The Process of a Truck Accident Lawsuit
Accidents with trucks can cause severe and permanent injuries. These accidents can cause significant medical expenses, lost income and psychological damages.
Your attorney will issue an Summons & Complaint to the parties who are liable. This process can take several years. Your lawyer can assist you determine whether any shared responsibility has been properly assessed and assigned.
Investigations
When someone is injured in a crash involving a truck there is much more at stake than an auto collision. A truck accident could result in life-altering consequences. The consequences are more complex due to the weight and size. These accidents also require more complicated investigations.
To protect their interests the trucking companies and insurance providers will often conduct their investigations as soon as they are aware of the accident. The victims are left to deal with their injuries and are unable to collect evidence. This puts them at a disadvantage in comparison to the trucking company or insurance companies.
A skilled truck accident lawyer knows to look for evidence from numerous sources that include police reports, witness statements and vehicle inspections. A seasoned attorney will not just rely on police reports, however, as these documents are often inadequate for civil litigation. Police officers aren't properly trained to conduct an appropriate investigation, and they may not gather all the evidence needed for an action.
Other types of information might include logbook records and maintenance and service records from the truck. The data from the event data recording device (also known as the black box) is also available. A skilled attorney will ask the truck driver and the trucking company for these and other forms of evidence and then carefully analyse them to determine the root of the accident.
Expert Witnesses
An expert witness can aid your attorney prove various elements of your truck accident case. For example an expert in medical science can give your lawyer proof that the crash resulted in your injuries. Experts can also testify as to how your injuries will affect your life in the future. bend truck accident attorney can also assist your lawyer assess the value of your damages, which could include lost income and loss of earning capacity in the future.
Your doctor can look over physical evidence and explain the impact of your injury on your future. For example medical experts can show how your accident will impact your physical and mental health. A metallurgist is an additional type of expert that can examine the reasons behind why a vehicle component failed. Experts can determine whether the weather was a factor in the crash.
Your expert's job is to provide an impartial and objective view after analyzing the evidence. However, some experts can be a liability risk for your case if they are biased or have ties to the defendants' companies. Your attorney can conduct an identity check to identify these risks and make sure that you have the best expert witnesses on your side.
Your attorney will conduct an interview with you, along with witnesses who were present at the accident before it happened. It is important to remember that the defendants' insurance firms will attempt to force you to admit guilt or make statements that they can twist and alter to undermine your claim.
Litigation
Like all drivers truck drivers also have a obligation to follow traffic laws and to use reasonable care while driving. If they do not follow the rules and their negligence causes an accident, then they could be held responsible for the damages caused by the accident victims are liable for.
To establish the defendant's negligence, our lawyer will gather a variety of evidence from eyewitnesses who witnessed the crash and provide written or oral evidence about how the crash occurred. Our team will also examine other evidence, including skidmarks and points of impact and conduct crash testing.
Sometimes, the cause of an accident involving a truck can be complex and involves multiple parties. For instance, if the truck accident was caused by defective equipment or inadequate maintenance, we could seek to sue the producers of that equipment or the trucks themselves. We could also sue the repair shop or mechanic who performed the repairs.
We will attempt to settle your dispute out of court, however in the event that the trucking company, or its insurance company refuses to make an equitable settlement offer, we will prepare for trial. During the trial the judge or jury will decide on the merits of the dispute such as who was at fault for the accident and the amount of compensation you are entitled to be awarded. The amount of your legal damages will be based on your documented losses that include financial, physical and emotional suffering.
Statute of limitations
Knowing how these cases typically are handled can help you prepare for what's to come and provide you with an idea of the time it might take to resolve your case.
One of the most important actions is to establish the responsibility. If an truck driver was sleepy or distracted, for instance then it is likely that they'll be held accountable for your losses. There could be other parties also liable. For instance, if a crash resulted from faulty repairs such as a mechanic who completed the work or a company that made the truck or its components could be held responsible in the legal concept of respondeat superior.
It's also possible the accountable party committed a more severe act of recklessness, which could be grounds for you to receive punitive damages. To prove this, we need to prove that the responsible party acted recklessly for your safety or the safety of others.
It's essential to find an attorney who understands the complexities involved in truck accidents. Insurance companies and the lawyers representing the parties at fault are often wolves in sheep's clothing and will try to get statements from you which they can use against you later. By having an attorney manage all communications, it is possible to avoid these pitfalls.