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The Process of a Truck Accident Lawsuit
Many truck accidents leave victims with lifelong and severe injuries. They can result in substantial medical costs as well as psychological trauma.
Your attorney will issue an Summons & Complaint to all parties that are responsible. This process could take many years. Your lawyer can assist you determine whether any shared responsibility has been properly assessed and allocated.
Investigations
When someone is injured in a truck accident, there is a lot more at stake than a car crash. A truck accident can have life-changing effects. The impact is also more complex due to the weight and size. These accidents also require more intricate investigations.
Due to this, insurance companies and trucking firms often conduct investigations right after an accident to protect their interests. The issue is that the injured are left to take care of their injuries and aren't being able to gather evidence. This puts them at a disadvantage in comparison to the trucking company or insurance companies.
A truck accident lawyer who is experienced will look for evidence in various sources, including police reports, witness testimony and inspections of vehicles. A lawyer with experience cannot rely solely on the reports of police officers alone because they are usually not sufficient for civil litigation. Police officers may not be properly trained to conduct an investigation properly and may not gather all the evidence needed to file a lawsuit.
Other kinds of data include logbook records, maintenance and service records for the truck, data from the event data recorder (also known as a black box) and many more. A skilled attorney will request these and other forms of evidence from the truck driver and the trucking company and carefully examine the evidence to determine what led to the accident.
Expert Witnesses
A truck accident expert witness can aid your attorney in proving various aspects of the case. Medical experts is a good example. They can prove to your attorney that the accident resulted in your injuries. Your expert will also testify on how your injuries will affect your quality of life in the future. Expert witnesses can also assist your lawyer calculate the value of your damages, which could include lost income and loss of future earning capacity.
A medical professional can analyze the physical evidence and explain how your injury will impact your future. An expert in medicine for instance, can explain how the accident could affect your mental and physical health. A metallurgist is a different kind of expert who can analyze the reasons why a car component failed. There are also experts who analyze how the weather may have contributed to the crash.
The primary function of your expert witness is to evaluate the evidence and give an impartial opinion. Some expert witnesses may be a liability to your case when their opinions are biased or they are associated with the defendants. Your attorney can conduct an investigation into their background to determine these risks and make sure that you have the top expert witnesses available.
Alongside expert witnesses, your attorney will also interview you and other eyewitnesses, including any people who saw the crash taking place prior to when it happened. Be aware that the insurance companies of the defendants will attempt to get your to admit your fault or make statements which they can twist and alter to make it appear as though they are trying to undermine your case.
Litigation
Truck drivers must also adhere to traffic laws and use reasonable care when driving. If they fail to comply with these rules and their negligence results in a crash, then they could be held responsible for the damages caused by the accident victims suffer.
To prove the defendant's negligence, our lawyer will collect a array of evidence from witnesses who witnessed the crash and provide oral or written evidence of the manner in which the collision took place. Our team will also study various other evidence, like skid marks and points of impact, and will conduct crash tests.
Sometimes, the cause of an accident involving a truck is complex and involves multiple parties. For instance, if the truck crash was caused by defective equipment or improper maintenance, we might be able to sue the makers of that equipment or the trucks themselves. We might also sue the mechanic or repair shop who performed the repairs.
We will try to resolve your dispute outside of court, but should the trucking company or its insurer refuses to make an appropriate settlement offer then we will prepare for trial. During the trial in court, a jury or judge will rule on disputed issues such as who was at fault for the crash and what amount of compensation you should receive. Your legal damages will be determined in accordance with the totality of your losses. This includes financial, physical, and emotional suffering.
Statute of limitations
While navigating the legal process after a truck accident can be complicated, understanding how these cases typically proceed can help you plan for the future and provide you with a better understanding of how long your case could take.
One of the most important steps is establishing the liability. It is likely that a trucker who was drunk or distracted or impaired will be held accountable for the harm you suffered. There could be other parties that are also liable. If the crash was caused by poor repairs and/or a mechanic, then the company that manufactured the truck or its components could be held accountable according to the legal theory of respondeat superior.
It's also possible the person who is responsible may have committed a more serious risky act, which could be grounds for you to receive punitive damages. In order to prove this, you must establish that they acted in a reckless and reckless way, and with a disregard for your safety and the safety of others.
jacksonville truck wreck lawyer to work with an attorney who understands the complexities involved in truck accidents. Insurance companies and the at-fault parties' attorneys are often the wolves in sheep's clothing who will try to get statements from you that they could use against you later. If you have an attorney handling all communications, it is possible to avoid these pitfalls.
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