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The Process of a Truck Accident Lawsuit
Many truck accidents leave victims with severe and lifelong injuries. These can lead to significant medical costs as well as psychological trauma.
Your lawyer will prepare an Summons and Complaint against all liable parties. This process can take several years. Since New York uses comparative fault rules, your lawyer can ensure that any shared responsibility is correctly defined and allocated to defendants.
Investigations
A truck accident can be more serious than an auto accident. A truck crash can have life-changing effects. The consequences are more complex because of the weight and size. These incidents also require more complicated investigations.
To protect their interests trucking companies or insurance providers will often conduct investigations right after the accident. The victims are left to deal only with their injuries, and they are not able to gather evidence. This puts them at a disadvantage in comparison to the trucking company and insurance companies.
A skilled truck accident lawyer is able to find evidence from a variety of sources which include police reports witness statements and inspections of vehicles. A lawyer with experience is not relying on reports from the police, as they are often not sufficient for civil litigation. Police officers aren't trained to conduct an effective investigation and might fail to gather all of the evidence required for the filing of a lawsuit.
Other types of information might include logbook and maintenance records and service records from the truck. Data from the event data recording device (also known by the name black box) is also available. A skilled attorney will ask the driver of the truck and the trucking company for these types and other types of evidence and then carefully look over them to determine causes of the accident.
Expert Witnesses
An expert witness can assist your lawyer establish the various aspects of your truck accident case. Medical experts for instance, can give evidence to your lawyer that the accident caused your injuries. Your expert will also testify on how your injuries will affect your life in the future. Expert witnesses can assist your lawyer determine the value of your damages, which could include lost income and loss of future earning capacity.
A medical professional can examine physical evidence and discuss the consequences of your injury on your future. For instance an expert in medical science can show how your accident will impact your physical and mental well-being. Another kind of expert is a metallurgist, who can identify the reason a part of a vehicle failed. There are also experts who analyze how the weather may have caused the crash.
Your expert's role is to provide an unbiased and objective opinion after examining the evidence. Expert witnesses can be a liability to your case when their opinions are biased or they are associated with the defendants. Your attorney can perform an investigation of the background of the expert witness to determine any risks.
Your lawyer will question you, along with any other eyewitnesses who witnessed the accident prior to it taking place. You should be aware that the insurance companies of the defendants will try to convince you to admit fault or give statements that they can twist or alter to reduce your chances of winning.
Litigation
Truck drivers must also adhere to traffic laws and operate with reasonable care. If they do not follow the rules and their negligence causes an accident, they could be held accountable for the damage that victims are liable for.
To demonstrate the defendant's culpability, our attorney will gather a range of evidence from eyewitnesses who witnessed the crash and provide oral or written evidence of how the collision occurred. Our team will also look at other evidence, such as skidmarks as well as points of impact. We will also conduct crash testing.
Sometimes, the cause of an accident on the road is complicated with multiple parties. If the accident was caused by defective equipment, or improper maintenance, we could sue the manufacturer or the trucks. We could also sue the repair shop or mechanic responsible for performing the repairs.
We will attempt to resolve your case without going to the courtroom. If, however, the trucking firm or its insurer refuses a fair 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 rule on disputed issues like who was responsible for the accident and the amount of compensation you should receive. Your legal damages will be calculated in accordance with the totality of your losses, including financial, physical and emotional pain.
Statute of Limitations
While the legal process following a truck accident may be a bit complicated, knowing how these cases usually go can help you plan for what's to come and give you a better sense of the length of time your case might take.
Establishing liability is one of the most crucial steps. It is likely that a trucker who was drunk or distracted or impaired will be held accountable for the damages you have suffered. There may be other parties that are also accountable. For instance, if the accident resulted from faulty repairs, for instance, a mechanic who performed the work or a company who made the truck or its parts could be held liable according to the legal doctrine of respondeat superior.
It's also possible that person who is responsible committed a more severe reckless act, which might entitle you to punitive damages. To prove this, we need to establish that the liable party was reckless for your safety or that of others.
killeen truck accident lawyer to find an attorney who is familiar with the complexities of truck accidents. Insurance companies and attorneys for the at-fault party are usually sheepskins in wolves and will try to force you to sign statements that they later use against you. You can avoid these pitfalls by having an attorney handle your communications.
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