The Process of a Truck Accident Lawsuit
Accidents involving trucks can cause serious and permanent injuries. These accidents can lead to massive medical expenses, loss of income and psychological traumas.
Your attorney will issue a Summons & 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 appropriately determined and assigned to defendants.
Investigations
If someone is injured in a crash involving a truck, there is a lot more at stake than in an auto crash. A truck crash can have life-changing consequences. The impact is also more complex due to the size and weight. These accidents also require more complex investigations.
Because of this, insurance companies and trucking companies typically conduct their own investigations following the incident to protect their interests. The issue is that the victims are left to handle their injuries and are not in a position to gather evidence. This puts them at a disadvantage compared to the insurance provider and trucking companies.
A truck accident lawyer who is skilled will look for evidence from a variety of sources, including witness testimony, police reports, and vehicle inspections. A seasoned lawyer won't only rely on police reports, however, since these reports are often inadequate for civil litigation. Police officers aren't properly trained to conduct an effective investigation and could fail to gather all of the evidence required for a lawsuit.
Other types of data include logbook records, maintenance and service records for the truck and the event data recorder (also called a black box) and many more. A competent attorney will demand these and other forms of evidence from the truck driver and the trucking company, and then analyze the evidence to determine what led to the accident.
Expert Witnesses
A expert witness in a truck accident can assist your attorney in proving different elements of the case. For example medical experts will provide your lawyer with evidence that the crash resulted in your injuries. Your expert may also testify regarding how your injuries will affect your future quality-of-life. Expert witnesses can help your lawyer determine the extent of your injuries, such as lost income and future earning capacity.
Experts can review physical evidence and discuss the consequences of your injury on your future. A medical expert is a good example. They can explain how your accident might impact your physical and mental health. A metallurgist is a different kind of expert that can examine the reasons why a vehicle component failed. There are experts who can determine if the weather played a part in the crash.
Your expert's job is to provide an unbiased and objective opinion after having examined the evidence. Some expert witnesses may be a liability in your case if their opinions are biased or if they have ties to the defendants. Your attorney can conduct a background check to find these risks and ensure you have the best expert witnesses available.
Aside from experts, your lawyer will also question you and other eyewitnesses. This includes people who saw the accident taking place before it occurred. You should be aware that the insurance companies of the defendants will attempt to get your to acknowledge your responsibility or make statements which they can twist and alter to weaken your case.
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Like any other driver, truck drivers have a obligation to observe traffic laws and to use reasonable care on the road. If they do not fulfill this obligation and their negligence causes an accident, they could be held liable for the accident damages suffered by those who were injured in the crash.
To prove the defendant's negligence, our lawyer will gather variety of evidence from eyewitnesses who witnessed the crash and give written or oral testimony about the circumstances of the collision. Our team will also study other evidence like skidmarks and points of impact. They will also conduct crash testing.
Sometimes the reason for a truck accident is complicated with multiple parties. If the truck crash was caused by defective equipment, or improper maintenance, then we could sue the manufacturer or the trucks. We could also sue the repair shop or mechanic responsible for performing the repairs.
We will attempt to resolve your dispute outside of court. If, however, the trucking company or its insurer is unwilling to accept an equitable settlement and we are unable to reach a fair settlement, we will go to trial. During the trial, a judge or jury will rule on disputed issues like who was responsible for the crash and the amount of compensation you are entitled to receive. The amount of your legal damages will be based on your documented losses, which include financial, physical and emotional suffering.
Statute of limitations
Although the legal process after a truck accident can be a bit complicated, 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 will take.
Finding out who is responsible is one of the most crucial steps. It is likely that a trucker who was drowsy, distracted, or otherwise impaired will be held accountable for the damages you have suffered. However, there may be other parties who are liable as well. For instance, if the crash resulted from poor repairs for instance, a mechanic who completed the work or a business that made the truck or its parts could be held responsible under the legal theory of respondeat superior.
It's also possible that responsible party has was guilty of a more serious reckless act, which could result in punitive damages. To prove this, we need to prove that the liable party acted in reckless disregard for your safety or the safety of others.
It is essential to work with a lawyer who is familiar with the complexities of truck accident cases. Insurance companies and at-fault parties' attorneys are often the wolves in sheep's clothing who will try to obtain information from you that they can use against you later. If you hire an attorney to handle all communications, you will avoid these pitfalls.