The Process of a Truck Accident Lawsuit
Many truck accidents result in victims suffering severe and lifelong injuries. These accidents can result in significant medical costs, lost income and psychological damages.
Your attorney will prepare a Summons and Complaint against all responsible parties. This process could take a few years. Since New York uses comparative fault rules, your lawyer can ensure that any shared responsibility is appropriately determined and assigned to defendants.
Investigations
A truck crash can be more serious than a car accident. The consequences of a collision with a truck could be catastrophic and the impact can be more complex due to the weight and size of a commercial truck. These accidents also require more intricate investigation.
To protect their interests in the event of a crash, trucking firms or insurance companies usually investigate immediately following the incident. The problem is that victims are left to handle their injuries and aren't in a position to gather evidence. This puts them at a disadvantage when compared to the insurance provider and trucking companies.
A lawyer for truck accidents with experience will search for evidence in a variety of sources, including police reports, witness testimony, and inspections of vehicles. A skilled lawyer should not rely solely on police reports, however, since these reports are often inadequate for civil litigation. Police officers aren't trained to conduct an effective investigation and could not be able to gather all the evidence needed for a lawsuit.
Other types of information may include logbook and maintenance records and service records from the truck. Data from the event data recording device (also known as a black box) is also available. A skilled attorney will ask the driver of the truck as well as the trucking company for these and other kinds of evidence, and then analyze them to determine the reason for the accident.
Expert Witnesses
An expert witness can aid your lawyer establish the various aspects of your truck accident case. A medical professional could, for instance, give evidence to your attorney that the accident resulted in your injuries. Your expert can also testify as to the impact your injuries could have on your life's quality of living in the future. Expert witnesses can help your lawyer determine your damages which include lost income and future earning capacity.
Experts can examine the physical evidence and explain the impact of your injury on your future. A medical expert, for example, can explain how your accident might affect your physical and mental health. A metallurgist is a different kind of expert who will analyze the causes behind why a component failed. There are also experts who assess the ways in which weather might be a factor in the crash.
Your expert's job is to offer an honest and objective opinion after having examined the evidence. Some expert witnesses may be a liability in your case if their opinions are biased or they are associated with the defendants. Your attorney can use an investigation into their background to determine these risks and ensure that you have the best expert witnesses on your side.
Your attorney will interview you, along with any other eyewitnesses that witnessed the accident before it happened. You should be aware that the insurance companies of the defendants will try to get your to admit your fault or provide statements that they can twist and deform 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 follow traffic laws and take reasonable care on the road. If they fail to do so and their negligence leads to a crash, then they could be held accountable for the damages caused by the accident the victims are left with.
Our lawyer will gather evidence from eyewitnesses as well as written or oral testimony to prove the defendant was negligent. Our team will also study other evidence like skidmarks and points of impact and conduct crash testing.
Sometimes, the reason for an accident involving a truck is complex and involves multiple parties. If the truck accident was caused by defective equipment or maintenance that was not done properly, we could sue the manufacturers or the truck. We could also sue the mechanic who performed the repairs or the repair shop.
We will attempt to settle your dispute out of court, but should the trucking firm or its insurer refuses to make an equitable settlement offer and we prepare for trial. During the trial the jury or judge will decide on the merits of the dispute such as who was at fault for the accident and what amount of compensation you should be awarded. south gate truck accident lawsuit receive will be determined in accordance with the totality of your losses, including financial, physical and emotional pain.
Statute of limitations
While the legal process after a truck accident can be complex, understanding how these cases typically proceed will help you understand what is ahead and give you a better sense of the length of time your case may take.
Establishing liability is one of the most important steps. It is likely that a trucker who was drunk or distracted or impaired will be held accountable for the damages you suffered. However, there might be other parties who are equally responsible. For instance, if the crash resulted from faulty repairs, for instance, a mechanic who performed the work or a company who made the truck or its components might be held responsible according to the legal doctrine of respondeat superior.
It's also possible that the responsible party has was guilty of a more serious act of recklessness, which could result in punitive damages. To prove this, we must establish that they acted in a willful and wanton way, and with a disregard for your safety and that of others.
It is important to work with an attorney who understands the complexities of truck accidents. Insurance companies and the attorneys representing the parties at fault are often sheep in sheep's clothes and will try to collect statements from you which they can use against you later. You can stay clear of these pitfalls by hiring an attorney to manage your communications.