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The Process of a Truck Accident Lawsuit
Many accidents involving trucks cause severe and permanent injuries. These can lead to significant medical costs, lost wages and psychological damages.
Your lawyer will issue an Summons and Complaint to all parties liable. This process could take many years. Your lawyer can help you determine if any shared responsibility has been properly assessed and assigned.
Investigations
When someone is injured in a collision with a truck there is much more at stake than an auto accident. A truck accident could have devastating consequences for the person. The consequences are more complicated due to the weight and size. These accidents also involve more complicated investigations.
This is why trucking companies and insurance providers typically conduct their own investigations following a crash to protect their interests. The victims are left to deal with their injuries, and they are unable to collect evidence. This puts them at a disadvantage in comparison to the trucking company and insurance companies.
A truck accident lawyer with experience will search for evidence in a variety of sources, including police reports, witness testimony and inspections of vehicles. A skilled lawyer should not depend solely on police reports however, because these documents are usually not sufficient for civil litigation. Police officers aren't properly trained to conduct an appropriate investigation, and they may fail to gather all of the evidence required to file an action.
Other kinds of information include logbook records maintenance and service records for the truck as well as data from the event data recorder (also known as a black box), and more. A competent attorney will request these as well as other types of evidence from the truck driver and trucking company and carefully examine them to determine what caused the accident.
Expert Witnesses
A expert witness in a truck accident can aid your attorney in proving various elements of the case. chesapeake truck accident attorney is a good example. They can prove to your lawyer that the accident led to your injuries. Experts can be able to testify on how your injuries will affect your life-style and quality of living. Expert witnesses can help your lawyer determine the extent of your injuries which include lost income and your future earning capacity.
A medical professional can analyze the physical evidence and explain the impact of your injury on your future. For example medical experts will explain how the accident will impact you in terms of physical and mental health. Another kind of expert is a metallurgist that can analyze why a vehicle part failed. There are also experts who analyze how the weather may have caused the crash.
Your expert's role is to offer an honest and objective opinion after having examined the evidence. However, certain expert witnesses can become a liability risk in your case if they are biased or have ties to the defendants' companies. Your lawyer can conduct an investigation of the background of the expert witness to find out any potential risks.
Your lawyer will interview you, along with witnesses who were present at the accident before it happened. Be aware that the insurance companies of the defendants will attempt to convince you to admit your fault or make statements that they can twist and deform to make it appear as though they are trying to undermine your case.
Litigation
Like any other driver truck drivers also have a duty to obey traffic laws and to use reasonable care when they travel. If they do not fulfill this duty and their negligence leads to an accident, they could be held accountable for the damage to the victims of the crash.
To show the defendant's negligence our lawyer will gather a number of eyewitnesses who witnessed the crash and provide written or oral testimony about how the crash occurred. Our team will also study 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 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 try to resolve your dispute outside of the courtroom. If, however, the trucking firm or its insurance company refuses to negotiate an equitable settlement and we are unable to reach a fair settlement, we will go to trial. During the trial in court, a jury or judge will decide on the merits of the dispute such as who was responsible for the accident and what amount of compensation you must receive. The total amount of your legal damages will be determined based on your documented losses, which include physical, financial and emotional pain.
Statute of limitations
Understanding how these cases typically go about their business can help you prepare for what is to come and give you an idea of how long it may take to settle your case.
Finding out who is responsible is one of the most important steps. If the truck driver was tired or distracted, for example, it is likely they will be held responsible for the damages. There could be other parties that are equally responsible. For instance, if the crash was caused by poor repairs for instance, a mechanic who did the work or a company that made the truck or its components could be held liable under the legal theory of respondeat superior.
It's also possible the accountable party may have committed a more serious risky act, which could be grounds for you to receive punitive damages. To prove this, we must prove that they acted in a reckless, impulsive way, and with a disregard for your safety as well as that of others.
It is essential to work with a lawyer who is familiar with the complexities of truck accident cases. Insurance firms and attorneys for the at-fault party can be seen as sheepskin wolves and will attempt to convince you to make statements that they can later use against you. If you have an attorney handling all communications, you will avoid these pitfalls.
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