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The Process of a Truck Accident Lawsuit

Truck accidents can result in severe and permanent injuries. These accidents can lead to massive medical expenses, loss of income and psychological traumas.

Your attorney will file a Summons and Complaint against all responsible parties. This process could take a few years. Since New York uses comparative fault rules, your lawyer will ensure that any shared responsibility is properly evaluated and distributed to defendants.

Investigations

A truck accident case crash can be more severe than an auto crash. A truck accident law crash can have life-altering consequences. The impact is also more complex because of the weight and truck accident lawsuit 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 leaves the injured at a disadvantage to the insurance company and trucking company.

A skilled truck accident lawyer will seek evidence from numerous sources which include police reports witness statements, and inspections of vehicles. A skilled lawyer should not just rely on police reports however, as these reports are usually not sufficient for civil litigation purposes. Police officers aren't taught to conduct an appropriate investigation, and they may fail to gather all of the evidence needed to support a lawsuit.

Other kinds of data include logbook records maintenance and service records for the truck and other equipment, data from the event data recorder (also known as a black box) and more. A skilled attorney will ask the driver of the truck accident case as well as the trucking company for these and other types of evidence and then carefully analyze them to determine the causes of the accident.

Expert Witnesses

A expert witness for a truck accident could aid your lawyer in proving various aspects of the case. An expert in medicine, for example, can prove to your lawyer that the accident caused your injuries. Your expert can also testify about how your injuries will impact your life's quality of living in the future. Expert witnesses can help your lawyer calculate the amount of damages like lost income and future earning capacity.

Your expert can review physical evidence and explain the impact of your injury on your future. Medical experts for instance, can explain how your accident might impact your physical and mental health. A metallurgist, for instance, is another kind of expert who can analyze the reasons behind why a vehicle component failed. There are experts who can determine if the weather was the cause of the crash.

The primary role of your expert is to analyze the evidence and provide an objective and impartial opinion. Certain expert witnesses could be a liability for your case when their opinions are skewed or they have ties with the defendants. Your attorney can conduct a background check to find these risks and make sure that you have the top experts on your side.

Your attorney will interview you, as well as any other eyewitnesses who witnessed the accident before it happened. Be aware that the insurance companies of the defendants will try to convince you to acknowledge your responsibility or make statements which they can twist and change to make it appear as though they are trying to undermine your case.

Litigation

Like any other driver, truck drivers have a obligation to observe traffic rules and to take reasonable care when driving. If they do not follow the rules and their negligence causes an accident, then they could be held responsible for the accident damages that victims are left with.

Our lawyer will collect evidence from eyewitnesses and seek oral or written testimony to prove the defendant was negligent. Our team will also study a wide range of other evidence, Truck Accident Lawsuit such as skid marks and points of impact, as well as conduct crash tests.

Sometimes the reason for an accident on the road is complicated with multiple parties. If the truck accident was caused by defective equipment, or improper maintenance, then we can sue the makers or the trucks. We might also bring a lawsuit against the mechanic that performed the repairs or the repair shop.

We will try to settle your case outside of the courtroom. However, if the trucking company or its insurer is unwilling to accept a fair settlement and we are unable to reach a fair settlement, we will go to trial. During the trial, a judge or jury will rule on disputed issues like who was responsible for the crash and what amount of compensation you must be awarded. The legal damages you receive will be calculated based on the total of your losses, including financial, physical and emotional pain.

Statute of Limitations

Although the legal process after a truck accident can be complex, understanding the way these cases are handled will help you anticipate what is ahead and give you a better idea of the length of time your case may take.

Finding out who is responsible is one of the most crucial steps. It is probable that a driver who was drowsy or distracted or impaired will be held accountable for the harm you suffered. However, there may be other parties who are also liable. For instance, if the crash resulted from faulty repairs such as an individual mechanic who did the work or a company that made the truck or its parts might be held responsible under the legal theory of respondeat superior.

You could also be entitled to damages for punitive acts if the responsible person committed an act of recklessness that was more serious. To prove this, we need to prove that the responsible party acted in reckless disregard to your safety, or that of others.

It's important to work with an attorney who understands the complexities of truck accident attorneys accidents. Insurance firms and attorneys for the at-fault party are usually the wolves in sheepskins who try to get you to sign documents that they later use against you. You can stay clear of these pitfalls by having an attorney manage your communications.