The Process of a Truck Accident Lawsuit
Accidents involving trucks can cause serious and permanent injuries. These can lead to significant medical costs, lost wages and psychological damage.
Your lawyer will issue an Summons and Complaint to the parties who are liable. This process could 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
A truck accident can be more serious than an auto accident. The consequences of a truck accident can be life-changing and the impact can be more complex due to the size and weight of a commercial truck. These accidents also require more intricate investigation.
Due to this, trucking companies and insurance providers often conduct investigation immediately following the incident to protect their interests. The problem is that victims are left to take care of their injuries and are not able to collect evidence. This leaves them at a disadvantage when compared to the insurance company and trucking company.
A truck accident lawyer who is skilled will look for evidence from a variety of sources, including witness testimony, police reports, and inspections of vehicles. A lawyer who is well-informed does not rely on the reports of police officers alone, as they are often insufficient 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 required for the court case.
Other kinds of data include logbook entries maintenance and service records for the truck and the event data recorder (also known as a black box) and many more. A skilled attorney will ask the driver of the truck and the trucking company for these types and other types of evidence and then carefully look over them to determine causes of the accident.
Expert Witnesses
An expert witness can assist your lawyer establish the various aspects of your truck accident case. For instance medical experts can provide evidence that the crash resulted in your injuries. Your expert may also testify regarding how your injuries will impact your quality of life in the future. lake forest truck accident attorney can assist your lawyer calculate the amount of damages which include lost income and future earning capacity.
Experts can review physical evidence and discuss the consequences of your injury on your future. A medical professional can, for instance, explain how the accident could affect your mental and physical health. A metallurgist is a different kind of expert that can examine the causes behind why a component failed. Experts can determine if the weather played a part in the crash.
A key role of your expert witness is to review the evidence and give an impartial opinion. Some expert witnesses may be a liability in your case in the event that their opinions are biased or they have ties with the defendants. Your attorney can perform a background check on the expert witness to determine any risks that could be present.
In addition to experts, your lawyer will also interview you and other eyewitnesses, including any witnesses who witnessed the accident taking place before it happened. You should be aware that the insurance companies of the defendants will try to convince you to acknowledge your responsibility or provide statements that they can twist and alter to weaken your case.
Litigation
Truck drivers must also adhere to traffic laws and take reasonable care when driving. If they do not follow the rules and their negligence results in a crash, then they could be held accountable for the accident damages that the victims are left with.
To establish the defendant's negligence, our lawyer will gather a range of evidence from eyewitnesses who witnessed the crash and provide oral or written evidence of how the crash occurred. Our team will also review various other evidences, including skid marks and areas of impact, and conduct crash tests.
Sometimes, the reason for an accident involving a truck can be complex and involves multiple parties. For example, if the truck accident was caused by defective equipment or inadequate maintenance, we could sue the manufacturers of that equipment or the trucks themselves. We might also sue the repair shop or mechanic accountable for the repairs.
We will attempt to settle your case outside of the courtroom. However, if the trucking company or its insurance company refuses to negotiate an equitable settlement then we will prepare to go to trial. During the trial in court, a jury or judge will rule on disputed issues like who was responsible for the accident and the amount of compensation you must receive. Your legal damages will be determined according to the total of your losses, which include financial, physical and emotional pain.
Statute of Limitations
While navigating the legal process following a truck accident may be complex, understanding how these cases typically proceed can help you prepare for what's to come and give you a better idea of the length of time your case may take.
One of the most crucial actions is to establish the liability. If the truck driver was drunk or distracted, for example it is likely that they will be held responsible for the damages you suffered. However, there could be other parties equally responsible. For instance, if the accident resulted from poor repairs such as an individual mechanic who did the work or a company that manufactured the truck or its parts could be held liable in the legal concept of respondeat superior.
It is also possible that the accountable party was guilty of a more serious act of recklessness, which could result in punitive damages. To be able to prove this, you need to establish that the liable party acted in reckless disregard for your safety or the safety of others.
It's important to work with an attorney who understands the complexities of truck accidents. Insurance companies and attorneys for the at-fault party can be seen as wolves in sheepskins and will try to get you to sign documents that they later use against you. If you have an attorney handling all communications, you will stay clear of these traps.