Watch This: How Truck Accident Attorneys Is Gaining Ground, And What You Can Do About It
The Process of a Truck Accident Lawsuit
Truck accidents can result in severe and permanent injuries. These can lead to significant medical costs, lost wages and psychological harm.
Your attorney will make an Summons and Complaint against all liable parties. This process could take a few years. Since New York uses comparative fault rules, your lawyer will ensure that any shared liability is properly assessed and allocated to defendants.
Investigations
When someone is injured in a truck accident there is much more at stake than a car crash. The consequences of a truck accident can be life-changing and the resulting damage is more complicated due to the size and weight of a commercial truck. These accidents also require more complex investigations.
To protect their interests the trucking companies and insurance companies often conduct their investigations immediately after a crash. The problem is that victims are left to take care of their injuries and are not capable of obtaining evidence. This puts them at a disadvantage in comparison to the trucking company or insurance companies.
A lawyer for truck accidents with experience will search for evidence in a variety of sources, including police reports, witness testimony and vehicle inspections. A lawyer with experience does not rely on the reports of police officers alone, as they are often insufficient for civil litigation. Police officers aren't taught to conduct an effective investigation and might not be able to gather all the evidence needed for the filing of a lawsuit.
Other types of records include logbook data, maintenance and service records for the truck as well as data from the event data recorder (also called a black box) and many more. A competent attorney will ask the driver of the truck and the trucking company for these and other forms of evidence, and then look over them to determine causes of the accident.
Expert Witnesses
An expert witness can aid your lawyer establish the various aspects of your truck accident case. A medical expert could, for instance, give evidence to your attorney that the accident resulted in your injuries. Experts can also testify about how your injuries will affect your future quality-of-life. Expert witnesses can help your lawyer assess the value of your losses, including lost income and loss of future earning capacity.
A medical professional can examine physical evidence and explain the impact of your injury on your future. For instance, a medical expert will explain how the accident will impact your mental and physical well-being. Another kind of expert is a metallurgist, who can identify the reason a part of a vehicle failed. There are experts who can determine if weather was the cause of the crash.
The primary function of your expert is to evaluate the evidence and offer an objective opinion. However, certain expert witnesses can become an issue in your case if they are biased or have connections to the defendants' companies. Your attorney can perform an investigation into their background to determine these risks and ensure you have the most qualified expert witnesses available.
Apart from expert witnesses, your lawyer will also question you and other eyewitnesses, such as people who saw the crash occurring before it happened. You should be aware that the insurance companies of the defendants will attempt to convince you to admit guilt or give statements that they can twist and deform to make it appear as though they are trying to undermine your case.
Litigation
Just like other drivers truck drivers are also required to obey traffic laws. duty to obey traffic laws and to take reasonable care while driving. If they fail in this duty and their carelessness causes an accident, they could be held accountable for the accident damages suffered by the victims of that crash.
To show the defendant's negligence our lawyer will gather a number of eyewitnesses who witnessed the crash and give either oral or written testimony regarding how the collision occurred. Our team will also examine a wide range of other evidence, including skid marks and areas of impact, and will conduct crash tests.
Sometimes, the reason for the truck crash is complex and involves multiple parties. If the truck accident was caused by defective equipment or improper maintenance, we could sue the manufacturer or the trucks. We could also sue the mechanic who made the repairs or the repair shop.
We will attempt to resolve your dispute outside of the courtroom. However, if the trucking firm or its insurer is unwilling to accept an equitable settlement and we are unable to reach a fair settlement, we will go to trial. In the trial the judge or jury will decide on disputed issues such as who is at fault and how much compensation you'll receive. Your legal damages will be calculated according to the total of your losses, which include financial, physical and emotional pain.
Statute of limitations
While navigating the legal process after a truck accident can be complex, understanding the typical procedure for these cases will help you anticipate what's to come and provide you with a better understanding of the length of time your case may take.
Establishing liability is one of the most crucial steps. It is possible that a trucker who was drunk, distracted, or otherwise impaired will be held accountable for the damage you suffered. There may be other parties that are equally responsible. If the crash was the result of poor repairs and/or a mechanic, then the company that manufactured the truck or its components could be held responsible in the context of the law governing respondeat superior.
You could also be entitled to damages for punitive acts if the responsible person committed an act of recklessness that was more acrimonious. In lees summit truck wreck lawyer to prove this, you must prove that they acted in a willful and wanton manner with a disregard for your safety as well as that of others.
It is essential to work with an attorney who is familiar with the complexities of truck accidents. Insurance firms and attorneys for the at-fault parties are often wolves in sheepskins and will attempt to convince you to sign statements that they later use against you. If you hire an attorney to handle all communications, you will stay clear of these traps.