The Process of a Truck Accident Lawsuit
Many accidents involving trucks cause severe and lifelong injuries. These accidents can cause massive medical expenses, loss of income, and psychological damage.
Your attorney will issue a Summons and Complaint to the parties who are liable. This process could take many years. Since New York uses comparative fault rules, your lawyer can ensure that any shared liability is properly determined and assigned to defendants.
Investigations
A truck accident could be more serious than an auto accident. A truck accident can have devastating consequences for the person. The impact is more complex because of the weight and size. These accidents also require more intricate investigations.
Due to this, insurance companies and trucking companies frequently conduct their own investigations right after 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 leaves them at a disadvantage compared to the insurance provider and trucking company.
A seasoned truck accident attorney can find evidence from a variety of sources, including police reports, witness statements and inspections of vehicles. A lawyer who is experienced does not rely on the reports of police officers alone, as they are often not sufficient for civil litigation. Police officers aren't taught to conduct an appropriate investigation and may not gather all the evidence required for the filing of a lawsuit.
Other types of information may 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. A competent attorney will ask the driver of the truck and the trucking company for these types and other types of evidence, and then analyze them to determine the cause of the accident.
Expert Witnesses
An expert witness can aid your lawyer establish the various aspects of your truck accident case. gulfport truck accident attorney in medicine for instance, can provide proof to your lawyer that the accident caused your injuries. Your expert will also testify on how your injuries will affect your future quality of life. Expert witnesses can help your lawyer determine the extent of your injuries, such as lost income and your future earning capacity.
Your expert can review the physical evidence and explain how your injury will impact your future. For instance medical experts can show how your accident will impact your physical and mental well-being. A metallurgist, for instance, is another kind of expert who will analyze the reasons why a car component failed. There are also experts who can analyze how the weather may have contributed to the crash.
The primary role of an expert witness is to analyze the evidence and give an objective and impartial opinion. However, some experts can be a liability risk in your case if they're biased or have connections to the defendants' companies. Your lawyer can conduct a background check on the expert witness to determine any risks that could be present.
Your attorney will conduct an interview with you, as well as any other eyewitnesses who witnessed the accident before it happened. Be aware that the insurance companies of the defendants will attempt to get your to admit guilt or make statements that they can twist and deform to reduce your chances of winning.
Litigation
Truck drivers are also required to follow traffic laws and use reasonable care when driving. If they fail to comply with these rules and their negligence causes an accident, then they could be held liable for the injuries that the victims are liable for.
Our lawyer will obtain evidence from eyewitnesses and obtain written or oral testimony to prove the defendant was negligent. Our team will also review an array of other evidences, including skid marks and points of impact, as well as conduct crash tests.
Sometimes, the cause of an accident involving a truck is complex and involves multiple parties. For instance, if a truck crash was caused by defective equipment or improper maintenance, we may be able to sue the makers of that equipment or the trucks themselves. We could also sue the repair shop or mechanic responsible for the repairs.
We will attempt to settle your case outside of court, but if the trucking company or its insurer is unable to make an appropriate settlement offer then we will prepare for trial. In a trial in which a judge or jury will decide on issues that are disputed such as who was responsible and how much compensation you should get. Your legal damages will be calculated by the sum of your losses. This includes physical, financial, and emotional pain.
Statute of Limitations
While the legal process after a truck accident can be confusing, knowing the typical procedure for these cases can help you plan for what's ahead and give you a better sense of the length of time your case may take.
Liability is one of the most crucial steps. If the truck driver was tired or distracted, for example it is likely that they'll be held accountable for your damages. There could be other parties also accountable. For instance, if a crash resulted from poor repairs for instance, a mechanic who performed the work or a company which made the truck or its components could be held accountable according to the legal doctrine of respondeat superior.
You may also be entitled to punitive damages if the responsible party acted with recklessness that was a lot more serious. To be able to prove this, we must to establish that the liable party acted with reckless disregard to your safety, or that of others.
It's important to work with an attorney who understands the complexities of truck accidents. Insurance companies and attorneys for the at-fault parties are often wolves in sheepskins and will try to force you to sign documents that they can later use against you. By having an attorney handle all communications, it is possible to avoid these pitfalls.