The Process of a Truck Accident Lawsuit
Truck accidents can cause severe and permanent injuries. These can result in significant medical costs, lost wages and psychological damage.
Your lawyer will make a Summons and Complaint against all parties liable. This process could take many years. Because New York uses comparative fault rules, your lawyer will ensure that any shared responsibility is properly assessed and allocated to defendants.
Investigations
A truck accident can be more serious than an auto accident. The effects of a crash involving a truck can be life-changing and the resulting damage is more complex due to the size and weight of commercial trucks. These accidents also require more sophisticated investigations.
As a result, insurance companies and trucking firms frequently conduct their own investigation immediately following an accident to protect their interests. 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 truck accident lawyer who has experience will look for evidence in a variety sources, including police reports, witness testimony, and inspections of vehicles. A seasoned attorney will not only rely on police reports however, as these reports are usually not sufficient for civil litigation purposes. Police officers might not be properly trained to conduct an investigation properly and may not gather all the evidence needed to file a lawsuit.
Other types of records include logbook data 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 the trucking company and then carefully analyze the evidence to determine what led to the accident.
Expert Witnesses
An expert witness can help your lawyer prove the various elements of your truck accident case. For instance an expert in medical science will provide your lawyer with evidence that the crash resulted in your injuries. Your expert can also testify about the impact your injuries will have on your future quality-of-life. Expert witnesses can also help your lawyer assess the value of your damages, including lost income and loss of future earning capacity.
Experts can review physical evidence and explain the impact of your injury on your future. For example medical experts will explain how the accident will impact your physical and mental health. Another kind of expert is a metallurgist, who can analyze why a vehicle part failed. There are also experts who can determine if the weather could have contributed to the crash.
A key role of an expert witness is to examine the evidence and give an impartial opinion. However, some expert witnesses can become a liability risk in your case if they're biased or have ties to the defendant's companies. Your lawyer can conduct an investigation of the background of the expert witness to determine any risks that could be present.
Aside from experts, your lawyer will also interview you and other eyewitnesses, such as witnesses who witnessed the crash take place before it occurred. You should be aware that the insurance companies of the defendants will attempt to get your to admit guilt or give statements that they can twist and change to reduce your chances of winning.
Litigation
Truck drivers are also required to observe traffic laws and operate with reasonable care. If they do not comply with this duty and their carelessness causes an accident, they could be held accountable for damage to the victims of the collision.
Our lawyer will obtain evidence from eyewitnesses and seek either oral or written evidence to prove the defendant was negligent. Our team will also review various other evidences, including skid marks and areas of impact, and conduct crash tests.
Sometimes, the cause of an accident involving a truck can be complex and involves multiple parties. For north richland hills truck wreck lawyer , if the truck accident was caused due to defective equipment or insufficient maintenance, we could bring a lawsuit against the manufacturer of the equipment or the trucks themselves. We might also sue the mechanic or repair shop who performed the repairs.
We will endeavor to resolve your dispute outside of court, however should the trucking firm or its insurer refuses to accept an acceptable settlement offer then we will prepare for trial. During the trial the judge or jury will rule on disputed issues such as who was at fault for the accident and what amount of compensation you should receive. The total amount of your legal damages will be determined based on the losses you have documented, which include financial, physical and emotional pain.
Statute of limitations
Knowing how these cases typically take place can help you prepare for the future and provide you with an idea of how long it could take to resolve your case.
Finding out who is responsible is one of the most crucial steps. It is possible that a trucker who was drowsy or distracted or impaired will be held responsible for the harm you suffered. However, there could be other parties equally responsible. For instance, if a crash occurred due to poor repairs for instance, a mechanic who did the work or a company that manufactured the truck or its parts could be held liable according to the legal doctrine of respondeat superior.
You may also be entitled to punitive damages if the responsible party committed an act of recklessness that was a lot more serious. To do this, we must establish that they acted in a reckless and impulsive way, and with a disregard for your safety and that of others.
It is vital to hire an attorney who is knowledgeable with the complexities involved in truck accident cases. Insurance companies and attorneys representing the parties at fault are frequently sheep in sheep's clothes and will try to get statements from you which they can use against you in the future. You can avoid these traps by having an attorney handle your communications.