The Process of a Truck Accident Lawsuit
Truck accidents can cause severe and permanent injuries. Accidents can result in massive medical expenses, loss of income and psychological damages.
Your attorney will issue a Summons & Complaint to all the parties responsible. This process could take several years. Your lawyer can help you determine whether any shared responsibility has been properly assessed and assigned.
Investigations
When someone is injured in a crash involving a truck there is much more at stake than an auto crash. The consequences of a collision with a truck can be life-changing and the impact is far more complicated due to the weight and size of commercial trucks. These accidents also require more sophisticated investigations.
Because of this, insurance companies and trucking companies frequently conduct their own investigations right after the incident to protect their interests. elizabeth truck accident lawsuit is that the injured are left to deal with their injuries, and aren't capable of obtaining evidence. This puts them at a disadvantage comparison to the trucking company and insurance companies.
A lawyer for truck accidents who is experienced will look for evidence from a variety of sources, including police reports, witness testimony, and vehicle inspections. A lawyer who is experienced does not rely on police reports alone because they are usually insufficient for civil litigation. Police officers are not trained to conduct an appropriate investigation and may fail to gather all of the evidence required for an action.
Other kinds of information include logbook records, maintenance and service records for the truck and other equipment, data from the event data recorder (also called 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 carefully analyze them to determine the cause of the accident.
Expert Witnesses
A expert witness in a truck accident can aid your lawyer in proving different aspects of the case. Medical experts, for example, can prove to your lawyer that the crash caused your injuries. Your expert can also testify on how your injuries affect your quality of life in the future. Expert witnesses can assist 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. For example, a medical expert will explain how the accident will impact you in terms of mental and physical well-being. A metallurgist is a different kind of expert that can examine the reasons why a car component failed. There are experts who can determine whether the weather played a role in the crash.
Your expert's job is to provide an unbiased and objective opinion after examining the evidence. However, some expert witnesses can become an issue in your case if they're biased or have connections to the defendants' companies. Your attorney can use a background check to identify these risks and ensure you have the top experts on your side.
Your lawyer will interview you, along with any other eyewitnesses who saw the incident prior to it happening. It is crucial to remember that the insurance companies of the defendants will try to get you to admit that they are at fault or to make claims they can twist and distort to weaken your claim.
Litigation
Truck drivers are also required to follow traffic laws and take reasonable care when driving. If they fail in this obligation and their carelessness causes an accident, they could be held liable for the damages caused by the accident to the victims of the collision.
To prove the defendant's negligence, our lawyer will gather array of evidence from witnesses who witnessed the crash and provide oral or written evidence of how the collision occurred. Our team will also study the various other evidence, like skid marks and areas of impact, and conduct crash tests.
Sometimes, the reason for an accident involving a truck can be complex and involves multiple parties. For instance, if a truck accident was caused due to defective equipment or insufficient maintenance, we might bring a lawsuit against the manufacturer of the equipment or the trucks themselves. We might also sue the repair shop or mechanic responsible for performing the repairs.
We will try to settle your case outside of the courtroom. If, however, the trucking company or its insurer is unwilling to accept an equitable settlement or offer, we'll prepare to go to trial. During trial where a judge or jury will decide on disputed issues such as who was responsible and how much compensation you are entitled to. The total of your legal damages will be determined based on the losses you have documented that include physical, financial and emotional suffering.
Statute of limitations
Understanding how these cases typically proceed can help prepare you for what is to come and give you an idea of how long it may take to settle your case.
Liability is one of the most important steps. If a truck driver was drowsy or distracted, as an example then it is likely that they will be held responsible for the damages. However, there could be other parties who are also liable. If the accident was caused by poor repairs such as a mechanic or company that manufactured the truck or its components could be held accountable under the legal theory respondeat superior.
You may also be entitled to damages for punitive harm if the accountable person acted in a manner of recklessness that was more serious. To determine this, we must establish that they acted in a willful and wanton manner, with no regard for your safety as well as that of others.
It's essential to find an attorney who is familiar with the complexities involved in truck accidents. Insurance companies and the attorneys of the at-fault parties are frequently as wolves in sheep's clothes and will attempt to obtain statements from you that they could use against you later. You can avoid these traps by having an attorney manage your communications.