The Process of a Truck Accident Lawsuit
Many truck accidents result in victims suffering serious and lifelong injuries. These accidents can cause massive medical expenses, loss of income and psychological traumas.
Your lawyer will prepare a Summons and Complaint against all parties liable. This process can take several years. Because New York uses comparative fault rules, your lawyer will ensure that any shared responsibility is correctly defined and allocated to defendants.
Investigations
When someone is injured in a crash involving a truck, there is a lot more at stake than in an auto accident. A truck accident could have life-changing consequences. The impact is also more complex because of the weight and size. These accidents also require more complex investigations.
This is why insurance companies and trucking companies often conduct investigations immediately following an accident to protect their interests. The victims are left to deal only with their injuries and are unable to collect evidence. loveland truck accident attorney puts them in a position of disadvantage compared to the insurance provider and trucking companies.
A truck accident lawyer who has experience will look for evidence in a variety of sources, including witness testimony, police reports and inspections of vehicles. A lawyer who is knowledgeable does not rely on the reports of police officers alone, as they are often insufficient for civil litigation. Police officers aren't properly trained to conduct an effective investigation, and they may fail to gather all of the evidence required to file the filing of a lawsuit.
Other types of information might include logbook records, maintenance and service records from the truck. The data from the event data recording device (also known by the name black box) is also available. A skilled attorney will ask the driver of the truck and the trucking company for these and other types of evidence, and then analyze them to determine the cause of the accident.
Expert Witnesses
A expert witness from a truck accident can assist your attorney in proving different aspects of the case. A medical professional is a good example. They can provide proof to your lawyer that the accident caused your injuries. Your expert can also testify regarding how your injuries will impact your quality of life in the future. Expert witnesses can assist your lawyer calculate the amount of damages including lost income and future earning capacity.
A medical professional can analyze the physical evidence and explain how your injury will affect your future. For example, a medical expert can show how your accident can impact your physical and mental health. Another type of expert is a metallurgist who will examine the reasons why a part of a car failed. There are also experts who can 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 impartial opinion. However, some expert witnesses could pose an issue in your case if they are biased or have connections to the defendant's businesses. Your attorney can perform an investigation into the background of the expert witness to determine any risks that could be present.
Alongside experts, your lawyer will also question you and other eyewitnesses, such as witnesses who witnessed the crash occurring before it happened. It is important to keep in mind that the insurance companies of defendants will try to convince you to admit that they are at fault or make statements they can twist and distort to deny your claim.
Litigation
Truck drivers must also adhere to traffic laws and operate with reasonable care. If they fail in this obligation and their negligence causes an accident, they could be held responsible for accident damages suffered by the victims of the crash.
To show the defendant's negligence our lawyer will gather a variety of evidence from eyewitnesses who witnessed the crash and provide either oral or written testimony regarding how the crash occurred. Our team will also review other evidence, including skidmarks as well as points of impact. We will also conduct crash testing.
Sometimes the cause of an accident on the road is complicated and involves multiple parties. For instance, if the truck crash was caused by defective equipment or improper maintenance, we could seek to sue the producers of that equipment or the trucks themselves. We might also sue the repair shop or mechanic who performed the repairs.
We will attempt to resolve your case without going to the courtroom. However, if the trucking company or its insurer refuses an equitable settlement then we will prepare to go to trial. During the trial in court, a jury or judge will decide on issues that are disputed, such as who was at fault for the crash and the amount of compensation you must be awarded. The total amount of your legal damages will be determined based on the losses you have documented, which include physical, financial and emotional suffering.
Statute of Limitations
Although the legal process after a truck accident can be confusing, knowing how these cases usually go can help you plan for the future and provide you with a better understanding of how long your case could take.
One of the most important actions is to establish the extent of liability. If the truck driver was tired or distracted, for example the chances are that they'll be held accountable for your losses. There may be other parties also accountable. If the accident was the result of poor repair and/or a mechanic, then the company that manufactured the truck or its components could be held responsible under the legal theory of respondeat superior.
It's also possible that liable party may have committed a more serious reckless act that could result in punitive damages. To establish this, we have to prove that the liable party was reckless of your safety or that of others.
It is essential to work with an attorney who is experienced with the complexities of truck accident cases. Insurance companies and attorneys representing the parties at fault are frequently sheep in sheep's clothes and will try to get statements from you that they may use against you later. By having an attorney handle all communications, you'll avoid these pitfalls.