The Process of a Truck Accident Lawsuit
Many truck accidents cause victims to suffer severe and permanent injuries. Accidents can result in substantial medical expenses, loss of income and psychological damages.
Your lawyer will issue an Summons & Complaint to all parties that are responsible. This process can last several years. Because New York uses comparative fault rules, your lawyer will ensure that any shared responsibility is correctly evaluated and distributed to defendants.
Investigations
If someone is injured in a collision with a truck there is much more at stake than an auto collision. The consequences of a truck accident can be life-changing and the impact is far more complex due to the weight and size of a commercial truck. These accidents also involve more intricate investigation.
As a result, insurance companies and trucking firms typically conduct their own investigations immediately following the incident to protect their interests. The problem is that victims are left to deal with their injuries, and aren't capable of obtaining evidence. This puts them at a disadvantage compared to the insurance provider and trucking companies.
athens truck wreck lawyer who has experience will look for evidence in various sources, such as witness testimony, police reports and inspections of vehicles. A lawyer who is experienced is not relying on the reports of police officers alone as they can be not sufficient for civil litigation. Police officers aren't taught to conduct a proper investigation and could not gather all the evidence needed to support an action.
Other types of information may include logbook and maintenance records and service records from the truck. Data from the device for recording events (also known as a black box) is also available. A competent attorney will request these and other forms of evidence from the truck driver and trucking firm, and then thoroughly analyze them to determine the cause of the accident.
Expert Witnesses
An expert witness can help your attorney prove various elements of your truck accident case. A medical professional, for example, can prove to your lawyer that the accident led to your injuries. Experts will also testify on how your injuries affect your life's quality of living in the future. Expert witnesses can also assist your lawyer determine the worth of your injuries, which includes lost income and loss of earning capacity in the future.
Experts can examine the physical evidence and explain the impact of your injury on your future. A medical professional, for example, can explain how the accident could affect your mental and physical health. Another type of expert is a metallurgist that can identify the reason a part of a vehicle failed. Experts can determine if the weather played a part in the crash.
The main function of your expert is to examine the evidence and give an objective opinion. Some experts could be a liability for your case when their opinions are biased or if they have ties to the defendants. Your attorney can conduct a background check to identify the risks and ensure that you have the top expert witnesses available.
Alongside expert witnesses, your lawyer will also interview you and other eyewitnesses, such as witnesses who witnessed the crash taking place prior to when it occurred. It is important to remember that the insurance companies of the defendants will try to get you to acknowledge fault or to make statements they can twist and distort to diminish your case.
Litigation
Like all drivers, truck drivers have a obligation to observe traffic rules and to use reasonable care while driving. If they do not comply and their negligence leads to an accident, then they could be held responsible for the damage that victims suffer.
Our lawyer will obtain evidence from eyewitnesses and obtain oral or written testimony to prove the defendant was negligent. Our team will also look at various other evidences, including skid marks and areas of impact, and will conduct crash tests.
Sometimes, the cause of a truck accident is complicated, involving multiple parties. If the accident was caused by defective equipment, or maintenance that was not done properly, we could sue the manufacturer or the trucks. We might also sue the repair shop or mechanic responsible for the repairs.
We will attempt to settle your dispute out of court, however if the trucking company or its insurer is unable to accept an appropriate settlement offer and we prepare for trial. During the trial in court, a jury or judge will decide on issues that are disputed, such as who was at fault for the crash and the amount of compensation you should receive. The total of your legal damages will be based on your documented losses, which comprise financial, physical and emotional pain.
Statute of limitations
While the legal process following a truck crash can be confusing, knowing the way these cases are handled will help you anticipate what is ahead and give you a better idea of the length of time your case may take.
One of the most crucial steps is establishing the liability. If a truck driver was drowsy or distracted, for example it is likely that they will be held responsible for the damages you suffered. However, there may be other parties who are also liable. For instance, if the accident resulted from faulty repairs such as a mechanic who performed the work or a business that made the truck or its parts could be held liable according to the legal doctrine of respondeat superior.
It's also possible the person who is responsible was guilty of a more serious act of recklessness, which might entitle you to punitive damages. To be able to prove this, we must to establish that the liable party acted in reckless disregard to your safety, or that of others.
It is crucial to choose an attorney who is knowledgeable with the complexities involved in truck accident cases. Insurance companies and the at-fault parties' attorneys are frequently wolves in sheep's clothing and will try to get statements from you that they could use against you later. If you hire an attorney to handle all communications, you can avoid these pitfalls.