The Process of a Truck Accident Lawsuit
Truck accidents can result in severe and permanent injuries. These can result in significant medical costs, lost wages and psychological trauma.
Your lawyer will make a Summons and Complaint against all responsible parties. This process can take several years. Because New York uses comparative fault rules, your lawyer can ensure that any shared responsibility is correctly determined and assigned to defendants.
Investigations
A truck crash can be more serious than an auto collision. A truck crash can have life-altering consequences. The impact is more complicated due to the weight and size. These accidents also require more intricate investigations.
To protect their interests the trucking companies and insurance companies often investigate immediately following the accident. The victims are left to deal only with their injuries and are unable to collect evidence. This leaves them in a position of disadvantage compared to the insurance provider and trucking companies.
A seasoned truck accident attorney can find evidence from many sources that include police reports, witness statements, and inspections of vehicles. A seasoned lawyer won't only rely on police reports however, as these documents are often inadequate for civil litigation. Police officers aren't always equipped to conduct an investigation properly and they may not be able to gather all the evidence needed to file a lawsuit.
Other types of information may include logbook records, maintenance and service records from the truck. Data from the device for recording events (also called a black box) is also available. A competent attorney will request these as well as other types of evidence from the truck driver as well as the trucking company and carefully examine them to determine the cause of the accident.
Expert Witnesses
A expert witness for a truck accident could assist your attorney in proving different aspects of the case. For example, a medical expert can prove to your lawyer that the crash resulted in your injuries. Your expert may also testify as to how your injuries will affect your future quality-of-life. Expert witnesses can help your lawyer assess the damages like lost income and future earning capacity.
Your expert can review physical evidence and explain the impact of your injury on your future. For instance an expert in medical science can show how your accident can impact you in terms of mental and physical well-being. lawrence truck wreck lawyer , for instance, is another kind of expert who can determine the reasons why a vehicle component failed. There are experts who can determine if weather was the cause of the crash.
Your expert's role is to give an impartial and objective opinion after examining the evidence. Expert witnesses can be a liability to your case if their opinions are biased or if they have ties to the defendants. Your attorney can perform an investigation into their background to determine these risks and ensure that you have the top expert witnesses available.
Your lawyer will interview you, as well as any other eyewitnesses who witnessed the incident before it occurred. You should be aware that the insurance companies of the defendants will try to convince you to acknowledge your responsibility or give statements that they can twist and change to make your case more difficult.
Litigation
Truck drivers are also required to observe traffic laws and operate with reasonable care. If they do not comply and their negligence results in a crash, then they could be held liable for the damages caused by the accident victims are left with.
To prove the defendant's negligence, our attorney will gather a array of evidence from witnesses who witnessed the crash and give oral or written evidence of the manner in which the collision took place. Our team will also study an array of other evidence, like skid marks or points of collision, and conduct crash tests.
Sometimes, the cause of an accident involving a truck is complex and involves multiple parties. For instance, if a truck crash was caused due to defective equipment or insufficient maintenance, we may bring a lawsuit against the manufacturer of the equipment or the trucks themselves. We could also sue the repair shop or mechanic responsible for the repairs.
We will endeavor to resolve your dispute outside of court, but if the trucking company or its insurer is unable to accept an acceptable settlement offer then we will prepare for trial. During the trial in court, a jury or judge will decide on the merits of the dispute such as who was responsible for the accident and the amount of compensation you are entitled to receive. Your legal damages will be calculated by the sum of your losses, which includes financial, physical, and emotional suffering.
Statute of limitations
Knowing how these cases typically take place can help you prepare for what lies ahead and give you an idea of how long it could take to resolve your case.
Establishing liability is one of the most important steps. If the truck driver was drunk or distracted, for example, it is likely they will be held responsible for your damages. However, there may be other parties equally responsible. For instance, if the crash occurred due to poor repairs, for instance, a mechanic who performed the work or a company that made the truck or its components could be held liable in the legal concept of respondeat superior.
It's also possible that accountable party was guilty of a more serious reckless act, which could be grounds for you to receive punitive damages. To prove this, we need to establish that the liable party acted with reckless disregard of your safety or that of others.
It is important to work with an attorney who is familiar with the complexities involved in truck accidents. Insurance companies and the attorneys of the at-fault parties are often as wolves in sheep's clothes and will attempt to obtain statements from you which they can use against you later. By having an attorney handle all communications, you can stay clear of these traps.