The Process of a Truck Accident Lawsuit
Many accidents involving trucks cause severe and lifelong injuries. They can result in substantial medical expenses, lost wages and psychological damage.
Your attorney will issue a Summons & Complaint to all the parties responsible. This process could take many years. Because New York uses comparative fault rules, your lawyer will ensure that any shared liability is properly determined and assigned to defendants.
Investigations
If someone is injured in a collision with a truck there is much more at stake than an auto crash. A truck accident could have life-changing consequences. The consequences are more complicated due to the weight and size. These accidents also involve more complicated investigation.
To protect their interests the trucking companies and insurance companies often investigate immediately following the accident. The issue is that the injured are left to take care of their injuries, and aren't capable of obtaining evidence. This puts them at a disadvantage comparison to the trucking company or insurance company.
A truck accident lawyer who is skilled will look for evidence in a variety sources, including police reports, witness testimony, and inspections of vehicles. A seasoned attorney will not rely solely on police reports, however, because these documents are usually not sufficient for civil litigation. Police officers aren't taught to conduct an effective investigation and might not gather all the evidence required to file the filing of a lawsuit.
Other kinds 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 as well as the trucking company and carefully examine the evidence to determine what led to the accident.
Expert Witnesses
A expert witness in a truck accident can assist your attorney in proving various elements of the case. A medical professional for instance, can give evidence to your lawyer that the crash caused your injuries. Your expert may also testify as to how your injuries could affect your future quality-of-life. Expert witnesses can assist your lawyer calculate the amount of damages, 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. An expert in medicine can, for instance, explain how your accident might impact your physical and mental health. Another kind of expert is a metallurgist who will analyze why a vehicle part failed. There are experts who can determine whether the weather was the cause of the crash.
Your expert's responsibility is to offer an honest and objective view after analyzing the evidence. However, certain expert witnesses could pose an issue in your case if they're biased or have connections to the defendants' businesses. Your attorney can use a background check to find these risks and ensure you have the top expert witnesses available.
Your attorney will interview you, along with any other eyewitnesses who saw the accident prior to it taking place. It is important to remember that the insurance companies of defendants will attempt to force you to admit fault or to make claims they can twist or distort to deny your claim.
Litigation
Like any other driver, truck drivers have a duty to obey traffic laws and to take reasonable care when driving. If they do not fulfill this duty and their negligence causes a crash, they may be held responsible for accident damages suffered by those who were injured in the collision.
Our attorney will collect evidence from eyewitnesses and obtain either oral or written evidence to prove that the defendant was negligent. Our team will also look at the various other evidence, including skid marks and areas of collision, and conduct crash tests.
Sometimes, the cause of an accident involving a truck can be complex and involves multiple parties. If the truck crash was caused by defective equipment, or improper maintenance, we could sue the producers or the truck. We might also claim against the mechanic who did the repairs or the repair shop.
We will attempt to resolve your case without going to court. If, however, the trucking firm or its insurer refuses an equitable settlement, we will prepare to go to trial. During trial in which a judge or jury will decide on the dispute such as who was responsible and what amount of compensation you'll receive. The total amount of your legal damages will be based on the losses you have documented that include physical, financial and emotional pain.
Statute of limitations
While the legal process after a truck accident can be confusing, knowing how these cases typically proceed will help you understand what's ahead and give you a better idea of the length of time your case might take.
Liability is one of the most important steps. If the truck driver was tired or distracted, for instance, it is likely they'll be held accountable for your damages. There may be other parties equally responsible. If the accident was caused by poor repairs or a mechanic, then a company that manufactured 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 acts if the responsible person committed an act of recklessness that was more serious. To prove oxnard truck accident lawyer , we must establish that they acted in a willful and wanton manner that was reckless and in disregard for your safety as well as that of others.
It's crucial to work with an attorney who is familiar with the complexities of truck accident cases. Insurance companies and lawyers for the at-fault party are often sheepskins in wolves and will attempt to convince you to sign statements which they later use against you. You can stay clear of these pitfalls by hiring an attorney to manage your communications.