The Process of a Truck Accident Lawsuit
Accidents with trucks can cause severe and permanent injuries. They can cause significant medical expenses, lost wages and psychological damages.
Your lawyer will make a Summons and Complaint to all the parties responsible. This process can take several years. Your lawyer can help you determine whether any shared responsibility has been properly assessed and assigned.
Investigations
A truck crash can be more serious than an auto crash. The consequences of a truck accident can be devastating and the impact can be more complicated due to the weight and size of commercial trucks. These accidents also require more complex investigation.
Due to this, insurance companies and trucking firms often conduct their own investigation immediately following an accident to protect their interests. The victims are left to deal only with their injuries, and they are unable to collect evidence. This puts them at a disadvantage comparison to the trucking company or insurance provider.
A skilled attorney for truck accidents can find evidence from a variety of sources, including police reports, witness statements and vehicle inspections. A lawyer who is well-informed will not rely on reports from the police, as they are often insufficient for civil litigation. Police officers aren't always trained to conduct an inquiry properly and may not gather all the evidence required for the court case.
Other types of data include logbook records maintenance and service records for the truck, data from the event data recorder (also called a black box) and many more. A competent attorney will ask the driver of the truck as well as the trucking company for these and other kinds of evidence, and then examine them to determine the root of the accident.
Expert Witnesses
An expert witness can aid your lawyer prove the various elements of your truck accident case. For danbury truck wreck lawyer can provide evidence that the crash resulted in your injuries. Your expert can also testify as to the impact your injuries could have on your quality of life in the future. Expert witnesses can help your lawyer determine the value of your damages, which could include lost income and loss of future earning capacity.
A medical professional can analyze the physical evidence and explain the impact of your injury on your future. For instance an expert in medical science can explain how your accident can impact you in terms of physical and mental health. Another kind of expert is a metallurgist, who can determine the reason why a component of a vehicle failed. There are experts who can determine whether the weather played a role in the crash.
The primary function of your expert is to evaluate the evidence and give an unbiased opinion. However, certain experts can be a liability risk in your case if they are biased or have ties to the defendants' companies. Your attorney can conduct a background check to find these risks and ensure that you have the most qualified expert witnesses on your side.
Your attorney will conduct an interview with you, along with witnesses who were present at the accident prior to it taking place. Be aware that the insurance companies of the defendants will attempt to get your to acknowledge your responsibility or provide statements that they can twist and alter to make it appear as though they are trying to undermine your case.
Litigation
Just like other drivers truck drivers also have a obligation to follow traffic laws and to use reasonable care when they travel. If they do not comply with this duty and their negligence leads to a crash, they may be held accountable for damages caused by the accident to those who were injured in the collision.
Our lawyer will gather evidence from eyewitnesses and seek either oral or written evidence to prove that the defendant was negligent. Our team will also examine other evidence like skidmarks and points of impact, and conduct crash testing.
Sometimes, the cause of an accident on the road is complicated that involves multiple parties. For instance, if the truck accident was caused due to defective equipment or insufficient maintenance, we may seek to sue the producers of that equipment or the trucks themselves. We might also claim against the mechanic who did the repairs or the repair shop.
We will attempt to resolve your case without going to the courtroom. However, if the trucking firm or its insurer does not agree to an equitable settlement, we will prepare to go to trial. During the trial the judge or jury will decide on issues that are disputed, such as who was at fault for the accident and what amount of compensation you are entitled to receive. The legal damages you receive will be calculated according to the total of your losses. This includes financial, physical, and emotional suffering.
Statute of Limitations
Although the legal process following a crash with a truck can be complicated, understanding the way these cases are handled can help you prepare for what is ahead and give you a better sense of the length of time your case may take.
Liability is one of the most crucial steps. If a truck driver was drowsy or distracted, for instance it is likely that they will be held responsible for the damages you suffered. However, there could be other parties who are equally responsible. For instance, if the crash resulted from faulty repairs, for instance, an individual mechanic who did the work or a company that made the truck or its parts could be held accountable under the legal theory of respondeat superior.
You may also be entitled to punitive damages if the responsible person committed an act of recklessness that was more serious. To establish this, we have to prove that the responsible party acted with reckless disregard for your safety or the safety of others.
It is vital to hire a lawyer who is familiar with the complexities of truck accident cases. Insurance companies and attorneys representing the parties at fault are frequently the wolves in sheep's clothing who will try to obtain information from you that they may use against you in the future. You can avoid these traps by having an attorney handle your communications.