The Process of a Truck Accident Lawsuit
Many accidents involving trucks cause severe and permanent injuries. These accidents can lead to massive medical expenses, loss of income and psychological damages.
Your lawyer will issue a Summons and Complaint to the parties who are liable. The process can take a few years. Because New York uses comparative fault rules, your lawyer will ensure that any shared liability is properly determined and assigned to defendants.
Investigations
A truck accident can be more serious than an auto accident. The consequences of a truck crash can be devastating and the impact can be more complicated due to the size and weight of a commercial truck. These accidents also require more intricate investigation.
To protect their interests trucking companies or insurance companies will usually conduct their investigations immediately after a crash. The issue is that the injured are left to manage their injuries and are not in a position to gather evidence. This puts them at a disadvantage comparison to the trucking company or insurance company.
A seasoned attorney for truck accidents is able to find evidence from a variety of sources such as police reports, witness statements and vehicle inspections. A lawyer who is well-informed cannot rely solely on police reports alone as they can be insufficient for civil litigation. Police officers aren't taught to conduct an effective investigation and might not gather all the evidence required to file an action.
Other types of data include logbook entries maintenance and service records for the truck and the event data recorder (also called a black box) and more. An experienced attorney will seek these and other forms of evidence from the truck driver as well as the trucking company and then carefully analyze them to determine the cause of the accident.
Expert Witnesses
An expert witness can assist your lawyer prove the various elements of your truck accident case. For instance medical experts can give your lawyer proof that the crash caused your injuries. Your expert will also testify on how your injuries will impact your life's quality of living in the future. Expert witnesses can also assist your lawyer determine the value of your damages, including lost income and loss of future earning capacity.
Your doctor can look over physical evidence and explain the impact of your injury on your future. Medical experts is a good example. They can explain how the accident could affect your mental and physical health. Another type of expert is a metallurgist who will analyze why a vehicle part failed. There are also experts who determine if the weather could have contributed to the crash.
The primary role of your expert witness is to examine the evidence and provide an objective and impartial opinion. Some experts could be a liability for your case when their opinions are biased or they have ties with the defendants. Your attorney can perform a background check on the expert witness to find out any risks.
Alongside expert witnesses, your attorney will also speak with you and other eyewitnesses. This includes witnesses who witnessed the crash take place before it happened. It is crucial to remember that the defendants' insurance firms will try to get you to admit that they are at fault or to make statements they can twist and deceive to diminish your case.
Litigation
Like all drivers truck drivers are also required to obey traffic laws. obligation to observe traffic rules and to take reasonable care while driving. If they fail to fulfill this duty and their negligence leads to a crash, they may be held accountable for accident damages suffered by the victims of that crash.
Our attorney will collect evidence from eyewitnesses, and get oral or written testimony to prove the defendant was negligent. Our team will also examine other evidence such as skidmarks and points of impact. They will also conduct crash testing.
Sometimes the cause of a truck accident is complicated with multiple parties. If the truck accident was caused by defective equipment, or improper maintenance, then we could sue the manufacturer or the trucks. We could also claim against the mechanic who did the repairs or the repair shop.
We will attempt to resolve your dispute outside of court. However, if the trucking firm or its insurer is unwilling to accept a fair settlement, we will prepare to go to trial. During the trial in court, a jury or judge will decide on any disputed issues such as who was responsible for the crash and what amount of compensation you should receive. The total of your legal damages will be based on your documented losses that include financial, physical, and emotional suffering.
Statute of limitations
Understanding how these cases typically take place can help you prepare for what lies ahead and give you an idea of how long it will take to resolve your case.
One of the most important actions is to establish the responsibility. If the truck driver was tired or distracted, for example, it is likely they will be held responsible for the damages you suffered. However, there might be other parties accountable as well. For reading truck accident lawyer , if the crash resulted from poor repairs such as an individual mechanic who did the work or a business that made the truck or its components could be held responsible according to the legal doctrine of respondeat superior.
It is also possible that the responsible party has was guilty of a more serious risky act, which might entitle you to punitive damages. To prove this, we need to establish that the liable party acted with reckless disregard for your safety or the safety of others.
It is vital to hire an attorney who is experienced with the complexities of truck accident cases. Insurance firms and attorneys for the at-fault party are usually sheepskin wolves and will attempt to convince you to sign documents which they later use against you. By having an attorney manage all communications, you'll stay clear of these traps.