The Process of a Truck Accident Lawsuit
Accidents involving trucks can cause serious and permanent injuries. Accidents can result in significant medical expenses, lost income and psychological traumas.
Your lawyer will issue an Summons and Complaint to all the parties responsible. This process could take many years. Because New York uses comparative fault rules, your lawyer will ensure that any shared responsibility is correctly evaluated and distributed to defendants.
Investigations
A truck accident can be more severe than an auto accident. The consequences of a collision with a truck can be life-changing and the impact is more complicated due to the weight and size of commercial trucks. These accidents also require more intricate investigations.
To protect their interests trucking companies or insurance companies usually conduct their investigations immediately after an accident. The issue is that the injured are left to handle their injuries, and aren't capable of obtaining evidence. This puts them in a position of disadvantage compared to the insurance provider and trucking company.
A skilled truck accident lawyer knows to look for evidence from many sources which include police reports witness statements and vehicle inspections. A lawyer who is well-informed will not rely on the reports of police officers alone, as they are often insufficient for civil litigation. gresham truck accident lawyer might not be equipped to conduct an investigation properly and they may not be able to gather all the evidence required to support a lawsuit.
Other kinds of information could include logbook entries and maintenance and service records from the truck. Data from the device for recording events (also known as the black box) is also available. A competent attorney will demand these and other forms of evidence from the truck driver and the trucking company, and then analyze them to determine the cause of the accident.
Expert Witnesses
A expert witness from a truck accident can assist your attorney in proving various aspects of the case. Medical experts is a good example. They can provide proof to your attorney that the accident resulted in your injuries. Your expert can also testify on how your injuries will impact your life in the future. Expert witnesses can help your lawyer calculate the value of your damages, which could include 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 example medical experts can explain how your accident can impact your physical and mental health. A metallurgist is another type of expert who can analyze the reasons why a vehicle component failed. Experts can determine if the weather played a part in the crash.
A key role of an expert witness is to review the evidence and provide an unbiased opinion. However, some experts can be a liability risk for your case if they're biased or have ties to the defendant's companies. Your attorney can perform a background check on the expert witness to determine any potential risks.
Apart from experts, your lawyer will also interview you and witnesses, including people who saw the accident taking place before it occurred. It is important to keep in mind that the insurance companies of defendants will try to convince you to admit fault or to make claims they can twist or distort to undermine your claim.
Litigation
Truck drivers must also adhere to traffic laws and operate with reasonable care. If they fail to fulfill this obligation and their negligence results in an accident, they could be held accountable for the injuries incurred by those who were injured in the crash.
To demonstrate the defendant's culpability, our lawyer will collect a number of eyewitnesses who witnessed the crash and provide written or oral evidence about the manner in which the collision took place. Our team will also examine other evidence like skidmarks and points of impact, and conduct crash testing.
Sometimes, the cause of an accident involving a truck is complex and involves multiple parties. If the truck crash was caused by defective equipment or improper maintenance, we could sue the manufacturers or the trucks. We could also sue the mechanic or repair shop responsible for the repairs.
We will attempt to resolve your dispute outside of the courtroom. If, however, the trucking firm or its insurance company refuses to negotiate an equitable settlement and we are unable to reach a fair settlement, we will go to trial. During the trial the judge or jury will rule on disputed issues like who was responsible for the crash and the amount of compensation you should receive. The legal damages you receive will be determined in accordance with the totality of your losses. This includes financial, physical and emotional pain.
Statute of Limitations
Although the legal process after a truck accident can be complicated, understanding how these cases typically proceed will help you understand what's ahead and give you a better sense of the length of time your case might take.
One of the most crucial steps is establishing liability. If an truck driver was sleepy or distracted, as an example it is likely that they'll be held accountable for your damages. There could be other parties as well. For instance, if the accident was caused by poor repairs such as a mechanic who performed the work or a company that made the truck or its parts could be held liable under the legal theory of respondeat superior.
You may also be entitled to damages for punitive acts if the responsible person committed an act of recklessness that was more serious. To be able to prove this, you need to prove that the responsible party was reckless for your safety or that of others.
It is crucial to choose a lawyer who is familiar with the complexities of truck accident cases. Insurance companies and the attorneys of the at-fault parties are often sheep in sheep's clothes and will attempt to obtain statements from you that they could use against you in the future. You can avoid these traps by having an attorney manage your communications.