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The Process of a Truck Accident Lawsuit

Accidents involving trucks can cause serious and permanent injuries. They can result in substantial medical costs, lost wages and psychological trauma.

Your lawyer will file a Summons and Complaint against all parties liable. This process could take a few years. Because New York uses comparative fault rules, your lawyer can ensure that any shared liability is properly evaluated and distributed to defendants.

Investigations

A truck crash could be more severe than an auto crash. A truck accident could have life-altering consequences. The consequences are more complex due to the weight and size. These accidents also involve more complex investigations.

To protect their interests in the event of a crash, trucking firms or insurance companies often investigate immediately following the accident. The issue is that the injured are left to take care of their injuries and are not capable of obtaining evidence. This leaves them at a disadvantage compared to the insurance company and trucking companies.

A seasoned truck accident attorney is able to find evidence from a variety of sources which include police reports witness statements and inspections of vehicles. A skilled lawyer should not depend solely on police reports however, because these documents are typically not adequate for civil litigation. Police officers aren't taught to conduct a proper investigation and might not gather all the evidence needed to support a lawsuit.

Other kinds of data include logbook records, maintenance and service records for the truck and other equipment, data from the event data recorder (also called a black box), truck accident case and more. A competent attorney will ask both the driver of the truck and trucking company for these and other types of evidence and then carefully analyse them to determine the root of the accident.

Expert Witnesses

An expert witness can help your lawyer establish the various aspects of your truck accident case. For instance an expert in medicine can prove to your lawyer that the crash resulted in your injuries. Experts can also testify about how your injuries will impact your life-style and quality of living. Expert witnesses can also assist your lawyer assess the value of your losses, including lost income and loss of earning capacity in the future.

Your expert can review the physical evidence and explain how your injury will affect your future. An expert in medicine is a good example. They can explain how your accident may impact your physical and mental health. Another kind 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 role in the crash.

The primary role of your expert is to examine the evidence and provide an objective opinion. Certain expert witnesses could be a liability in your case when their opinions are biased or if they have ties to the defendants. Your attorney can perform an investigation into the background of the expert witness to determine any risks that could be present.

Your attorney will interview you, along with any other eyewitnesses that witnessed the incident prior to it happening. It is important to remember that the insurance companies of defendants will try to convince you to admit fault or make statements that they can twist or distort to undermine your claim.

Litigation

As with all drivers, truck drivers have a obligation to observe traffic rules and take reasonable care while driving. If they fail to comply with these rules and their carelessness causes a crash, then they could be held responsible for the injuries that victims suffer.

Our lawyer will obtain evidence from eyewitnesses as well as oral or Truck Accident case written testimony to prove that the defendant was negligent. Our team will also review other evidence, including skidmarks and points of impact. They will also conduct crash testing.

Sometimes, the cause of an accident involving a truck accident litigation can be complex and involves multiple parties. For example, if the truck accident was caused by defective equipment or improper maintenance, we may bring a lawsuit against the manufacturer of the equipment or the trucks themselves. We might also sue the repair shop or mechanic accountable for the repairs.

We will endeavor to resolve your case outside of court, however should the trucking firm or its insurance company is unwilling to make a fair settlement offer then we will prepare for trial. During the trial the judge or jury will rule on disputes such as who was responsible and the amount of compensation you'll receive. Your legal damages will be determined based on the total of your losses, which includes physical, financial, and emotional pain.

Statute of Limitations

Knowing how these cases typically take place can help you prepare for what's to come and provide you with an idea of how long it could take to resolve your case.

The process of establishing liability is among the most important steps. It is possible that a trucker who was drowsy or distracted or impaired will be held accountable for the damages you suffered. There may be other parties also accountable. For instance, if the accident was caused by poor repairs for instance, a mechanic who did the work or a business that made the truck accident case or its components could be held liable under the legal theory of respondeat superior.

You could also be entitled to damages for punitive acts if the responsible party committed an act of recklessness that was more severe. To establish this, we have to establish that the liable party was reckless to your safety, or that of others.

It's essential to find an attorney who understands the complexities involved in truck accidents. Insurance companies and attorneys representing the parties at fault are often wolves in sheep's clothing and will try to get statements from you that they could use against you in the future. You can steer clear of these pitfalls by hiring an attorney to handle your communications.