The Process of a Truck Accident Lawsuit
Many accidents involving trucks cause severe and lifelong injuries. These can result in significant medical costs as well as psychological damage.
Your attorney will issue a Summons & Complaint to all parties that are responsible. This process could take a few years. Because New York uses comparative fault rules, your lawyer will ensure that any shared responsibility is appropriately assessed and allocated to defendants.
Investigations
If someone is injured in a truck accident there is more at stake than an auto collision. The consequences of a truck crash can be life-altering and the resulting damage is more complex due to the size and weight of a commercial truck. These accidents also involve more complicated investigations.
Because of this, insurance companies and trucking firms often conduct their own investigation immediately following an accident to protect their interests. The victims are left to deal with their injuries, and they are not able to gather evidence. This puts them at a disadvantage in comparison to the trucking company or insurance companies.
A truck accident lawyer who is skilled will look for evidence in a variety of sources, including witness testimony, police reports and inspections of vehicles. A lawyer who is well-informed cannot rely solely on reports from the police, as they are often insufficient for civil litigation. Police officers may not be equipped to conduct an investigation correctly and may not collect all the evidence required to support an action.
Other types of records include logbook data maintenance and service records for the truck, data from the event data recorder (also called a black box) and many more. A competent attorney will request 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 assist your lawyer prove the various elements of your truck accident case. loveland truck accident lawyer , for example, can provide proof to your lawyer that the accident led to your injuries. Experts can also testify about how your injuries will affect your future quality-of-life. Expert witnesses can also assist your lawyer assess the value of your injuries, which includes lost income and loss of earning capacity in the future.
Your expert can review the physical evidence and explain how your injuries will impact your future. For instance, a medical expert can show how your accident can impact your mental and physical well-being. Another kind of expert is a metallurgist, who can examine the reasons why a part of a car failed. Experts can determine whether the weather was a factor in the crash.
Your expert's responsibility is to give an impartial and objective view after analyzing the evidence. However, certain experts can be risky for your case if they are biased or have connections to the defendant's businesses. Your attorney can conduct a background check to identify these risks and make sure that you have the best expert witnesses available.
Apart from expert witnesses, your attorney will also interview you as well as witnesses, including 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 your fault or make statements which they can twist or alter to make it appear as though they are trying to undermine your case.
Litigation
Truck drivers are also required to obey traffic laws and use reasonable care when driving. If they do not comply and their negligence leads to an accident, then they could be held responsible for the injuries that the victims suffer.
Our lawyer will collect evidence from eyewitnesses and seek written or oral testimony to prove the defendant was negligent. Our team will also study a wide range of other evidences, including skid marks and points of impact, as well as conduct crash tests.
Sometimes the cause of an accident on the road is complicated, involving multiple parties. For example, if the truck accident was caused by defective equipment or poor maintenance, we might seek to sue the producers of that equipment or the trucks themselves. We might also sue the mechanic who made the repairs or the repair shop.
We will try to resolve your dispute outside of the courtroom. However, if the trucking company or its insurance company refuses to negotiate a fair settlement or offer, we'll prepare to go to trial. During the trial the judge or jury will rule on disputed issues like who was at fault for the accident and the amount of compensation you should be awarded. The legal damages you receive will be determined in accordance with the totality of your losses. This includes financial, physical and emotional suffering.
Statute of Limitations
Knowing how these cases typically go about their business can help you prepare for what is to come and give you an idea of how long it could take to settle your case.
One of the most crucial steps is establishing the extent of liability. If a truck driver was drowsy or distracted, for instance then it is likely that they will be held responsible for the damages you suffered. However, there may be other parties who are also liable. For instance, if the accident resulted from poor repairs for instance, a mechanic who performed the work or a business that made the truck or its parts could be held accountable under the legal theory of respondeat superior.
You could also be entitled to damages for punitive acts if the responsible party committed an act of recklessness that was more severe. To determine this, we must establish that they acted in a reckless and reckless way, and with a disregard for your safety as well as that of others.
It is vital to hire an attorney who is familiar with the complexities involved in truck accident cases. Insurance companies and attorneys for at-fault party are usually wolves in sheepskins and will try to force you to sign documents which they later use against you. If you have an attorney handling all communications, you can stay clear of these traps.