The Process of a Truck Accident Lawsuit
Many truck accidents result in victims suffering severe and lifelong injuries. These can result in significant medical costs, lost wages and psychological harm.
Your attorney will issue a Summons & Complaint to all parties that are responsible. This process can take several years. Since New York uses comparative fault rules, your lawyer will ensure that any shared responsibility is correctly determined and assigned to defendants.
Investigations
A truck crash could be more serious than an auto crash. A truck accident could result in life-changing effects. The impact is also more complex because of the size and weight. These accidents also require more intricate investigation.
As a result, insurance companies and trucking companies often conduct investigations right after an accident to safeguard their interests. The victims are left to deal only with their injuries and are not able to gather evidence. This puts them at a disadvantage comparison to the trucking company and insurance provider.
A truck accident lawyer who has experience will look for evidence from a variety of sources, including witness testimony, police reports, and vehicle inspections. A seasoned lawyer won't only rely on police reports, however, because these documents are not always sufficient for civil litigation. Police officers aren't properly trained to conduct an effective investigation, and they may fail to gather all the evidence needed to support the filing of a lawsuit.
Other kinds of data include logbook entries, maintenance and service records for the truck and other equipment, data from the event data recorder (also known as a black box), and more. A competent attorney will demand these and other forms of evidence from the truck driver and trucking firm, and then thoroughly analyze the evidence to determine what led to the accident.
Expert Witnesses
A truck accident expert witness can aid your lawyer in proving different aspects of the case. A medical expert could, for instance, give evidence to your attorney that the accident resulted in your injuries. Your expert can also testify as to how your injuries will impact your life in the future. Expert witnesses can help your lawyer assess the damages including lost income and 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 will explain how the accident can impact your physical and mental health. sacramento truck accident attorney of expert is a metallurgist who will examine the reasons why a part of a car failed. There are experts who can determine if the weather was a factor in the crash.
The role of an expert witness is to provide an impartial and objective opinion after having examined the evidence. Expert witnesses can be a liability to your case if their opinions are biased or they have ties with the defendants. Your lawyer can conduct a background check on the expert witness in order to identify any potential risks.
Your lawyer will interview you, as well as any other eyewitnesses that witnessed the accident prior to it taking place. Be aware that the insurance companies of the defendants will attempt to convince you to admit your fault or make statements that they can twist and change to weaken your case.
Litigation
Truck drivers are also required to observe traffic laws and use reasonable care when driving. If they fail to fulfill this duty and their negligence results in an accident, they could be held accountable for the damage to the victims of that collision.
Our lawyer will collect evidence from eyewitnesses and seek oral or written testimony to prove the defendant was negligent. Our team will also examine a wide range of other evidence, such as skid marks or points of impact, and conduct crash tests.
Sometimes the reason for an accident on the road is complicated with multiple parties. For example, if the truck crash was caused by defective equipment or inadequate maintenance, we could seek to sue the producers of that equipment or the trucks themselves. We might also sue the mechanic or repair shop responsible for performing the repairs.
We will attempt to resolve your dispute outside of court. If, however, the trucking firm or its insurer is unwilling to accept an equitable settlement or offer, we'll prepare to go to trial. During the trial, a judge or jury will rule on disputed issues such as who was responsible for the accident and what amount of compensation you must receive. The total amount of your legal damages will be determined based on the losses you have documented that include financial, physical, and emotional suffering.
Statute of Limitations
Understanding how these cases usually proceed can help prepare you for what's to come and provide you with an idea of how long it may take to settle your case.
One of the most important steps is establishing the responsibility. It is probable that a driver who was drowsy, distracted, or otherwise impaired will be held responsible for the harm you suffered. However, there could be other parties who are liable as well. If the crash was the result of poor repair and/or a mechanic, then the company that manufactured the truck or its components could be held accountable in the context of the law governing respondeat superior.
It's also possible the person who is responsible did a greater reckless act, which could result in punitive damages. To be able to prove this, we must to prove that the responsible party acted recklessly of your safety or that of others.
It is crucial to choose a lawyer who is familiar with the complexities involved in truck accident cases. Insurance companies and attorneys for at-fault party can be seen as sheepskin wolves and will try to force you to make statements which they later use against you. You can stay clear of these pitfalls by hiring an attorney to handle your communications.