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 damages.
Your attorney will issue a Summons and Complaint to the parties who are liable. This process could take many years. Because New York uses comparative fault rules, your lawyer will ensure that any shared liability is properly evaluated and distributed to defendants.
Investigations
When someone is injured in a crash involving a truck, there is a lot more at stake than a car crash. The consequences of a truck accident can be life-altering and the impact is far more complicated due to the size and weight of commercial trucks. These accidents also require more sophisticated investigation.
To protect their interests trucking companies or insurance companies often conduct investigations right after the incident. The issue is that the injured are left to handle their injuries and are not in a position to gather evidence. This puts them at a disadvantage in comparison to the trucking company or insurance companies.
daly city truck wreck lawyer seasoned attorney for truck accidents will seek evidence from numerous 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 since they are typically not sufficient for civil litigation. Police officers aren't trained to conduct a proper investigation, and they may fail to gather all the evidence required for a lawsuit.
Other types of information may include logbook records and maintenance and service records from the truck. The data from the event data recording device (also known as the black box) is also available. A skilled attorney will ask the truck driver and the trucking company for these and other types of evidence, and then examine them to determine the causes of the accident.
Expert Witnesses
A expert witness in a truck accident can aid your lawyer in proving various elements of the case. A medical professional is a good example. They can give evidence to your lawyer that the accident caused your injuries. Your expert may also testify regarding how your injuries will affect your quality of life in the future. Expert witnesses can assist your lawyer calculate the amount of damages, such as lost income and your future earning capacity.
Your expert can review physical evidence and explain the impact of your injury on your future. A medical professional for instance, can explain how the accident could impact your physical and mental health. A metallurgist is an additional type of expert that can examine the reasons behind why a vehicle component failed. There are also experts who can assess the ways in which weather might have contributed to the crash.
Your expert's responsibility is to give an impartial and impartial opinion after having analyzed the evidence. Expert witnesses can be a liability in your case in the event that their opinions are biased or they are associated with the defendants. Your attorney can conduct a background check to identify these risks and ensure that you have the best expert witnesses available.
Your lawyer will interview you, as well as any other eyewitnesses who witnessed the accident before it happened. It is important to keep in mind that the defendants' insurance firms will try to convince you to admit guilt or to make claims they can twist and deceive to weaken your claim.
Litigation
Truck drivers are also required to obey traffic laws and take reasonable care when driving. If they do not comply and their negligence results in a crash, they could be held liable for the damages caused by the accident the victims suffer.
To establish the defendant's negligence, our lawyer will gather variety of evidence from eyewitnesses who witnessed the crash and give either oral or written testimony regarding the circumstances of the collision. Our team will also study various other evidence, including skid marks or points of impact, and conduct crash tests.
Sometimes, the reason for the truck crash is complex with multiple parties. If the truck accident was caused by defective equipment, or maintenance that was not done properly, we could sue the producers or the truck. We could also sue the repair shop or mechanic who performed the repairs.
We will try to resolve your dispute outside of court, but should the trucking firm or its insurance company is unwilling to accept a fair settlement offer, we will prepare for trial. In a trial the judge or jury will decide on issues that are disputed like who was the culprit and the amount of compensation you should get. Your legal damages will be determined in accordance with the totality of your losses, which include physical, financial, and emotional suffering.
Statute of Limitations
Although navigating the legal system following a crash with a truck can be complicated, understanding the typical procedure for these cases can help you prepare for the future and provide you with a better understanding of the length of time your case may take.
One of the most important actions is to establish the extent of liability. It is likely that a trucker who was drunk, distracted, or otherwise impaired will be held responsible for the damages you have suffered. However, there might be other parties who are liable as well. For instance, if the crash occurred due to poor repairs for instance, a mechanic who completed the work or a company which 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 party acted with recklessness that was more serious. To be able to prove this, you need to establish that the liable party was reckless to your safety, or that of others.
It's important to work with an attorney who understands the complexities of truck accidents. Insurance companies and attorneys for at-fault party can be seen as the wolves in sheepskins who try to force you to give statements that they can later use against you. You can avoid these pitfalls by hiring an attorney to handle your communications.