The Process of a Truck Accident Lawsuit
Truck accidents can result in severe and permanent injuries. They can cause significant medical expenses as well as psychological trauma.
Your attorney will issue a Summons and Complaint to all the parties responsible. This process can take several years. Since New York uses comparative fault rules, your lawyer can ensure that any shared responsibility is properly assessed and allocated to defendants.
Investigations
If someone is injured in a truck crash, there is a lot more at stake than a car crash. A truck accident could have life-changing effects. The consequences are more complex due to the size and weight. These accidents also require more complex investigations.
To protect their interests trucking companies or insurance companies usually conduct their investigations immediately after a crash. The victims are left to deal with their injuries and are not able to gather evidence. livermore truck accident lawyer puts the injured at a disadvantage to the insurance provider and trucking company.
A truck accident lawyer with experience will search for evidence in a variety of sources, such as witness testimony, police reports and inspections of vehicles. A seasoned lawyer won't depend solely on police reports however, as these reports are usually not sufficient for civil litigation purposes. Police officers may not be properly trained to conduct an investigation correctly and may not collect all the evidence required to support the court case.
Other types of information may include logbook and maintenance records and service records from the truck. The data from the event data recording device (also known as the black box) is also available. A competent attorney will demand these as well as other types of evidence from the truck driver and trucking company and then carefully analyze the evidence to determine what led to the accident.
Expert Witnesses
A truck accident expert witness can aid your lawyer in proving various aspects of the case. For instance, a medical expert can give your lawyer proof that the crash resulted in your injuries. Your expert can also testify on how your injuries will affect your life's quality of living in the future. Expert witnesses can help your lawyer determine your damages like lost income and your future earning capacity.
A medical professional can analyze the physical evidence and explain how your injuries will impact your future. For instance an expert in medical science can explain how your accident will impact you in terms of mental and physical well-being. A metallurgist is another type of expert who will analyze the reasons why a car component failed. There are also experts who examine the way in which weather conditions could have contributed to the crash.
Your expert's responsibility is to offer an honest and objective opinion after examining the evidence. Some expert witnesses may be a liability to your case if their opinions are biased or they have connections to the defendants. Your lawyer can conduct a background check to identify these risks and make sure that you have the top expert witnesses on your side.
Your attorney will conduct an interview with you, along with any other eyewitnesses who witnessed the accident before it happened. You should be aware that the insurance companies of the defendants will attempt to convince you to admit your fault or give statements that they can twist and alter to make it appear as though they are trying to undermine your case.
Litigation
Truck drivers are also required to observe traffic laws and use reasonable care when driving. If they do not fulfill this obligation and their carelessness causes a crash, they could be held liable for the damage to the victims of the crash.
Our lawyer will collect evidence from eyewitnesses and seek written or oral evidence to prove the defendant was negligent. Our team will also examine other evidence, such as skidmarks and points of impact and conduct crash testing.
Sometimes, the cause of an accident involving a truck can be complex and involves multiple parties. For instance, if the truck crash was caused by defective equipment or inadequate maintenance, we could sue the manufacturers of that equipment or the trucks themselves. We might also sue the mechanic or repair shop who performed the repairs.
We will attempt to resolve your case without going to court. If, however, the trucking company or its insurer refuses a fair settlement or offer, we'll prepare to go to trial. During the trial the jury or judge will decide on the merits of the dispute such as who was responsible for the crash and what amount of compensation you should receive. The total amount of your legal damages will be based on your documented losses, which comprise financial, physical and emotional pain.
Statute of limitations
While navigating the legal process following a crash with a truck can be confusing, knowing the typical procedure for these cases will help you anticipate what is ahead and provide you with a better understanding of the length of time your case might take.
Finding out who is responsible is one of the most important steps. If the truck driver was tired or distracted, as an example it is likely that they'll be held accountable for your losses. There could be other parties also accountable. If the accident was the result of poor repair, then a mechanic or company that manufactured the truck or its components could be held responsible according to the legal theory of respondeat superior.
It's also possible the accountable party committed a more severe act of recklessness, which might entitle you to punitive damages. In order to prove this, you must prove that they acted in a reckless and impulsive way, and with a disregard for your safety and the safety of others.
It is vital to hire an attorney who is experienced with the complexities involved in truck accident cases. Insurance companies and lawyers for the at-fault party can be seen as sheepskin wolves and will attempt to convince you to sign documents that they later use against you. You can steer clear of these pitfalls by hiring an attorney to handle your communications.