The Process of a Truck Accident Lawsuit
Many accidents involving trucks cause severe and lifelong injuries. They can cause significant medical expenses, lost wages and psychological trauma.
Your attorney will issue a Summons & Complaint to all the parties responsible. The process could last for several years. Because New York uses comparative fault rules, your lawyer can ensure that any shared responsibility is properly defined and allocated to defendants.
Investigations
If someone is injured in a truck crash, there is a lot more at stake than an auto collision. A truck accident can have devastating consequences for the person. The impact is also more complex because of the weight and size. These accidents also require more intricate investigation.
To protect their interests in the event of a crash, trucking firms or insurance providers will often conduct investigations right after the incident. The victims are left to deal with their injuries and are not able to gather evidence. This puts them at a disadvantage comparison to the trucking company and insurance company.
A skilled attorney for truck accidents can find evidence from a variety of sources such as police reports, witness statements and vehicle inspections. A lawyer with experience is not relying on reports from the police since they are typically insufficient for civil litigation. Police officers aren't trained to conduct a proper investigation and may fail to gather all of the evidence required to file an action.
Other kinds of data could include logbook records and maintenance and service records from the truck. The data from the device for recording events (also called a black box) is also available. A skilled attorney will request these as well as other types of evidence from the truck driver as well as the trucking company, and then analyze them to determine what caused the accident.
Expert Witnesses
An expert witness can aid your attorney prove various elements of your truck accident case. For example an expert in medical science can provide evidence that the crash caused your injuries. Experts can be able to testify on the impact your injuries will have on your future quality-of-life. Expert witnesses can assist your lawyer determine the extent of your injuries which include lost income and future earning capacity.
Your expert can review physical evidence and explain the impact of your injury on your future. For example, a medical expert can explain how your accident will impact your physical and mental well-being. Another type of expert is a metallurgist, who can identify the reason a part of a vehicle failed. There are experts who can determine whether the weather played a part in the crash.
Your expert's role is to provide an impartial and objective opinion after examining the evidence. Certain expert witnesses could be a liability to your case when their opinions are biased or if they have ties to the defendants. Your attorney can conduct a background check to identify these risks and make sure that you have the best experts on your side.
Your lawyer will interview you, along with any other eyewitnesses who witnessed the incident prior to it happening. It is important to keep in mind that the insurance companies of the defendants will try to convince you to admit guilt or to make statements they can twist and deceive to weaken your claim.
Litigation
As with all drivers truck drivers are also required to obey traffic laws. obligation to observe traffic laws and to take reasonable care while driving. If they fail in this duty and their negligence causes a crash, they may be held liable for the damages caused by the accident to those who were injured in the collision.
Our lawyer will obtain evidence from eyewitnesses and seek either oral or written evidence to prove that the defendant was negligent. Our team will also examine a wide range of other evidences, including skid marks and areas of impact, and conduct crash tests.
Sometimes, the reason for an accident on the road is complicated and involves multiple parties. For example, if the truck accident was caused by defective equipment or improper maintenance, we might be able to sue the makers of that equipment or the trucks themselves. We could also sue the repair shop or mechanic accountable for the repairs.
We will endeavor to resolve your dispute out of court, but should the trucking firm or its insurance company is unwilling to accept an equitable settlement offer, we will 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 crash and what amount of compensation you must receive. The total amount of your legal damages will be determined based on your documented losses that include financial, physical and emotional pain.
Statute of limitations
While navigating the legal process following a truck crash can be complex, understanding how these cases usually go will help you understand the future and give you a better sense of the length of time your case may take.
One of the most crucial steps is to establish the liability. It is likely that a trucker who was drunk or distracted or impaired will be held responsible for the harm you suffered. There may be augusta truck accident attorney that are also accountable. If the accident was the result of poor repairs and/or a mechanic, then the company that manufactured the truck or its components could be held responsible under the legal theory respondeat superior.
It's also possible the liable party committed a more severe reckless act that could be grounds for you to receive punitive damages. In order to prove this, you must prove 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 involved in truck accidents. Insurance companies and at-fault parties' attorneys are frequently wolves in sheep's clothing and will try to obtain information from you that they may use against you in the future. You can steer clear of these pitfalls by having an attorney manage your communications.