The Process of a Truck Accident Lawsuit
Many truck accidents cause victims to suffer severe and permanent injuries. These accidents can result in massive medical expenses, loss of income and psychological traumas.
Your attorney will prepare an Summons and Complaint against all responsible parties. The process could last for several years. Your lawyer can help you determine if any shared responsibility has been properly assessed and assigned.
Investigations
A truck accident could be more serious than an auto crash. A truck crash can have devastating consequences for the person. The consequences are more complicated due to the size and weight. These accidents also require more sophisticated investigation.
To protect their interests in the event of a crash, trucking firms or insurance providers will often conduct investigations right after an accident. The victims are left to deal only with their injuries, and they are unable to collect evidence. This puts them at a disadvantage comparison to the trucking company and insurance provider.
A seasoned truck accident attorney can find evidence from numerous sources that include police reports, witness statements and inspections of vehicles. A skilled lawyer should not only rely on police reports however, as these reports are typically not adequate for civil litigation purposes. Police officers aren't properly trained to conduct an appropriate investigation, and they may fail to gather all of the evidence required to file an action.
Other types of records include logbook data, maintenance and service records for the truck and the event data recorder (also known as a black box) and many more. A competent attorney will request these as well as other types of evidence from the truck driver and trucking company and then carefully analyze the evidence to determine what led to the accident.
Expert Witnesses
A truck accident expert witness can help your attorney prove various elements of the case. An expert in medicine is a good example. They can provide evidence to your lawyer that the crash caused your injuries. Your expert will also testify on how your injuries affect your future quality of life. Expert witnesses can help your lawyer determine the extent of your injuries, such as lost income and future earning capacity.
An expert can look over the physical evidence and explain how your injury will affect your future. A medical expert can, for instance, explain how the accident could impact your physical and mental health. A metallurgist is another type of expert who can determine the causes behind why a component failed. There are also experts who examine the way in which weather conditions could have contributed to the crash.
The primary role of your expert is to examine the evidence and provide an objective and impartial opinion. Some expert witnesses may be a liability in your case when their opinions are skewed or they are associated with the defendants. Your lawyer can conduct a background check to identify the risks and ensure that you have the best experts in your case.
Your attorney will conduct an interview with you, as well as any other eyewitnesses who saw the accident prior to it taking place. It is important to note that the insurance companies of defendants will attempt to force you to admit guilt or to make statements they can twist and deceive to diminish your case.
Litigation
Truck drivers are also required to obey traffic laws and use reasonable care when driving. If they fail to do so and their negligence leads to an accident, then they could be held liable for the damage that the victims are left with.
To prove the defendant's negligence, our attorney will gather a number of eyewitnesses who witnessed the crash and give written or oral testimony about how the crash occurred. Our team will also examine the various other evidence, such as skid marks and areas of impact, and conduct crash tests.
Sometimes, the cause of a truck accident is complicated, involving multiple parties. If the accident was caused by defective equipment or improper maintenance, then we could sue the producers or the trucks. We could also sue the mechanic who made the repairs or the repair shop.
We will attempt to settle your case outside of court, however should the trucking firm or its insurer refuses to make an equitable settlement offer, we will prepare for trial. During the trial in court, a jury or judge will decide on the merits of the dispute like who was responsible for the crash and what amount of compensation you are entitled to receive. Your legal damages will be determined according to the total of your losses, which includes financial, physical, and emotional suffering.
Statute of Limitations
Understanding how these cases typically are handled can help you prepare for the future and provide you with an idea of the time it might take to resolve your case.
Establishing liability is one of the most crucial steps. It is likely that a trucker who was drowsy, distracted, or otherwise impaired will be held responsible for the harm you suffered. However, there could be other parties also liable. If the crash was caused by faulty repairs, then a mechanic or company that made the truck or its components could be held responsible in the context of the law governing respondeat superior.
It's also possible the person who is responsible was guilty of a more serious reckless act that could result in punitive damages. To prove this, we must prove that they acted in a reckless, impulsive way, and with a disregard for your safety and that of others.
It is crucial to choose an attorney who is familiar with the complexities involved in truck accident cases. stamford truck accident lawsuit and lawyers for the at-fault party are often the wolves in sheepskins who try to get you to make statements that they can later use against you. You can avoid these traps by hiring an attorney to manage your communications.