The Process of a Truck Accident Lawsuit
Many truck accidents leave victims with severe and lifelong injuries. These accidents can result in substantial medical expenses, loss of income, and psychological damage.
Your lawyer will prepare an Summons and Complaint against all parties liable. The process could last for several years. Because New York uses comparative fault rules, your lawyer will ensure that any shared responsibility is appropriately determined and assigned to defendants.
Investigations
A truck accident can be more serious than an auto crash. A truck crash can have devastating consequences for the person. The impact is also more complex because of the size and weight. These accidents also require more complex investigation.
To protect their interests trucking companies or insurance companies usually conduct their investigations as soon as they are aware of an accident. The victims are left to deal only with their injuries and are not able to gather evidence. This puts them at a disadvantage when compared to the insurance provider and trucking companies.
A truck accident lawyer who is experienced will look for evidence in a variety of sources, such as police reports, witness testimony, and inspections of vehicles. san mateo truck wreck lawyer with experience will not rely on the reports of police officers alone since they are typically not sufficient for civil litigation. Police officers might not be trained to conduct an inquiry correctly and may not collect all the evidence needed to file a lawsuit.
Other kinds of data could include logbook and maintenance records and service records from the truck. Data from the event data recording device (also known by the name black box) is also available. A skilled attorney will request 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 assist your lawyer prove the various elements of your truck accident case. A medical expert for instance, can provide evidence to your lawyer that the accident led to your injuries. Your expert may be able to testify on the impact your injuries will have on your life-style and quality of living. Expert witnesses can assist your lawyer assess the damages including lost income and your future earning capacity.
Experts can review physical evidence and explain the impact of your injury on your future. For example an expert in medical science can explain how your accident can affect your mental and physical well-being. A metallurgist is a different kind of expert who will analyze the reasons why a vehicle component failed. There are also experts who analyze how the weather may have caused the crash.
The main function of your expert is to review the evidence and give an impartial opinion. Some expert witnesses may be a liability to your case when their opinions are skewed or they have connections to the defendants. Your lawyer can conduct a background check on the expert witness in order to identify any potential risks.
Your lawyer will interview you, as well as any other eyewitnesses who saw the accident before it happened. It is important to keep in mind that the defendants' insurance companies will attempt to force you to acknowledge fault or to make statements they can twist and distort to undermine your claim.
Litigation
Just like other drivers truck drivers also have a duty to obey traffic laws and to exercise reasonable care when driving. If they fail in this duty and their carelessness causes an accident, they could be held responsible for damage to the victims of the collision.
Our lawyer will gather evidence from eyewitnesses and obtain oral or written testimony to prove that the defendant was negligent. Our team will also review other evidence, including skidmarks as well as points of impact. We will also conduct crash testing.
Sometimes, the reason for the truck crash is complex that involves multiple parties. For instance, if the truck accident was caused by defective equipment or improper maintenance, we might be able to sue the makers of that equipment or the trucks themselves. We might also bring a lawsuit against the mechanic that performed the repairs or the repair shop.
We will attempt to resolve your dispute out of court, however in the event that the trucking company, or its insurance company is unwilling to accept a fair settlement offer and we prepare for trial. In a trial the judge or jury will decide on disputed issues like who was the culprit and what compensation you'll receive. The total of your legal damages will be determined based on your documented losses that comprise financial, physical and emotional pain.
Statute of limitations
While the legal process following a truck accident may be a bit complicated, knowing how these cases usually go will help you understand what is ahead and give you a better idea of how long your case could take.
One of the most important steps is to establish the liability. It is probable that a driver who was drunk or distracted or impaired will be held accountable for the harm you suffered. There could be other parties also liable. For instance, if the crash resulted from poor repairs for instance, a mechanic who completed the work or a company which made the truck or its parts could be held responsible under the legal theory of respondeat superior.
It's also possible that the person who is responsible did a greater risky act, which could result in punitive damages. In order to prove this, you must prove that they acted in a willful and wanton manner, with no regard for your safety as well as that of others.
It is crucial to choose an attorney who is knowledgeable with the complexities involved in truck accident cases. Insurance companies and lawyers for the at-fault party can be seen as the wolves in sheepskins who try to get you to make statements which they later use against you. You can stay clear of these pitfalls by having an attorney manage your communications.