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The Process of a Truck Accident Lawsuit
Many truck accidents result in victims suffering severe and lifelong injuries. They can cause significant medical costs as well as psychological damages.
Your attorney will issue a Summons & Complaint to all the parties responsible. The process can take a few years. Because New York uses comparative fault rules, your lawyer can ensure that any shared responsibility is correctly defined and allocated to defendants.
Investigations
If someone is injured in a collision with a truck there is much more at stake than an auto accident. The consequences of a truck accident can be life-altering and the resulting damage is more complicated due to the weight and size of a commercial truck. These accidents also require more complex investigation.
As a result, insurance companies and trucking firms frequently conduct their own investigations right after an accident to protect their interests. The issue is that the victims are left to take care of their injuries, and aren't able to collect evidence. This puts them at a disadvantage in comparison to the trucking company or insurance company.
A skilled attorney for truck accidents is able to find evidence from numerous sources such as police reports, witness statements, and inspections of vehicles. A seasoned lawyer won't just rely on police reports however, as these documents are usually not sufficient for civil litigation purposes. Police officers aren't properly trained to conduct an effective investigation and could not gather all the evidence needed to support a lawsuit.
Other types of records include logbook data, maintenance and service records for the truck, data from the event data recorder (also known as a black box) and more. A competent attorney will demand these and other forms of evidence from the truck driver and the trucking company, and then analyze them to determine the cause of the accident.
Expert Witnesses
A professional witness can help your lawyer to prove different elements of your truck accident case. For example an expert in medical science can give your lawyer proof that the crash caused your injuries. Experts will also testify on how your injuries will impact your future quality of life. Expert witnesses can assist your lawyer determine the extent of your injuries, such as lost income and your future earning capacity.
Your doctor can look over physical evidence and explain the impact of your injury on your future. Medical experts, for example, can explain how the accident could impact your physical and mental health. Another type of expert is a metallurgist who can identify the reason a part of a vehicle failed. There are stamford truck accident law firm who can determine if weather was a factor in the crash.
The primary function of your expert witness is to analyze the evidence and give an objective and impartial opinion. Some expert witnesses may be a liability for your case if their opinions are biased or they are associated with the defendants. Your lawyer can conduct a background check on the expert witness to find out any potential risks.
Your lawyer will question you, as well as witnesses who were present at the accident prior to it taking place. 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 alter to make it appear as though they are trying to undermine your case.
Litigation
Like all drivers truck drivers are also required to obey traffic laws. obligation to observe traffic laws and to take reasonable care when driving. If they fail to do so and their carelessness causes a crash, then they could be held liable for the damages caused by the accident victims are left with.
Our attorney will collect evidence from eyewitnesses as well as written or oral evidence to prove that the defendant was negligent. Our team will also study various other evidences, including skid marks and areas of collision, and conduct crash tests.
Sometimes, the reason for the truck crash is complex that involves multiple parties. If the truck crash was caused by defective equipment or maintenance that was not done properly, we could sue the manufacturers or the truck. We could also claim against the mechanic who did the repairs or the repair shop.
We will attempt to settle your case outside of the courtroom. If, however, the trucking firm or its insurer refuses a fair settlement, we will prepare to go to trial. In trial, a jury or judge will decide on disputed issues like who was the culprit and the amount of compensation you should receive. The total amount of your legal damages will be based on the losses you have documented that comprise financial, physical and emotional pain.
Statute of Limitations
While the legal process following a crash with a truck can be complicated, understanding how these cases usually go can help you prepare for what is ahead and give you a better idea of how long your case will take.
The process of establishing liability is among the most important steps. If a truck driver was drowsy or distracted, for example it is likely that they'll be held accountable for the damages. However, there could be other parties liable as well. If the accident was caused by poor repairs, then a mechanic or company that manufactured the truck or its components could be held liable under the legal theory of respondeat superior.
It's also possible the liable party committed a more severe reckless act, which could result in punitive damages. To establish this, we have to prove that the responsible party acted in reckless disregard of your safety or that of others.
It is vital to hire an attorney who is familiar with the complexities of truck accident cases. Insurance companies and lawyers representing the parties at fault are frequently the wolves in sheep's clothing who will try to get statements from you that they could use against you in the future. You can stay clear of these pitfalls by hiring an attorney to manage your communications.