Notes

5 Truck Accident Attorneys Myths You Should Avoid
The Process of a Truck Accident Lawsuit

Many truck accidents leave victims with lifelong and severe injuries. Accidents can result in massive medical expenses, loss of income and psychological damages.

Your lawyer will issue an Summons & Complaint to the parties who are liable. The process could last for several years. Your lawyer can assist you determine whether the shared responsibility has been properly assessed and assigned.

Investigations

If someone is injured in a collision with a truck, there is a lot more at stake than an auto crash. A truck crash can have life-changing consequences. The consequences are more complex due to the weight and size. These accidents also require more complicated investigation.

To protect their interests trucking companies or insurance companies often investigate immediately following the accident. The victims are left to deal only with their injuries, and are unable to collect evidence. This puts them at a disadvantage in comparison to the trucking company and insurance company.

A seasoned attorney for truck accidents will seek evidence from many sources which include police reports witness statements and inspections of vehicles. A lawyer who is experienced cannot rely solely on reports from the police as they can be insufficient for civil litigation. Police officers may not be trained to conduct an investigation correctly and may not collect all the evidence needed for a lawsuit.

Other kinds of data could include logbook records and maintenance and service records from the truck. Data from the event data recording device (also known as a black box) is also available. A skilled attorney will ask both the driver of the truck and trucking company for these and other forms of evidence and then carefully analyse them to determine the cause of the accident.

Expert Witnesses

An expert witness can help your lawyer to prove different elements of your truck accident case. A medical professional for instance, can provide evidence to your attorney that the accident resulted in your injuries. Your expert can also testify regarding how your injuries could affect your life-style and quality of living. Expert witnesses can also assist your lawyer assess the value of your injuries, which includes lost income and loss of earning capacity in the future.

A medical professional can analyze the physical evidence and explain the impact of your injury on your future. For instance medical experts can explain how your accident will affect your physical and mental well-being. A metallurgist is another type of expert who will analyze the causes behind why a component failed. There are also experts who can examine the way in which weather conditions could have contributed to the crash.

Your expert's role is to give an impartial and objective view after analyzing the evidence. Certain expert witnesses could be a liability for your case when their opinions are skewed or they have connections to the defendants. Your attorney can conduct a background check to identify these risks and ensure you have the top experts on your side.


Aside from experts, your lawyer will also interview you as well as other eyewitnesses. This includes witnesses who witnessed the crash taking place prior to when it occurred. Be aware that the insurance companies of the defendants will try to convince you to acknowledge your responsibility or make statements which they can twist or alter to make your case more difficult.

Litigation

Truck drivers are also required to observe traffic laws and drive with reasonable care. If they fail to fulfill this duty and their carelessness causes a crash, they may be held liable for the damages caused by the accident to those who were injured in the collision.

Our lawyer will gather evidence from eyewitnesses as well as written or oral testimony to prove the defendant was negligent. Our team will also study various other evidences, including skid marks and points of collision, and conduct crash tests.

Sometimes the cause of an accident involving a truck is complex with multiple parties. For instance, if the truck crash was caused by defective equipment or poor maintenance, we might seek to sue the producers of that equipment or the trucks themselves. We might also sue the mechanic or repair shop responsible for the repairs.

We will try to resolve your case outside of the courtroom. However, if buffalo truck accident attorney or its insurer is unwilling to accept a fair settlement then we will prepare to go to trial. During a trial the judge or jury will decide on disputed issues like who was at fault and the amount of compensation you'll receive. The total amount of your legal damages will be determined based on your documented losses that include financial, physical and emotional suffering.

Statute of limitations

Knowing how these cases typically go about their business can help you prepare for what's to come and provide you with an idea of how long it will take to settle your case.

The process of establishing liability is among the most crucial steps. If an truck driver was sleepy or distracted, for example it is likely that they'll be held accountable for your losses. There could be other parties equally responsible. If the crash was the result of poor repair and/or a mechanic, then the company that manufactured the truck or its components could be held liable under the legal theory respondeat superior.

It's also possible that the person who is responsible did a greater reckless act, which might entitle you to punitive damages. To be able to prove this, we must to prove that the responsible party was reckless for your safety or that of others.

It's important to work with an attorney who understands the complexities of truck accidents. Insurance firms and attorneys for the at-fault parties are often the wolves in sheepskins who try to get you to sign statements that they can later use against you. You can stay clear of these pitfalls by hiring an attorney to manage your communications.

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