The Process of a Truck Accident Lawsuit
Accidents involving trucks can cause serious and permanent injuries. Accidents can result in significant medical costs, lost income, and psychological damage.
Your lawyer will make a Summons and Complaint against all liable parties. This process could take a few years. Because New York uses comparative fault rules, your lawyer can ensure that any shared responsibility is appropriately determined and assigned to defendants.
Investigations
When someone is injured in a truck crash there is much more at stake than an auto accident. The consequences of a truck crash can be life-changing and the resulting damage is more complicated due to the size and weight of commercial trucks. These accidents also require more sophisticated investigation.
To protect their interests the trucking companies and insurance providers will often conduct their investigations as soon as they are aware of the incident. The issue is that the victims are left to deal with their injuries, and aren't in a position to gather evidence. This puts them at a disadvantage when compared to the insurance provider and trucking companies.
A skilled attorney for truck accidents is able to find evidence from numerous sources that include police reports, witness statements, and vehicle inspections. A lawyer with experience does not rely on only police reports since they are typically not sufficient for civil litigation. Police officers are not trained to conduct an appropriate investigation, and they may not be able to gather all the evidence required for an action.
Other types of information may include logbook entries and maintenance and service records from the truck. Data from the device for recording events (also known as a black box) is also available. A competent attorney will ask the driver of the truck and the trucking company for these and other forms of evidence and then carefully analyse them to determine the root of the accident.
Expert Witnesses
A expert witness from a truck accident can help your attorney prove different elements of the case. An expert in medicine could, for instance, provide evidence to your lawyer that the accident led to your injuries. Experts can also testify about how your injuries will impact your life-style and quality of living. Expert witnesses can assist your lawyer determine the extent of your injuries including lost income and future earning capacity.
Experts can examine the physical evidence and explain the impact of your injury on your future. A medical expert for instance, can explain how the accident could affect your physical and mental health. A metallurgist, for instance, is another kind of expert who can analyze the reasons why a car component failed. There are experts who can determine if the weather played a part in the crash.
A key role of an expert witness is to examine the evidence and offer an impartial opinion. However, certain experts can be a liability risk in your case if they are biased or have connections to the defendants' companies. Your lawyer can conduct a background check to find these risks and ensure you have the top experts in your case.
Apart from experts, your lawyer will also question you and other eyewitnesses. This includes people who saw the crash taking place prior to when it happened. It is crucial to remember that the defendants' insurance firms will attempt to force you to admit guilt or make statements that they can twist and deceive to deny your claim.
Litigation
As with all drivers, truck drivers have a obligation to follow traffic laws and to take reasonable care when they travel. If they do not fulfill this obligation and their negligence results in an accident, they could be held accountable for damage to the victims of the crash.
To prove santa clarita truck wreck lawyer , our lawyer will collect a number of eyewitnesses who witnessed the crash and provide oral or written evidence of how the crash occurred. Our team will also examine various other evidences, including skid marks and areas of impact, as well as conduct crash tests.
Sometimes, the cause of an accident involving a truck can be complex and involves multiple parties. For instance, if the truck accident was caused by defective equipment or poor maintenance, we may sue the manufacturers of that equipment or the trucks themselves. We could also bring a lawsuit against the mechanic that performed the repairs or the repair shop.
We will try to settle your case outside of court. However, if the trucking company or its insurer does not agree to an equitable settlement or offer, we'll prepare to go to trial. During the trial in court, a jury or judge will rule on disputed issues such as who was at fault for the crash and what amount of compensation you should receive. The total of your legal damages will be based on your documented losses that include physical, financial and emotional pain.
Statute of Limitations
Understanding how these cases usually go about their business can help you prepare for what lies ahead and provide you with an idea of how long it may take to settle your case.
Establishing liability is one of the most crucial steps. If the truck driver was tired or distracted, as an example, it is likely they will be held responsible for the damages. There may be other parties that are equally responsible. For instance, if the crash resulted from poor repairs such as a mechanic who performed the work or a company that made the truck or its components could be held responsible in the legal concept of respondeat superior.
It's also possible that the liable party did a greater risky act, which could be grounds for you to receive punitive damages. To prove this, we must establish that they acted in a reckless and impulsive manner that was reckless and in disregard for your safety and the safety of others.
It is essential to work with an attorney who is familiar with the complexities of truck accidents. Insurance companies and lawyers for the at-fault party are usually wolves in sheepskins and will try to force you to make statements that they later use against you. By having an attorney manage all communications, it is possible to avoid these pitfalls.