The Process of a Truck Accident Lawsuit
Truck accidents can result in severe and permanent injuries. These accidents can cause significant medical expenses, lost income, and psychological injuries.
Your lawyer will make an Summons and Complaint to all the parties responsible. The process could last for several years. Because 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 collision with a truck there is much more at stake than an auto crash. A truck accident could have devastating consequences for the person. The impact is more complex due to its size and weight. These accidents also involve more complex investigations.
This is why insurance companies and trucking companies often conduct their own investigation immediately following an accident to protect their interests. The issue is that the victims are left to manage their injuries and are not able to collect evidence. This puts them in a position of disadvantage compared to the insurance provider and trucking company.
A truck accident lawyer who has experience will look for evidence in a variety of sources, including police reports, witness testimony and inspections of vehicles. A knowledgeable lawyer will not rely solely on police reports, however, because these documents are usually not sufficient for civil litigation purposes. Police officers might not be trained to conduct an investigation properly and may not gather all the evidence needed for an action.
Other kinds of information could include logbook and maintenance records and service records from the truck. The data from the device for recording events (also called a black box) is also available. A skilled attorney will ask the driver of the truck as well as the trucking company for these types and other types of evidence and then carefully analyze them to determine the causes of the accident.
Expert Witnesses
A expert witness in a truck accident can aid your attorney in proving various elements of the case. For example an expert in medicine can give your lawyer proof that the crash caused your injuries. Experts can also testify on how your injuries will impact your future quality of life. Expert witnesses can assist your lawyer calculate the amount of damages including lost income and future earning capacity.
Your expert can review physical evidence and explain the impact of your injury on your future. Medical experts, for example, can explain how your accident may affect your physical and mental health. Another type of expert is a metallurgist who can analyze why a vehicle part failed. There are experts who can determine whether the weather played a part in the crash.
The main function of your expert is to analyze the evidence and offer an objective opinion. Some expert witnesses may be a liability in your case in the event that their opinions are biased or they have ties with the defendants. Your attorney can conduct an identity check to identify the risks and ensure that you have the best experts on your side.
Alongside expert witnesses, your attorney will also question you and other eyewitnesses, including any people who saw the crash occurring before it occurred. Be aware that the insurance companies of the defendants will try to get your to acknowledge your responsibility or make statements that they can twist and change to weaken your case.
Litigation
Like all drivers truckers are required by law to adhere to a obligation to observe traffic laws and to take reasonable care while driving. If they fail to fulfill this duty and their negligence leads to a crash, they may be held responsible for damages caused by the accident to the victims of the collision.
Our lawyer will gather evidence from eyewitnesses, and get written or oral evidence to prove that the defendant was negligent. Our team will also look at other evidence, such as skidmarks and points of impact and conduct crash testing.
Sometimes, the cause of a truck accident is complicated with multiple parties. For example, if the truck crash was caused by defective equipment or improper maintenance, we might bring a lawsuit against the manufacturer of the equipment or the trucks themselves. We might also sue the mechanic or repair shop responsible for the repairs.
We will attempt to settle your case outside of court. However, if the trucking firm or its insurance company refuses to negotiate a fair settlement and we are unable to reach a fair settlement, we will go to trial. During the trial in which a judge or jury will decide on disputed issues like who was the culprit and what compensation you'll receive. The total of your legal damages will be determined based on your documented losses, which include financial, physical and emotional suffering.
charleston truck accident lawyer of Limitations
While the legal process following a crash with a truck can be confusing, knowing the way these cases are handled will help you understand what's to come and give you a better sense of the length of time your case might take.
Liability is one of the most important steps. It is probable that a driver who was drowsy, distracted, or otherwise impaired will be held responsible for the damage you suffered. However, there could be other parties liable as well. For instance, if a crash resulted from poor repairs for instance, a mechanic who did the work or a company who made the truck or its components could be held accountable according to the legal doctrine of respondeat superior.
You could also be entitled to damages for punitive harm if the accountable party committed an act of recklessness that was a lot more serious. To be able to prove this, you need to establish that the liable party acted with reckless disregard for your safety or that of others.
It is vital to hire a lawyer who is familiar with the complexities of truck accident cases. Insurance companies and the lawyers representing the parties at fault are often sheep in sheep's clothes and will try to get statements from you that they can use against you in the future. You can stay clear of these pitfalls by hiring an attorney to manage your communications.