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The Process of a Truck Accident Lawsuit

Many truck accidents leave victims with serious and lifelong injuries. These can lead to significant medical expenses as well as psychological damages.

Your attorney will prepare a Summons and Complaint against all responsible parties. The process could last for several years. Your lawyer can help determine whether any shared responsibility been properly assessed and assigned.

Investigations

If someone is injured in a truck crash there is more at stake than in an auto crash. The effects of a crash involving a truck accident lawyer can be life-altering and the impact can be more complex due to the weight and size of commercial trucks. These accidents also involve more complex investigations.

As a result, trucking companies and insurance providers frequently conduct their own investigations right after an accident to protect their interests. The victims are left to deal with their injuries, and they are not able to gather evidence. This puts them at a disadvantage in comparison to the trucking company or insurance company.

A skilled truck accident attorney accident lawyer is able to find evidence from many sources that include police reports, witness statements, and Truck Accident Lawsuit vehicle inspections. A skilled lawyer should not only rely on police reports, however, as these reports are usually not sufficient for civil litigation. Police officers may not be trained to conduct an inquiry correctly and may not collect all the evidence needed to file an action.

Other kinds of information could include logbook records, maintenance and service records from the truck. Data from the event data recording device (also known by the name black box) is also available. A competent attorney will demand these as well as other types of evidence from the truck driver and the trucking firm, and then thoroughly analyze them to determine what caused the accident.

Expert Witnesses

An expert witness can assist your lawyer prove the various elements of your truck accident case. A medical expert, for example, can prove to your attorney that the accident resulted in your injuries. Your expert can also testify as to how your injuries could affect your quality of life in the future. Expert witnesses can also assist your lawyer assess the value of your injuries, which includes 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. A medical professional, for example, can explain how the accident could affect your physical and mental health. Another kind of expert is a metallurgist who will analyze why a vehicle part failed. There are also experts who can analyze how the weather may have contributed to the crash.

Your expert's role is to provide an unbiased and objective opinion after having examined the evidence. Some experts could be a liability for your case when their opinions are biased or they have connections to the defendants. Your attorney can use an identity check to identify the risks and ensure that you have the best experts on your side.

Alongside expert witnesses, your attorney will also interview you and witnesses, including witnesses who witnessed the crash occurring before it occurred. Be aware that the insurance companies of the defendants will try to convince you to admit guilt or provide statements that they can twist and alter to reduce your chances of winning.

Litigation

Truck drivers are also required to obey traffic laws and use reasonable care when driving. If they fail to do so and their negligence results in a crash, they could be held liable for the damages caused by the accident victims suffer.

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 how the crash occurred. Our team will also examine an array of other evidence, such as skid marks and points of collision, and conduct crash tests.

Sometimes the cause of the truck accident claim crash is complex with multiple parties. For example, if the truck accident was caused by defective equipment or improper maintenance, we might sue the manufacturers of that equipment or the trucks themselves. We might also sue the mechanic who performed the repairs or the repair shop.

We will attempt to resolve your dispute outside of court. If, however, the trucking company or its insurance company refuses to negotiate an equitable settlement, we will prepare to go to trial. During the trial the jury or judge will decide on the merits of the dispute such as who was responsible for the accident and what amount of compensation you should receive. The total amount of your legal damages will be based on your documented losses that include physical, financial and emotional suffering.

Statute of Limitations

Understanding how these cases normally are handled can help you prepare for what lies ahead and give you an idea of the time it might take to settle your case.

Establishing liability is one of the most important steps. If an truck driver was sleepy or distracted, as an example it is likely that they'll be held accountable for the damages you suffered. However, there could be other parties accountable as well. If the crash was the result of poor repairs and/or a mechanic, then the company that manufactured the truck or its components could be held responsible in the context of the law governing respondeat superior.

You could also be entitled to damages for punitive harm if the accountable person committed an act of recklessness that was more severe. To be able to prove this, you need to establish that the liable party acted recklessly of your safety or that of others.

It is essential to work with a lawyer who is familiar with the complexities of truck accident cases. Insurance companies and attorneys for at-fault party can be seen as sheepskins in wolves and will attempt to convince you to make statements which they later use against you. By having an attorney handle all communications, you can avoid these pitfalls.