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 injuries.
Your lawyer will prepare an Summons and Complaint to all the parties responsible. This process could take many years. Your lawyer can help you determine whether the shared responsibility has been properly assessed and assigned.
Investigations
A truck accident could be more severe than an auto crash. A truck crash can have life-changing consequences. The impact is more complex because of the size and weight. These accidents also involve more intricate investigations.
As a result, insurance companies and trucking companies frequently conduct their own investigations following an accident to protect their interests. The victims are left to deal with their injuries and are not able to gather evidence. This puts them at a disadvantage in comparison to the trucking company or insurance provider.
A truck accident lawyer who is experienced will look for evidence in a variety sources, such as witness testimony, police reports, and inspections of vehicles. A seasoned attorney will not rely solely on police reports however, as these reports are often inadequate for civil litigation purposes. Police officers aren't always trained to conduct an investigation properly and might not gather all the evidence required for the court case.
Other types of data include logbook entries, maintenance and service records for the truck, data from the event data recorder (also known as a black box) and more. An experienced attorney will ask the driver of the truck as well as the 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 aid your lawyer to prove different elements of your truck accident case. For example an expert in medical science can prove to your lawyer that the crash caused your injuries. Experts will also testify on how your injuries will affect your life in the future. Expert witnesses can help your lawyer determine your damages like lost income and your future earning capacity.
An expert can look over the physical evidence and explain how your injury will affect your future. For example medical experts can demonstrate how your accident will impact you in terms of physical and mental health. A metallurgist is an additional type of expert who will analyze the reasons why a vehicle component failed. Experts can determine if weather played a role in the crash.
The primary role of your expert is to evaluate the evidence and provide an objective and impartial opinion. However, some experts can be risky for your case if they are biased or have ties to the defendant's companies. Your attorney can perform an investigation of the background of the expert witness to find out any potential risks.
Your attorney will conduct an interview with you, as well as any other eyewitnesses that witnessed the accident prior to it taking place. It is crucial to remember that the defendants' insurance firms will try to get you to admit fault or make statements that they can twist and deceive to deny your claim.
Litigation
Truck drivers are also required to follow traffic laws and drive with reasonable care. If they do not comply and their negligence causes a crash, then they could be held accountable for the damages caused by the accident the victims are left with.
Our lawyer will gather evidence from eyewitnesses and seek written or oral testimony to prove the defendant was negligent. Our team will also examine other evidence, including skidmarks and points of impact and conduct crash testing.
Sometimes, the reason for an accident involving a truck can be complex and involves multiple parties. For example, if the truck accident was caused by defective equipment or inadequate maintenance, we may be able to sue the makers of that equipment or the trucks themselves. We might also sue the mechanic who made the repairs or the repair shop.
We will try to resolve your case outside of court. However, if the trucking firm or its insurer refuses a fair settlement or offer, we'll prepare to go to trial. In a trial where a judge or jury will decide on disputed issues such as who is at fault and what compensation you are entitled to. The total amount of your legal damages will be determined based on your documented losses that comprise financial, physical and emotional suffering.
Statute of limitations
Understanding how these cases normally take place can help you prepare for the future and provide you with an idea of how long it could take to resolve your case.
One of the most crucial steps is to establish the liability. It is likely that a trucker who was drowsy, distracted, or otherwise impaired will be held responsible for the damage you suffered. There may be other parties as well. For instance, if a crash was caused by poor repairs such as an individual mechanic who did the work or a company that made the truck or its components could be held responsible under the legal theory of respondeat superior.
It's also possible the accountable party was guilty of a more serious reckless act that could be grounds for you to receive punitive damages. In order to prove this, you must establish that they acted in a reckless, impulsive manner that was reckless and in disregard for your safety and the safety of others.
It's important to work with an attorney who is familiar with the complexities of truck accidents. new bedford truck wreck lawyer and attorneys representing the parties at fault are frequently wolves in sheep's clothing and will try to get statements from you that they could use against you later. By having an attorney handle all communications, it is possible to avoid these pitfalls.