The Process of a Truck Accident Lawsuit
Many accidents involving trucks cause severe and lifelong injuries. Accidents can result in substantial medical expenses, loss of income and psychological damages.
Your attorney will prepare a Summons and Complaint against all liable parties. This process can take several years. Because New York uses comparative fault rules, your lawyer will ensure that any shared responsibility is correctly evaluated and distributed to defendants.
Investigations
A truck crash could be more severe than an auto collision. A truck crash can have life-altering consequences. The impact is more complex due to its size and weight. These accidents also require more complex investigation.
To protect their interests the trucking companies and insurance companies often conduct investigations right after an accident. The issue is that the victims are left to manage their injuries, and aren't capable of obtaining evidence. This puts them at a disadvantage when compared to the insurance company and trucking company.
A truck accident lawyer who has experience will look for evidence in a variety sources, such as witness testimony, police reports and vehicle inspections. A lawyer with experience does not rely on the reports of police officers alone because they are usually not sufficient for civil litigation. Police officers might not be equipped to conduct an investigation properly and might not gather all the evidence required to support the court case.
virginia truck accident lawyer of records include logbook data maintenance and service records for the truck as well as data from the event data recorder (also called a black box) and more. A skilled attorney will request these as well as other types of evidence from the truck driver and the trucking company and then carefully analyze them to determine what caused the accident.
Expert Witnesses
An expert witness can assist your lawyer establish the various aspects of your truck accident case. An expert in medicine could, for instance, give evidence to your attorney that the accident resulted in your injuries. Your expert may also testify regarding how your injuries will impact your future quality-of-life. Expert witnesses can also assist your lawyer determine the worth of your damages, including lost income and loss of earning capacity in the future.
Your expert can review the physical evidence and explain how your injuries will impact your future. Medical experts, for example, can explain how your accident may affect your physical and mental health. A metallurgist is another type of expert who can determine the reasons behind why a vehicle component failed. There are experts who can determine whether the weather played a role in the crash.
The primary function of your expert witness is to evaluate the evidence and provide an objective opinion. Expert witnesses can be a liability for your case if their opinions are biased or they have connections to the defendants. Your attorney can perform a background check to identify these risks and ensure that you have the best expert witnesses on your side.
Your attorney will conduct an interview with you, as well as witnesses who were present at the incident before it occurred. It is important to keep in mind that the insurance companies of the defendants will try to get you to acknowledge fault or make statements that they can twist and alter to weaken your claim.
Litigation
Like any other driver truck drivers also have a obligation to observe traffic rules and to use reasonable care while driving. If they do not comply and their negligence results in a crash, then they could be held liable for the damage that the victims are left with.
Our lawyer will obtain evidence from eyewitnesses and seek written or oral testimony to prove the defendant was negligent. Our team will also study various other evidence, such as skid marks and points of impact, and conduct crash tests.
Sometimes, the cause of an accident involving a truck is complex and involves multiple parties. If the truck crash was caused by defective equipment or improper maintenance, we can sue the makers or the trucks. We might also claim against the mechanic who did the repairs or the repair shop.
We will try to resolve your dispute out of court, but should the trucking company or its insurance company refuses to accept a fair settlement offer, we will prepare for trial. During the trial, a judge or jury will rule on disputed issues like who was responsible for the crash and the amount of compensation you are entitled to receive. The amount of your legal damages will be based on the losses you have documented that include financial, physical, and emotional suffering.
Statute of Limitations
Although the legal process following a truck accident may be confusing, knowing the typical procedure for these cases can help you prepare for what is ahead and give you a better sense of the length of time your case may take.
The process of establishing liability is among the most crucial steps. It is likely that a trucker who was drunk, distracted, or otherwise impaired will be held responsible for the damages you suffered. There may be other parties that are also accountable. For instance, if the crash occurred due to poor repairs, for instance, an individual mechanic who did the work or a business who made the truck or its parts could be held accountable under the legal theory of respondeat superior.
You could also be entitled to damages for punitive acts if the responsible person acted in a manner of recklessness that was more acrimonious. To do this, we must establish that they acted in a reckless and impulsive manner, with no regard for your safety as well as that of others.
It's essential to find an attorney who understands the complexities of truck accidents. Insurance companies and attorneys for the at-fault parties are often the wolves in sheepskins who attempt to convince you to make statements that they can later use against you. You can steer clear of these pitfalls by hiring an attorney to manage your communications.