The Process of a Truck Accident Lawsuit
Many truck accidents cause victims to suffer severe and lifelong injuries. These accidents can cause massive medical expenses, loss of income and psychological damages.
Your lawyer will issue an Summons and Complaint to the parties who are liable. This process can take several years. Because New York uses comparative fault rules, your lawyer can ensure that any shared responsibility is correctly evaluated and distributed to defendants.
Investigations
If someone is injured in a truck accident there is more at stake than an auto collision. A truck accident can have devastating consequences for the person. The impact is also more complex due to its weight and size. These incidents also require more complicated investigations.
Because of this, trucking companies and insurance providers frequently conduct their own investigations right after an accident to safeguard their interests. The victims are left to deal only with their injuries, and they are unable to collect evidence. This puts them at a disadvantage when compared to the insurance provider and trucking company.
A truck accident lawyer with experience will search for evidence in various sources, including police reports, witness testimony and inspections of vehicles. A skilled lawyer should not rely solely on police reports however, since these reports are often inadequate for civil litigation. Police officers aren't properly trained to conduct an appropriate investigation, and they may not gather all the evidence needed to support an action.
Other kinds of data include logbook entries maintenance and service records for the truck and other equipment, data from the event data recorder (also known as a black box), and more. An experienced attorney will ask the driver of the truck as well as the trucking company for these and other kinds of evidence, and then examine them to determine the reason for the accident.
Expert Witnesses
An expert witness can assist your lawyer prove the various elements of your truck accident case. A medical professional, for example, can provide evidence to your attorney that the accident resulted in your injuries. Your expert can also testify as to how your injuries will impact your quality of life in the future. Expert witnesses can assist your lawyer calculate the amount of damages like lost income and future earning capacity.
Your doctor can look over physical evidence and discuss the consequences of your injury on your future. An expert in medicine can, for instance, explain how your accident may affect your physical and mental health. Another type of expert is a metallurgist who will determine the reason why a component of a vehicle failed. Experts can determine whether the weather was the cause of the crash.
A key role of an expert witness is to review the evidence and offer an unbiased opinion. Some expert witnesses may be a liability in your case when their opinions are skewed or they have ties with the defendants. Your attorney can conduct a background check to identify these risks and ensure you have the most qualified experts in your case.
Aside from expert witnesses, your lawyer will also interview you and other eyewitnesses, such as people who saw the crash taking place prior to when it occurred. It is important to note that the defendants' insurance firms will attempt to force you to acknowledge fault or to make claims they can twist and deceive to weaken your claim.
Litigation
Truck drivers are also required to observe traffic laws and take reasonable care when driving. If they do not comply and their negligence results in a crash, then they could be held responsible for the damage that victims are left with.
To show the defendant's negligence our lawyer will collect a number of eyewitnesses who witnessed the crash and give written or oral testimony about how the crash occurred. Our team will also examine an array of other evidence, including skid marks and points of collision, and conduct crash tests.
Sometimes, the reason for an accident involving a truck can be complex and involves multiple parties. If the truck accident was caused by defective equipment, or improper maintenance, then we could sue the manufacturer or the truck. We might also sue the repair shop or mechanic responsible for performing the repairs.
We will endeavor to resolve your dispute outside of court, however should the trucking firm or its insurer refuses to make an equitable settlement offer and we prepare for trial. During the trial the jury or judge will rule on disputed issues such as who was responsible for the accident and the amount of compensation you should receive. The amount of your legal damages will be determined based on your documented losses, which include physical, financial and emotional suffering.
Statute of limitations
Understanding how these cases normally proceed can help prepare you for what's to come and give you an idea of the time it might take to resolve your case.
One of the most important steps is to establish the extent of liability. It is likely that a trucker who was drowsy or distracted or impaired will be held responsible for the harm you suffered. There could be avondale truck accident lawyer that are also accountable. For instance, if the accident resulted from faulty repairs for instance, a mechanic who completed the work or a business that manufactured the truck or its components could be held responsible in the legal concept of respondeat superior.
You could also be entitled to damages for punitive acts if the responsible person committed an act of recklessness that was more severe. To do this, we must prove that they acted in a reckless and reckless manner, with no regard for your safety and the safety of others.
It is essential to work with an attorney who is familiar with the complexities of truck accident cases. Insurance companies and the attorneys of the at-fault parties are often the wolves in sheep's clothing who will try to obtain information from you that they may use against you in the future. If you hire an attorney to handle all communications, you'll avoid these pitfalls.