The Process of a Truck Accident Lawsuit
Many accidents involving trucks cause severe and lifelong injuries. These accidents can result in significant medical expenses, lost income, and psychological damage.
Your attorney will prepare an Summons and Complaint against all liable parties. The process can take a few years. Because New York uses comparative fault rules, your lawyer will ensure that any shared responsibility is appropriately assessed and allocated to defendants.
Investigations
If someone is injured in a crash involving a truck, there is a lot more at stake than an auto accident. The effects of a crash involving a truck could be catastrophic and the resulting damage is more complex due to the size and weight of a commercial truck. These accidents also involve more complicated investigation.
Due to this, insurance companies and trucking companies often conduct their own investigations right after an accident to protect their interests. The issue is that the victims are left to deal with their injuries and are not being 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 from a variety of sources, including police reports, witness testimony, and vehicle inspections. A seasoned attorney will not depend solely on police reports, however, because these documents are typically not adequate for civil litigation purposes. Police officers aren't always properly trained to conduct an investigation correctly and may not collect all the evidence required to support an action.
Other types of information might include logbook and maintenance records and service records from the truck. Data from the device for recording events (also known as the black box) is also available. An experienced attorney will ask both the driver of the truck and trucking company for these types and other types of evidence and then carefully look over them to determine causes of the accident.
Expert Witnesses
An expert witness can assist your lawyer prove the various elements of your truck accident case. For example, a medical expert can provide evidence that the crash resulted in your injuries. Your expert can also testify as to the impact your injuries will have on your quality of life in the future. Expert witnesses can assist your lawyer determine the worth of your injuries, which includes lost income and loss of future earning capacity.
A medical professional can examine physical evidence and explain the impact of your injury on your future. For instance medical experts can demonstrate how your accident will impact you in terms of physical and mental health. A metallurgist is a different kind of expert who can determine the causes behind why a component failed. There are also experts who analyze how the weather may have contributed to the crash.
The primary function of your expert witness is to evaluate the evidence and give 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 companies. Your lawyer can conduct an investigation into the background of the expert witness to determine any risks that could be present.
Your lawyer will question you, along with witnesses who were present at the accident before it happened. It is important to keep in mind that the insurance companies of defendants will attempt to force you to admit guilt or make statements that they can twist and alter to undermine your claim.
Litigation
Just like other drivers truck drivers also have a obligation to follow traffic laws and to take reasonable care on the road. If they fail in this duty and their carelessness causes a crash, they could be held liable for the injuries incurred by the victims of the crash.
Our lawyer will obtain evidence from eyewitnesses and seek either oral or written evidence to prove that the defendant was negligent. Our team will also examine the various other evidences, including skid marks and areas of impact, as well as conduct crash tests.
Sometimes, the reason for an accident involving a truck can be complex and involves multiple parties. For instance, if the truck crash was caused by defective equipment or improper maintenance, we may bring a lawsuit against the manufacturer of the equipment or the trucks themselves. We might also sue the mechanic or repair shop responsible for the repairs.
We will try to resolve your case outside of the courtroom. However, if the trucking firm or its insurer does not agree to a fair settlement then we will prepare to go to trial. In the trial the judge or jury will rule on disputes such as who was responsible and what amount of compensation you should get. The total amount of your legal damages will be determined based on your documented losses that include financial, physical and emotional suffering.
Statute of limitations
Understanding how these cases usually take place can help you prepare for what is to come and give you an idea of the time it might take to settle your case.
One of the most crucial steps is to establish the extent of liability. If the truck driver was tired or distracted, for instance it is likely that they'll be held accountable for the damages. However, there may be other parties equally responsible. For instance, if the crash resulted from poor repairs for instance, a mechanic who performed the work or a business that manufactured the truck or its components might be held responsible in the legal concept of respondeat superior.
You could also be entitled to damages for punitive harm if the accountable person acted in a manner of recklessness that was more serious. To do livonia truck wreck lawyer , we must establish that they acted in a willful and wanton way, and with a disregard for your safety and that of others.
It's important to work with an attorney who is familiar with the complexities of truck accidents. Insurance firms and attorneys for the at-fault parties are often sheepskins in wolves and will attempt to convince you to sign documents that they can later use against you. You can stay clear of these pitfalls by having an attorney manage your communications.