The Process of a Truck Accident Lawsuit
Many truck accidents leave victims with severe and lifelong injuries. These accidents can cause massive medical expenses, loss of income and psychological traumas.
Your lawyer will issue a Summons & Complaint to the parties who are liable. The process could last for several years. Because New York uses comparative fault rules, your lawyer will ensure that any shared liability is properly determined and assigned to defendants.
Investigations
When someone is injured in a collision with a truck there is more at stake than in an auto collision. The consequences of a truck accident could be catastrophic and the impact is more complex due to the size and weight of commercial trucks. These accidents also require more complex investigation.
To protect their interests in the event of a crash, trucking firms or insurance companies will usually conduct their investigations as soon as they are aware of the accident. The victims are left to deal with their injuries and are not able to gather evidence. This puts them at a disadvantage in comparison to the trucking company and insurance provider.
A lawyer for truck accidents who is experienced will look for evidence in a variety sources, such as police reports, witness testimony, and vehicle inspections. A seasoned lawyer won't rely solely on police reports however, as these documents are not always sufficient for civil litigation. Police officers aren't always properly trained to conduct an investigation properly and may not gather all the evidence needed for a lawsuit.
Other types of information include logbook records, maintenance and service records for the truck as well as data from the event data recorder (also known as a black box) and many more. springfield truck wreck lawyer will seek these as well as other types of evidence from the truck driver and the trucking company and carefully examine them to determine the cause of the accident.
Expert Witnesses
An expert witness can help your lawyer to prove different elements of your truck accident case. Medical experts, for example, can prove to your lawyer that the crash caused your injuries. Your expert can also testify on the impact your injuries could have on your life in the future. Expert witnesses can assist your lawyer determine the extent of your injuries, such as lost income and future earning capacity.
Your doctor can look over physical evidence and explain the impact of your injury on your future. A medical expert for instance, can explain how the accident could affect your physical and mental health. A metallurgist is a different kind of expert who will analyze the causes behind why a component failed. There are experts who can determine if the weather was the cause of the crash.
The primary role of your expert is to review the evidence and give an objective opinion. However, some expert witnesses could be a liability risk for your case if they are biased or have connections to the defendant's companies. Your attorney can perform an identity check to identify the risks and ensure that you have the best experts in your case.
Your lawyer will question you, along with any other eyewitnesses who saw the accident prior to it taking place. It is important to remember that the defendants' insurance companies will try to get you to admit fault or to make claims they can twist and alter to deny your claim.
Litigation
Like any other driver, truck drivers have a duty to obey traffic laws and to take reasonable care while driving. If they do not comply and their negligence results in a crash, they could be held responsible for the damages caused by the accident victims are left with.
Our lawyer will gather evidence from eyewitnesses and obtain oral or written testimony to prove that the defendant was negligent. Our team will also examine other evidence like skidmarks as well as points of impact. We will also conduct crash testing.
Sometimes, the cause of an accident involving a truck is complex and involves multiple parties. If the accident was caused by defective equipment or improper maintenance, then we could sue the manufacturers or the truck. We could also bring a lawsuit against the mechanic that performed the repairs or the repair shop.
We will try to resolve your case out of court, but in the event that the trucking company, or its insurance company refuses to accept an equitable settlement offer then we will prepare for trial. During trial in which a judge or jury will decide on disputed issues like who was the culprit and how much compensation you'll receive. The total of your legal damages will be determined based on your documented losses, which include financial, physical, and emotional pain.
Statute of Limitations
Understanding how these cases normally proceed can help prepare you for what's to come and give you an idea of how long it may take to settle your case.
Finding out who is responsible is one of the most crucial steps. If a truck driver was drowsy or distracted, for example the chances are that they'll be held accountable for the damages. There could be other parties also liable. If the crash was caused by poor repairs and/or a mechanic, then the company that manufactured the truck or its components could be held responsible under the legal theory of respondeat superior.
It's also possible that the responsible party has may have committed a more serious reckless act, which could be grounds for you to receive punitive damages. To be able to prove this, we must to prove that the liable party acted recklessly for your safety or the safety of others.
It is essential to work with an attorney who is familiar with the complexities involved in truck accident cases. Insurance companies and lawyers representing the parties at fault are frequently sheep in sheep's clothes and will try to obtain information from you which they can use against you in the future. By having an attorney handle all communications, it is possible to stay clear of these traps.