a company that made the truck or its parts could be held liable in the legal concept of respondeat superior.
It is also possible that the person who is responsible committed a more severe risky act, which might entitle you to punitive damages. To determine this, we must prove that they acted in a willful and wanton manner, with no regard for your safety as well as that of others.
It is essential to work with an attorney who is knowledgeable with the complexities involved in truck accident cases. citrus heights truck accident lawyer and lawyers representing the parties at fault are frequently as wolves in sheep's clothes and will try to get statements from you that they can use against you later. By having an attorney handle all communications, you will avoid these traps.