The Process of a Truck Accident Lawsuit
Many truck accidents cause victims to suffer lifelong and severe injuries. These accidents can result in significant medical costs, lost income and psychological traumas.
Your lawyer will issue an Summons & Complaint to the parties who are liable. This process could take a few years. Your lawyer can help you determine whether any shared responsibility been properly assessed and assigned.
Investigations
A truck crash can be more severe than a car accident. The consequences of a truck crash could be catastrophic and the impact is more complex due to the weight and size of commercial trucks. These accidents also involve more complex investigations.
As a result, insurance companies and trucking companies frequently conduct their own investigations right after the incident to protect their interests. The issue is that the injured are left to handle their injuries, and aren't being able to gather evidence. This puts them at a disadvantage comparison to the trucking company or insurance company.
A lawyer for truck accidents who is skilled will look for evidence in a variety sources, such as witness testimony, police reports and inspections of vehicles. A lawyer with experience is not relying on police reports alone because they are usually insufficient for civil litigation. Police officers aren't properly trained to conduct an appropriate investigation, and they may fail to gather all the evidence required for a lawsuit.
Other kinds of records include logbook data maintenance and service records for the truck as well as data from the event data recorder (also known as a black box) and many more. A competent attorney will ask the driver of the truck and the trucking company for these and other forms of evidence, and then analyze them to determine the causes of the accident.
Expert Witnesses
A expert witness for a truck accident could aid your lawyer in proving various aspects of the case. Medical experts for instance, can prove to your attorney that the accident resulted in your injuries. Experts can also testify as to how your injuries will impact your future quality of life. Expert witnesses can help your lawyer determine the value of your damages, including lost income and loss of future earning capacity.
Experts can examine the physical evidence and explain how your injury will affect your future. Medical experts for instance, can explain how your accident might impact your physical and mental health. Another type of expert is a metallurgist that can determine the reason why a component of a vehicle failed. Experts can determine if the weather was the cause of the crash.
A key role of an expert witness is to examine the evidence and give an objective and impartial opinion. However, certain experts can be an issue in your case if they're biased or have ties to the defendant's companies. Your lawyer can conduct an investigation into the background of the expert witness in order to identify any risks.
Aside from experts, your lawyer will also question you and other eyewitnesses. This includes people who saw the accident taking place before it occurred. It is important to note that the defendants' insurance firms will try to convince you to admit fault or to make statements they can twist and distort to deny your claim.
Litigation
Truck drivers are also required to obey traffic laws and operate with reasonable care. If they fail to comply with these rules and their negligence results in an accident, then they could be held liable for the accident damages that victims are left with.
To show the defendant's negligence our lawyer will collect a array of evidence from witnesses who witnessed the crash and provide either oral or written testimony regarding the circumstances of the collision. Our team will also examine the various other evidence, such as skid marks or points of collision, and conduct crash tests.
Sometimes the reason for a truck accident is complicated and involves multiple parties. If the accident was caused by defective equipment or improper maintenance, then we could sue the manufacturer or the trucks. We could also sue the repair shop or mechanic accountable for the repairs.
We will try to resolve your case out of court, but should the trucking company or its insurance company refuses to make a fair settlement offer then we will prepare for trial. During the trial the judge or jury will rule on disputed issues such as who was responsible for the crash and the amount of compensation you must receive. Your legal damages will be calculated in accordance with the totality of your losses, which includes physical, financial, and emotional pain.
Statute of Limitations
Understanding how these cases normally are handled can help you prepare for what is to come and give you an idea of how long it may take to settle your case.
One of the most important steps is establishing the responsibility. If a truck driver was drowsy or distracted, for example then it is likely that they'll be held accountable for your damages. There could be other parties also accountable. For allen truck accident law firm , if the crash occurred due to poor repairs such as an individual mechanic who did the work or a company that manufactured the truck or its components could be held accountable in the legal concept of respondeat superior.
It's also possible that liable party was guilty of a more serious act of recklessness, which could result in punitive damages. To be able to prove this, we must to establish that the liable party acted recklessly for your safety or that of others.
It's important to work with an attorney who understands the complexities of truck accidents. Insurance companies and the attorneys of the at-fault parties are frequently wolves in sheep's clothing and will try to obtain information from you that they may use against you in the future. You can avoid these traps by hiring an attorney to manage your communications.