The Process of a Truck Accident Lawsuit
Many truck accidents cause victims to suffer severe and lifelong injuries. These accidents can cause significant medical costs, lost income, and psychological damage.
Your attorney will issue an Summons & Complaint to the parties who are liable. The process could last for several years. Your lawyer can help you determine whether any shared responsibility been properly assessed and assigned.
Investigations
When someone is injured in a collision with a truck there is much more at stake than an auto crash. A truck crash can have life-changing consequences. The consequences are more complex due to its size and weight. These accidents also involve more intricate investigation.
To protect their interests in the event of a crash, trucking firms or insurance companies will usually conduct their investigations immediately after the accident. The issue is that the injured are left to handle their injuries and aren't being able to gather evidence. This puts them at a disadvantage when compared to the insurance provider and trucking company.
A seasoned truck accident attorney will seek evidence from many sources, including police reports, witness statements, and inspections of vehicles. A lawyer who is well-informed is not relying on police reports alone as they can be insufficient for civil litigation. Police officers aren't always trained to conduct an inquiry correctly and may not collect all the evidence needed for an action.
Other kinds of data could include logbook records and maintenance and service records from the truck. cambridge truck accident law firm from the event data recording device (also known as a black box) is also available. A competent attorney will demand these and other forms of evidence from the truck driver and the trucking company and then carefully analyze the evidence to determine what led to the accident.
Expert Witnesses
A expert witness in a truck accident can assist your attorney in proving different aspects of the case. For instance medical experts can give your lawyer proof that the crash resulted in your injuries. Experts can also testify about how your injuries will impact your life-style and quality of living. Expert witnesses can help your lawyer assess the damages including lost income and your future earning capacity.
Your expert can review physical evidence and discuss the consequences of your injury on your future. For instance an expert in medical science can explain how your accident will impact your physical and mental well-being. Another type of expert is a metallurgist, who can determine the reason why a component of a vehicle failed. There are also experts who can analyze how the weather may be a factor in the crash.
The main function of your expert witness is to evaluate the evidence and offer an unbiased opinion. However, certain expert witnesses can become a liability risk for your case if they're biased or have ties to the defendants' businesses. Your lawyer can conduct a background check to find the risks and ensure that you have the most qualified experts in your case.
Your lawyer will interview you, along with any other eyewitnesses that witnessed the incident prior to it happening. You should be aware that the insurance companies of the defendants will attempt to convince you to admit fault or give statements that they can twist and deform to make it appear as though they are trying to undermine your case.
Litigation
Just like other drivers truck drivers also have a duty to obey traffic laws and to take reasonable care on the road. If they do not follow the rules and their carelessness causes an accident, then they could be held responsible for the injuries that victims are liable for.
To establish the defendant's negligence, our lawyer will gather variety of evidence from eyewitnesses who witnessed the crash and give oral or written evidence of the manner in which the collision took place. Our team will also study a wide range of other evidence, including skid marks and areas of collision, and conduct crash tests.
Sometimes the reason for an accident on the road is complicated and involves multiple parties. If the accident was caused by defective equipment, or maintenance that was not done properly, we could sue the producers or the trucks. 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 insurer does not agree to an equitable settlement and we are unable to reach a fair settlement, we will go to trial. During the trial the judge or jury will decide on the merits of the dispute such as who was responsible for the accident and the amount of compensation you should be awarded. The legal damages you receive will be determined in accordance with the totality of your losses, which include financial, physical, and emotional suffering.
Statute of limitations
Knowing how these cases typically go about their business can help you prepare for what lies ahead and provide you with an idea of how long it will take to settle your case.
One of the most crucial steps is establishing the liability. If the truck driver was tired or distracted, as an example it is likely that they'll be held accountable for your damages. There could be other parties that are also accountable. For instance, if a crash resulted from faulty repairs such as a mechanic who completed the work or a business who made the truck or its parts could be held accountable under the legal theory of respondeat superior.
It is also possible that the accountable party committed a more severe reckless act, which could result in punitive damages. To prove this, we need to establish that the liable party was reckless for your safety or that of others.
It's essential to find an attorney who understands the complexities involved in truck accidents. Insurance companies and attorneys of the at-fault parties are frequently the wolves in sheep's clothing who will try to collect statements from you that they can use against you in the future. By having an attorney manage all communications, you can avoid these pitfalls.