The Process of a Truck Accident Lawsuit
Many accidents involving trucks cause serious and lifelong injuries. These can lead to significant medical costs, lost wages and psychological damage.
Your lawyer will file an Summons and Complaint against all parties liable. The process can take a few years. Since New York uses comparative fault rules, your lawyer can ensure that any shared responsibility is correctly evaluated and distributed to defendants.
Investigations
A truck crash could be more serious than a car accident. A truck accident could have devastating consequences for the person. The impact is more complex because of the weight and size. These accidents also require more sophisticated investigations.
Because of this, insurance companies and trucking firms often conduct investigations following the incident to protect their interests. The issue is that the victims are left to deal with their injuries, and aren't able to collect evidence. This leaves them at a disadvantage compared to the insurance provider and trucking companies.
A skilled truck accident lawyer is able to find evidence from a variety of sources such as police reports, witness statements and inspections of vehicles. A lawyer who is experienced will not rely on reports from the police, as they are often insufficient for civil litigation. Police officers may not be trained to conduct an inquiry properly and may not gather all the evidence required for a lawsuit.
Other kinds of data could include logbook entries and maintenance and service records from the truck. The data from the device for recording events (also known as the black box) is also available. A skilled attorney will ask both the driver of the truck and trucking company for these types and other types of evidence and then carefully examine them to determine the cause of the accident.
Expert Witnesses
A truck accident expert witness can help your attorney prove various aspects of the case. An expert in medicine could, for instance, provide evidence to your lawyer that the accident caused your injuries. Experts can also testify as to how your injuries affect your quality of life in the future. Expert witnesses can help your lawyer determine the extent of your injuries like lost income and your future earning capacity.
Your doctor can look over physical evidence and explain the impact of your injury on your future. For example medical experts can demonstrate how your accident can impact you in terms of mental and physical well-being. A metallurgist is an additional type of expert who can determine the reasons why a vehicle component failed. There are experts who can determine if weather was a factor in the crash.
The role of an expert witness is to provide an impartial and objective opinion after having examined the evidence. However, some experts can be an issue in your case if they are biased or have ties to the defendant's businesses. Your lawyer can conduct a background check to identify these risks and ensure that you have the most qualified experts in your case.
In addition to expert witnesses, your attorney will also question you and other eyewitnesses, such as witnesses who witnessed the crash taking place prior to when it happened. Be aware that the insurance companies of the defendants will attempt to get your to admit your fault or provide statements that they can twist and deform to weaken your case.
Litigation
Truck drivers are also required to obey traffic laws and take reasonable care when driving. If they do not fulfill this duty and their carelessness causes a crash, they could be held liable for the accident damages suffered by the victims of that crash.
To prove the defendant's negligence, our lawyer will gather range of evidence from eyewitnesses who witnessed the crash and provide either oral or written testimony regarding the manner in which the collision took place. Our team will also study 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 maintenance that was not done properly, we could sue the manufacturer or the truck. We might also sue the mechanic or repair shop responsible for performing the repairs.
We will try to resolve your case without going to court. However, if the trucking firm or its insurer refuses a fair settlement or offer, we'll prepare to go to trial. During the trial the judge or jury will decide on any disputed issues such as who was responsible for the crash and the amount of compensation you must be awarded. The legal damages you receive will be calculated in accordance with the totality of your losses, which include financial, physical, and emotional suffering.
Statute of Limitations
Knowing how these cases typically proceed can help prepare you for what is to come and give you an idea of the time it might take to resolve your case.
Finding out who is responsible is one of the most important steps. If the truck driver was tired or distracted, as an example it is likely that they'll be held accountable for your losses. However, there may be other parties accountable as well. For instance, if the accident resulted from faulty repairs such as a mechanic who completed the work or a company who made the truck or its parts could be held responsible according to the legal doctrine of respondeat superior.
You could also be entitled to punitive damages if the responsible person acted in a manner of recklessness that was more severe. In order to prove this, you must prove that they behaved in a reckless and reckless manner that was reckless and in disregard for your safety as well as that of others.
north richland hills truck accident attorney is crucial to choose an attorney who is experienced with the complexities of truck accident cases. Insurance firms and attorneys for the at-fault parties are often sheepskin wolves and will try to force you to sign documents which they later use against you. You can steer clear of these pitfalls by having an attorney manage your communications.