The Process of a Truck Accident Lawsuit
Accidents with trucks can cause severe and permanent injuries. They can cause significant medical costs as well as psychological harm.
Your lawyer will issue an Summons & Complaint to all parties liable. This process could take many years. Because New York uses comparative fault rules, your lawyer will ensure that any shared responsibility is properly evaluated and distributed to defendants.
Investigations
If someone is injured in a truck accident there is much more at stake than a car crash. The effects of a crash involving a truck could be catastrophic and the impact is more complicated due to the size and weight of commercial trucks. These accidents also require more sophisticated investigation.
To protect their interests in the event of a crash, trucking firms or insurance companies will usually conduct their investigations immediately after a crash. The issue is that victims are left to take care of their injuries, and aren't being able to gather evidence. This puts them at a disadvantage in comparison to the trucking company or insurance company.
A skilled attorney for truck accidents knows to look for evidence from various sources that include police reports, witness statements and vehicle inspections. A lawyer who is knowledgeable is not relying on police reports alone as they can be insufficient for civil litigation. Police officers aren't properly trained to conduct an appropriate investigation and might not gather all the evidence needed to support an action.
Other types of information might include logbook records and maintenance and service records from the truck. The data from the device for recording events (also known as a black box) is also available. A competent attorney will request both the driver of the truck and trucking company for these and other kinds of evidence, and then examine them to determine the reason for the accident.
Expert Witnesses
A expert witness for a truck accident could assist your attorney in proving various elements of the case. For instance medical experts will provide your lawyer with evidence that the crash resulted in your injuries. Your expert may also testify as to how your injuries will impact your future quality of life. Expert witnesses can help your lawyer assess the damages which include lost income and future earning capacity.
A medical professional can analyze the physical evidence and explain how your injury will affect your future. Medical experts for instance, can explain how your accident may impact your physical and mental health. Another kind of expert is a metallurgist, who can determine the reason why a component of a vehicle failed. There are also experts who analyze how the weather may have caused the crash.
The role of an expert witness is to offer an honest and impartial opinion after having analyzed the evidence. However, some expert witnesses can become a liability risk for your case if they're biased or have connections to the defendant's businesses. Your attorney can perform a background check to find these risks and ensure that you have the most qualified expert witnesses on your side.
Aside from experts, your lawyer will also speak with you and other eyewitnesses. This includes witnesses who witnessed the accident taking place before it occurred. It is important to keep in mind that the defendants' insurance firms will try to get you to admit fault or to make claims they can twist and deceive to undermine your claim.
Litigation
Truck drivers must also adhere to traffic laws and take reasonable care when driving. If they do not fulfill this obligation and their negligence causes an accident, they could be held accountable for the damages caused by the accident to those who were injured in the collision.
Our lawyer will collect evidence from eyewitnesses and obtain written or oral evidence to prove the defendant was negligent. Our team will also review the various other evidences, including skid marks and areas of impact, and conduct crash tests.
Sometimes, the cause of an accident involving a truck is complex and involves multiple parties. For instance, if the truck crash was caused by defective equipment or inadequate maintenance, we might bring a lawsuit against the manufacturer of the equipment or the trucks themselves. We could also sue the mechanic or repair shop accountable for the repairs.
We will attempt to resolve your dispute outside of court, but if the trucking company or its insurance company is unwilling to make an acceptable settlement offer then we will prepare for trial. In trial in which a judge or jury will rule on disputes such as who was responsible and how much compensation you should get. The legal damages you receive will be calculated based on the total of your losses. This includes physical, financial, and emotional suffering.
Statute of limitations
Understanding how these cases normally proceed can help prepare you for what's to come and give you an idea of how long it may take to resolve your case.
Liability is one of the most crucial steps. If the truck driver was drunk or distracted, as an example, it is likely they will be held responsible for your losses. There could be other parties equally responsible. If toledo truck accident law firm was caused by faulty repairs, then a mechanic or company that manufactured the truck or its components could be held accountable under the legal theory of respondeat superior.
It's also possible that the responsible party has did a greater risky act, which could be grounds for you to receive punitive damages. To prove this, we need to establish that the liable party acted recklessly for your safety or that of others.
It is essential to work with an attorney who is experienced with the complexities of truck accident cases. Insurance companies and lawyers for the at-fault parties are often sheepskin wolves and will try to force you to give statements that they can later use against you. If you hire an attorney to handle all communications, you can stay clear of these traps.