The Process of a Truck Accident Lawsuit
Many truck accidents leave victims with severe and permanent injuries. These accidents can lead to substantial medical expenses, loss of income, and psychological injuries.
Your attorney will prepare an Summons and Complaint against all liable parties. This process could take several years. Your lawyer can assist you determine whether any shared responsibility been properly assessed and assigned.
Investigations
If someone is injured in a truck accident there is more at stake than an auto collision. A truck accident can have devastating consequences for the person. The consequences are more complicated due to the weight and size. These incidents also require more complicated investigation.
To protect their interests, trucking companies or insurance companies usually conduct their investigations as soon as they are aware of an accident. The victims are left to deal only with their injuries, and are unable to collect evidence. This puts them at a disadvantage compared to the insurance provider and trucking company.
A lawyer for truck accidents who is skilled will look for evidence in a variety of sources, including witness testimony, police reports and inspections of vehicles. A lawyer with experience is not relying on only police reports because they are usually insufficient for civil litigation. Police officers might not be trained to conduct an inquiry properly and they may not be able to gather all the evidence required to support the court case.
Other kinds of information could include logbook and maintenance records and service records from the truck. concord truck accident lawyer from the event data recording device (also called a black box) is also available. An experienced attorney will seek these and other forms of evidence from the truck driver as well as the trucking company and then carefully analyze them to determine the cause of the accident.
Expert Witnesses
A professional witness can help your lawyer to prove different elements of your truck accident case. For instance an expert in medicine can give your lawyer proof that the crash caused your injuries. Experts can also testify about the impact your injuries will have on your future quality-of-life. Expert witnesses can assist your lawyer determine the extent of your injuries including lost income and future earning capacity.
Experts can review physical evidence and discuss the consequences of your injury on your future. For instance, a medical expert will explain how the accident will affect you in terms of physical and mental well-being. Another type of expert is a metallurgist who can identify the reason a part of a vehicle failed. Experts can determine if the weather played a part in the crash.
The main function of your expert is to examine the evidence and give an objective and impartial opinion. Some expert witnesses may be a liability in your case when their opinions are biased or they have ties with the defendants. Your attorney can perform an investigation into their background to determine the risks and ensure that you have the most qualified experts in your case.
Your attorney will interview you, as well as any other eyewitnesses that witnessed the accident before it happened. You should be aware that the insurance companies of the defendants will try to convince you to admit fault or make statements which they can twist or alter to make your case more difficult.
Litigation
As with all drivers truck drivers also have a duty to obey traffic laws and to exercise reasonable care on the road. If they do not fulfill this obligation and their negligence causes a crash, they could be held accountable for the damages caused by the accident to those who were injured in the collision.
To demonstrate the defendant's culpability, our attorney will gather a variety of evidence from eyewitnesses who witnessed the crash and provide oral or written evidence of how the crash occurred. Our team will also study the various other evidence, including skid marks and areas of impact, and will conduct crash tests.
Sometimes, the cause of an accident on the road is complicated and involves multiple parties. For instance, if the truck accident was caused by defective equipment or poor maintenance, we could seek to sue the producers of that equipment or the trucks themselves. We could also sue the repair shop or mechanic accountable for the repairs.
We will attempt to settle your case out of court, however in the event that the trucking company, or its insurer is unable to make an equitable settlement offer then we will prepare for trial. During the trial the jury or judge will decide on the merits of the dispute like who was responsible for the accident and what amount of compensation you should receive. The total of your legal damages will be determined based on your documented losses, which include financial, physical, and emotional pain.
Statute of limitations
Knowing how these cases typically take place can help you prepare for the future and give you an idea of how long it will take to resolve your case.
The process of establishing liability is among the most crucial steps. It is possible that a trucker who was drunk or distracted or impaired will be held accountable for the damages you suffered. There could be other parties that are also liable. For instance, if the accident occurred due to poor repairs, for instance, a mechanic who did the work or a company who made the truck or its components 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 a lot more serious. To establish this, we have to prove that the responsible party acted recklessly for your safety or that of others.
It is essential to work with an attorney who is knowledgeable with the complexities of truck accident cases. Insurance companies and the attorneys of the at-fault parties are often wolves in sheep's clothing and will attempt to obtain statements from you which they can use against you in the future. You can avoid these pitfalls by having an attorney manage your communications.