The Process of a Truck Accident Lawsuit
Many accidents involving trucks cause serious and lifelong injuries. They can result in substantial medical expenses as well as psychological damages.
Your attorney will prepare a Summons and Complaint against all responsible parties. This process could take many years. Since New York uses comparative fault rules, your lawyer will ensure that any shared responsibility is appropriately defined and allocated to defendants.
Investigations
A truck accident could be more severe than a car accident. A truck accident could result in life-altering consequences. The impact is more complicated due to the size and weight. These accidents also require more intricate investigation.
To protect their interests in the event of a crash, trucking firms or insurance companies often investigate immediately following an accident. The problem is that victims are left to manage their injuries and are not in a position to gather evidence. This puts them at a disadvantage comparison to the trucking company or insurance company.
A seasoned truck accident attorney knows to look for evidence from a variety of sources which include police reports witness statements, and vehicle inspections. A lawyer who is knowledgeable is not relying on police reports alone, as they are often insufficient for civil litigation. Police officers aren't properly trained to conduct a proper investigation, and they may not gather all the evidence required to file a lawsuit.
Other types 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 more. A competent attorney will demand these as well as other types of evidence from the truck driver and trucking company, and then analyze the evidence to determine what led to the accident.
Expert Witnesses
An expert witness can aid your attorney prove various elements of your truck accident case. For example an expert in medicine can give your lawyer proof that the crash resulted in your injuries. Your expert may also testify about how your injuries could affect your quality of life in the future. Expert witnesses can also help your lawyer determine the value of your losses, including lost income and loss of future earning capacity.
Your expert can review the physical evidence and explain how your injury will impact your future. For instance medical experts can demonstrate how your accident can impact your mental and physical well-being. A metallurgist is an additional type of expert who can determine the reasons why a vehicle component failed. Experts can determine whether the weather played a role in the crash.
The role of an expert witness is to offer an honest and objective opinion after having examined the evidence. Certain expert witnesses could be a liability to your case when their opinions are skewed or if they have ties to the defendants. Your attorney can perform an identity check to identify these risks and ensure you have the most qualified experts in your case.
Your lawyer will interview you, as well as any other eyewitnesses that witnessed the incident prior to it happening. It is important to keep in mind that the defendants' insurance companies will try to convince you to acknowledge fault or to make statements they can twist and distort to undermine your claim.
Litigation
Like all drivers truckers are required by law to adhere to a obligation to observe traffic rules and take reasonable care while driving. If west covina truck accident law firm fail to fulfill this duty and their negligence results in a crash, they could be held accountable for the damages caused by the accident to the victims of that collision.
Our lawyer will gather evidence from eyewitnesses and obtain written or oral testimony to prove that the defendant was negligent. Our team will also study other evidence, including skidmarks as well as points of impact. We will also conduct crash testing.
Sometimes, the reason for an accident involving a truck can be complex and involves multiple parties. For example, if the truck crash was caused by defective equipment or poor maintenance, we might sue the manufacturers of that equipment or the trucks themselves. We might also sue the mechanic or repair shop responsible for the repairs.
We will attempt to settle your dispute out of court, however should the trucking company or its insurance company refuses to accept a fair settlement offer and we prepare for trial. During the trial in court, a jury or judge will decide on any disputed issues like who was responsible for the crash and the amount of compensation you are entitled to be awarded. The legal damages you receive 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 typically go about their business can help you prepare for the future and give you an idea of how long it may take to settle your case.
One of the most important steps is to establish the extent of liability. If a truck driver was drowsy or distracted, for instance it is likely that they will be held responsible for the damages. However, there may be other parties also liable. If the crash was the result of poor repair or a mechanic, then a company that manufactured the truck or its components could be held liable under the legal theory of respondeat superior.
You may also be entitled to damages for punitive acts if the responsible person committed an act of recklessness that was a lot more serious. To be able to prove this, you need to prove that the liable party acted in reckless disregard for your safety or that 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 representing the parties at fault are frequently the wolves in sheep's clothing who will attempt to obtain statements from you that they could use against you in the future. You can avoid these pitfalls by having an attorney manage your communications.