The Process of a Truck Accident Lawsuit
Many truck accidents leave victims with lifelong and severe injuries. These can lead to significant medical expenses as well as psychological damage.
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 will ensure that any shared responsibility is appropriately defined and allocated to defendants.
Investigations
If someone is injured in a truck crash there is much more at stake than in an auto crash. The effects of a crash involving a truck can be life-altering and the resulting damage is more complicated due to the weight and size of a commercial truck. These accidents also require more sophisticated investigation.
Because of this, insurance companies and trucking firms often conduct investigation immediately following the incident to protect their interests. The problem is that victims are left to take care of their injuries and are not able to collect evidence. This leaves them in a position of disadvantage compared to the insurance company and trucking company.
A truck accident lawyer with experience will search for evidence in various sources, such as witness testimony, police reports, and inspections of vehicles. A lawyer with experience will not rely on the reports of police officers alone because they are usually insufficient for civil litigation. Police officers may not be trained to conduct an investigation properly and may not gather all the evidence needed for the court case.
Other types of information might include logbook records and maintenance and service records from the truck. Data from the device for recording events (also known by the name black box) is also available. A competent attorney will request the driver of the truck and the trucking company for these and other forms of evidence and then carefully examine them to determine the causes of the accident.
Expert Witnesses
A truck accident expert witness can assist your attorney in proving different aspects of the case. For example medical experts can provide evidence that the crash caused your injuries. Experts can also testify as to how your injuries affect your quality of life in the future. Expert witnesses can assist your lawyer assess the damages which include lost income and future earning capacity.
Your expert can review physical evidence and discuss the consequences of your injury on your future. Medical experts for instance, can explain how your accident may affect your physical and mental health. A metallurgist is an additional type of expert who can determine the reasons behind why a vehicle component failed. There are also experts who can analyze how the weather may be a factor in the crash.
Your expert's job is to give an impartial and objective view after analyzing the evidence. Some experts could be a liability for your case when their opinions are skewed or they are associated with the defendants. Your attorney can conduct an investigation into their background to determine the risks and ensure that you have the most qualified experts in your case.
Your attorney will conduct an interview with you, as well as any other eyewitnesses who witnessed 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 make statements they can twist and distort to diminish your case.
Litigation
Like any other driver, truck drivers have a obligation to observe traffic laws and take reasonable care when driving. If they fail to fulfill this duty and their negligence leads to an accident, they could be held accountable for the accident damages suffered by the victims of that collision.
To prove the defendant's negligence, our lawyer will gather a array of evidence from witnesses who witnessed the crash and provide written or oral testimony about the manner in which the collision took place. garden grove truck accident attorney will also review other evidence, such as skidmarks and points of impact, and conduct crash testing.
Sometimes, the reason for the truck crash is complex, involving multiple parties. If the truck accident was caused by defective equipment or maintenance that was not done properly, we could sue the manufacturer or the trucks. We might also sue the repair shop or mechanic responsible for performing the repairs.
We will attempt to resolve your case out of court, however should the trucking company or its insurer refuses to make an appropriate settlement offer, we will prepare for trial. During the trial, a judge or jury will decide on the merits of the dispute such as who was responsible for the crash and what amount of compensation you must receive. The legal damages you receive will be calculated based on the total of your losses. This includes financial, physical, and emotional suffering.
Statute of Limitations
Although the legal process following a truck crash can be complex, understanding the way these cases are handled can help you plan for the future and provide you with a better understanding of how long your case will take.
One of the most important steps is to establish liability. If the truck driver was drunk or distracted, for instance, it is likely they'll be held accountable for your losses. There may be other parties that are as well. For instance, if the accident was caused by poor repairs, for instance, an individual mechanic who did the work or a company which made the truck or its components could be held accountable in the legal concept of respondeat superior.
You may also be entitled to damages for punitive harm if the accountable person acted in a manner of recklessness that was more serious. To establish this, we have to establish that the liable party was reckless of your safety or that of others.
It's important to work with an attorney who understands the complexities involved in truck accidents. Insurance companies and attorneys for at-fault party are often wolves in sheepskins and will try to force you to sign statements which they later use against you. If you hire an attorney to handle all communications, it is possible to avoid these traps.