The Process of a Truck Accident Lawsuit
Many truck accidents cause victims to suffer severe and lifelong injuries. They can result in substantial medical costs, lost wages and psychological trauma.
Your attorney will issue an Summons and Complaint to all the parties responsible. This process can take several years. Since New York uses comparative fault rules, your lawyer can ensure that any shared responsibility is appropriately evaluated and distributed to defendants.
Investigations
A truck crash could be more severe than an auto collision. The consequences of a truck crash can be life-altering and the impact is far more complex due to the size and weight of commercial trucks. These accidents also require more sophisticated investigation.
To protect their interests in the event of a crash, trucking firms or insurance companies will usually investigate immediately following a crash. The issue is that the injured are left to manage their injuries and aren't being able to gather evidence. This leaves them in a position of disadvantage compared to the insurance provider and trucking companies.
A lawyer for truck accidents who has experience will look for evidence in a variety of sources, such as witness testimony, police reports and vehicle inspections. A seasoned lawyer won't just rely on police reports however, as these reports are usually not sufficient for civil litigation purposes. Police officers aren't trained to conduct an effective investigation, and they may fail to gather all of the evidence required for an action.
Other kinds of records include logbook data maintenance and service records for the truck and other equipment, data from the event data recorder (also called a black box), and more. An experienced attorney will seek these and other forms of evidence from the truck driver and the trucking company and carefully examine them to determine what caused the accident.
Expert Witnesses
A expert witness from a truck accident can aid your lawyer in proving different aspects of the case. A medical expert for instance, can give evidence to your attorney that the accident resulted in your injuries. Your expert can also testify about how your injuries affect your life in the future. Expert witnesses can help your lawyer determine the extent of your injuries, such as lost income and your future earning capacity.
A medical professional can analyze the physical evidence and explain how your injuries will impact your future. A medical professional, for example, can explain how your accident may affect your physical and mental health. A metallurgist is another type of expert that can examine the reasons why a car component failed. There are also experts who can determine if the weather could have caused the crash.
The role of an expert witness is to provide an impartial and objective opinion after having examined the evidence. However, certain expert witnesses could pose an issue in your case if they're biased or have ties to the defendants' companies. Your attorney can use a background check to find these risks and ensure that you have the best expert witnesses available.
Alongside expert witnesses, your attorney will also interview you and other eyewitnesses. This includes people who saw the crash occurring before it happened. It is crucial to remember that the defendants' insurance companies will try to convince you to admit that they are at fault or make statements they can twist or distort to weaken your claim.
Litigation
Truck drivers are also required to observe traffic laws and use reasonable care when driving. If they do not comply with this obligation and their negligence causes a crash, they could be held accountable for the injuries incurred by the victims of that collision.
Our attorney will collect evidence from eyewitnesses and obtain either oral or written evidence to prove the defendant was negligent. Our team will also look at the various other evidences, including skid marks and points of impact, and conduct crash tests.
Sometimes, the cause of an accident involving a truck can be complex and involves multiple parties. For instance, if a truck accident was caused by defective equipment or poor maintenance, we could be able to sue the makers of that equipment or the trucks themselves. We might also sue the repair shop or mechanic responsible for performing the repairs.
We will endeavor to resolve your dispute out of court, but in the event that the trucking company, or its insurer refuses to accept an appropriate settlement offer, we will prepare for trial. In antioch truck wreck lawyer or jury will rule on disputes like who was at fault and how much compensation you are entitled to. The total of your legal damages will be determined based on the losses you have documented, which include financial, physical, and emotional suffering.
Statute of Limitations
While navigating the legal process following a truck crash can be a bit complicated, knowing the typical procedure for these cases can help you prepare for what is ahead and give you a better idea of the length of time your case may take.
Finding out who is responsible is one of the most important steps. If a truck driver was drowsy or distracted, for instance the chances are that they will be held responsible for your damages. However, there may be other parties accountable as well. If the accident was the result of poor repair and/or a mechanic, then the company that made the truck or its components could be held accountable in the context of the law governing respondeat superior.
You may also be entitled to damages for punitive if the guilty party committed an act of recklessness that was more serious. To establish this, we have to prove that the liable party acted with reckless disregard for your safety or the safety of others.
It is vital to hire an attorney who is experienced with the complexities involved in truck accident cases. Insurance companies and the attorneys representing the parties at fault are often wolves in sheep's clothing and will attempt to obtain statements from you that they can use against you in the future. You can steer clear of these pitfalls by hiring an attorney to manage your communications.