The Process of a Truck Accident Lawsuit
Many truck accidents result in victims suffering severe and permanent injuries. These accidents can cause substantial medical expenses, loss of income, and psychological injuries.
Your attorney will issue an Summons and Complaint to the parties who are liable. This process could take a few years. Since New York uses comparative fault rules, your lawyer will ensure that any shared responsibility is correctly determined and assigned to defendants.
Investigations
A truck accident could be more severe than an auto crash. A truck crash can have life-changing consequences. The impact is also more complicated due to the weight and size. These accidents also require more complicated investigations.
To protect their interests in the event of a crash, trucking firms or insurance companies often conduct their investigations as soon as they are aware of the incident. The victims are left to deal with their injuries and are unable to collect evidence. This leaves them at a disadvantage when compared to the insurance company and trucking company.
A lawyer for truck accidents who is skilled will look for evidence from a variety of sources, such as witness testimony, police reports and vehicle inspections. A lawyer who is knowledgeable will not rely on reports from the police because they are usually insufficient for civil litigation. Police officers might not be equipped to conduct an investigation properly and might not gather all the evidence needed for a lawsuit.
Other types of information might include logbook entries and maintenance and service records from the truck. Data from the event data recording device (also known as a black box) is also available. An experienced attorney will seek these as well as other types of evidence from the truck driver and the trucking company and then carefully analyze them to determine what caused the accident.
Expert Witnesses
An expert witness can help your lawyer prove the various elements of your truck accident case. An expert in medicine, for example, can prove to your lawyer that the crash caused your injuries. Your expert can also testify as to how your injuries will impact your life's quality of living in the future. Expert witnesses can help your lawyer determine your damages, such as lost income and your future earning capacity.
A medical professional can examine physical evidence and explain the impact of your injury on your future. For example medical experts can explain how your accident will affect you in terms of physical and mental health. Another kind of expert is a metallurgist, who can analyze why a vehicle part failed. Experts can determine if weather was a factor in the crash.
Your expert's responsibility is to provide an impartial and objective opinion after having examined the evidence. However, certain expert witnesses can become a liability risk in your case if they are biased or have ties to the defendant's companies. Your lawyer can conduct an identity check to identify these risks and ensure that you have the best experts in your case.
Your lawyer will question you, as well as witnesses who were present at the accident before it happened. It is important to keep in mind that the defendants' insurance firms will attempt to force you to admit fault or to make statements they can twist and alter to diminish your case.
Litigation
Truck drivers are also required to observe traffic laws and drive with reasonable care. If they fail in this duty and their negligence results in a crash, they could be held liable for the damages caused by the accident to the victims of the crash.
Our lawyer will collect evidence from eyewitnesses and obtain written or oral evidence to prove the defendant was negligent. Our team will also review a wide range of other evidence, including skid marks and points of impact, as well as conduct crash tests.
Sometimes, the reason for an accident on the road is complicated and involves multiple parties. If the accident was caused by defective equipment, or improper maintenance, we could sue the manufacturer or the trucks. We might also sue the mechanic who performed the repairs or the repair shop.
We will attempt to resolve your case outside of court. However, if cincinnati truck wreck lawyer or its insurer does not agree to an equitable settlement then we will prepare to go to trial. During the trial the judge or jury will decide on issues that are disputed, like who was at fault for the accident and the amount of compensation you are entitled to receive. Your legal damages will be calculated in accordance with the totality of your losses, which includes physical, financial, and emotional pain.
Statute of limitations
Understanding how these cases usually take place can help you prepare for what lies ahead and provide you with an idea of how long it may take to resolve your case.
The process of establishing liability is among the most crucial steps. If a truck driver was drowsy or distracted, for example the chances are that they'll be held accountable for your damages. There may be other parties also accountable. For instance, if the accident resulted from poor repairs such as a mechanic who did the work or a company that made the truck or its components could be held accountable under the legal theory of respondeat superior.
You may also be entitled to damages for punitive if the guilty person acted in a manner of recklessness that was more acrimonious. To prove this, we need to prove that the liable party was reckless for your safety or the safety of others.
It is vital to hire an attorney who is familiar with the complexities of truck accident cases. Insurance firms and attorneys for the at-fault parties are often wolves in sheepskins and will attempt to convince you to sign statements which they later use against you. You can stay clear of these pitfalls by hiring an attorney to manage your communications.