The Process of a Truck Accident Lawsuit
Many truck accidents leave victims with severe and lifelong injuries. They can result in substantial medical costs, lost wages and psychological damages.
Your attorney will make an Summons and Complaint to all the parties responsible. This process can last several years. Because New York uses comparative fault rules, your lawyer will ensure that any shared responsibility is appropriately determined and assigned to defendants.
Investigations
If someone is injured in a collision with a truck, there is a lot more at stake than in a car crash. A truck accident could result in devastating consequences for the person. The consequences are more complex due to its weight and size. These accidents also involve more complex investigations.
This is why trucking companies and insurance providers frequently conduct their own investigations following the incident to protect their interests. The victims are left to deal with their injuries, and are unable to collect evidence. This puts the injured at a disadvantage to the insurance provider and trucking companies.
A skilled attorney for truck accidents can find evidence from various sources such as police reports, witness statements and inspections of vehicles. A skilled lawyer should not just rely on police reports, however, since these reports are usually not sufficient for civil litigation. Police officers aren't trained to conduct an effective investigation and may fail to gather all the evidence needed to support the filing of a lawsuit.
Other kinds of information could include logbook records and maintenance and service records from the truck. Data from the event data recording device (also called a black box) is also available. A skilled attorney will ask the truck driver and the trucking company for these types and other types of evidence, and then look over them to determine reason for the accident.
Expert Witnesses
A expert witness in a truck accident can assist your attorney in proving different elements of the case. An expert in medicine is a good example. They can give evidence to your lawyer that the accident caused your injuries. Experts can also testify as to how your injuries will impact your future quality of life. bridgeport truck accident lawyer can help your lawyer assess the damages including lost income and future earning capacity.
Your expert can review physical evidence and explain the impact of your injury on your future. For instance medical experts can show how your accident can impact your physical and mental well-being. Another kind of expert is a metallurgist, who can examine the reasons why a part of a car failed. There are also experts who can analyze how the weather may have contributed to the crash.
Your expert's role is to provide an unbiased and objective opinion after examining the evidence. Certain expert witnesses could be a liability for your case when their opinions are biased or if they have ties to the defendants. Your attorney can perform a background check on the expert witness to determine any risks.
Apart from experts, your lawyer will also interview you as well as other eyewitnesses, including any people who saw the crash taking place prior to when it happened. It is important to keep in mind that the insurance companies of defendants will try to convince you to admit guilt or to make claims they can twist and distort to diminish your case.
Litigation
Truck drivers are also required to obey traffic laws and operate with reasonable care. If they do not comply with this duty and their carelessness causes an accident, they could be held accountable for the damages caused by the accident to the victims of the crash.
Our lawyer will gather evidence from eyewitnesses as well as written or oral testimony to prove that 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 reason for the truck crash is complex and involves multiple parties. For instance, if the truck accident was caused by defective equipment or poor maintenance, we might bring a lawsuit against the manufacturer of the equipment or the trucks themselves. We could also sue the mechanic who performed the repairs or the repair shop.
We will try to resolve your dispute out of court, but if the trucking company or its insurer refuses to make a fair settlement offer, we will prepare for trial. In trial where a judge or jury will decide on issues that are disputed such as who is at fault and the amount of compensation you are entitled to. The total of your legal damages will be based on the losses you have documented, which include physical, financial and emotional pain.
Statute of Limitations
Knowing how these cases typically are handled can help you prepare for the future and provide you with an idea of the time it might take to resolve your case.
The process of establishing liability is among the most crucial steps. It is probable that a driver who was drowsy, distracted, or otherwise impaired will be held responsible for the damages you suffered. There could be other parties that are equally responsible. If the accident was the result of poor repair or a mechanic, then a company that made the truck or its components could be held responsible in the context of the law governing respondeat superior.
It's also possible that the responsible party has was guilty of a more serious reckless act that could be grounds for you to receive punitive damages. To be able to prove this, you need to establish that the liable party was reckless for your safety or that of others.
It's crucial to work with an attorney who is experienced with the complexities of truck accident cases. Insurance companies and lawyers representing the parties at fault are frequently as wolves in sheep's clothes and will try to obtain information from you which they can use against you later. You can avoid these traps by having an attorney manage your communications.