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The Process of a Truck Accident Lawsuit
Many accidents involving trucks cause serious and lifelong injuries. These accidents can cause massive medical expenses, loss of income, and psychological damage.
Your attorney will issue a Summons & Complaint to the parties who are liable. The process can take a few years. Your lawyer can assist you determine if any shared responsibility has been properly assessed and allocated.
Investigations
A truck crash could be more serious than an auto crash. A truck crash can have life-changing effects. The impact is more complex due to the size and weight. These accidents also involve more intricate investigation.
To protect their interests trucking companies or insurance companies often investigate immediately following a crash. The issue is that the injured are left to handle their injuries and aren't being able to gather evidence. This puts the injured at a disadvantage to the insurance company and trucking company.
A skilled truck accident lawyer knows to look for evidence from various sources which include police reports witness statements, and vehicle inspections. A seasoned lawyer won't depend solely on police reports, however, as these documents are not always sufficient for civil litigation. Police officers aren't properly trained to conduct an effective investigation and could not gather all the evidence required for a lawsuit.
Other kinds of data include logbook entries maintenance and service records for the truck as well as data from the event data recorder (also known as a black box) and many more. An experienced attorney will seek these as well as other types of evidence from the truck driver as well as the trucking company and carefully examine the evidence to determine what led to the accident.
Expert Witnesses
A expert witness in a truck accident can aid your lawyer in proving various aspects of the case. A medical expert could, for instance, prove to your lawyer that the accident led to your injuries. Your expert can also testify as to how your injuries could affect your quality of life in the future. Expert witnesses can also help your lawyer determine the worth of your losses, including lost income and loss of future earning capacity.
Your expert can review physical evidence and discuss the consequences of your injury on your future. For instance medical experts can demonstrate how your accident can impact your physical and mental well-being. el cajon truck accident law firm of expert is a metallurgist, who can analyze why a vehicle part failed. There are also experts who can assess the ways in which weather might have contributed to the crash.
The primary function of your expert witness is to evaluate the evidence and provide an unbiased opinion. Some experts could be a liability for your case if their opinions are biased or they have connections to the defendants. Your attorney can perform a background check on the expert witness to identify any risks.
Your attorney will conduct an interview with you, as well as witnesses who were present at the incident prior to it happening. It is important to remember that the defendants' insurance companies will try to convince you to acknowledge fault or make statements that they can twist and deceive to deny your claim.
Litigation
Just like other drivers, truck drivers have a obligation to follow traffic laws and to use reasonable care when driving. If they do not comply and their negligence leads to a crash, they could be held accountable for the injuries that the victims are liable for.
Our lawyer will obtain evidence from eyewitnesses and seek written or oral evidence to prove the defendant was negligent. Our team will also examine an array of other evidences, including skid marks or points of impact, and conduct crash tests.
Sometimes, the reason for an accident on the road is complicated, involving multiple parties. If the truck crash was caused by defective equipment or maintenance that was not done properly, we could sue the producers or the truck. We might also sue the mechanic or repair shop responsible for performing the repairs.
We will try to resolve your dispute outside of court, but in the event that the trucking company, or its insurer refuses to make an equitable settlement offer, we will prepare for trial. During a trial the judge or jury will decide on disputed issues such as who was responsible and the amount of compensation you'll receive. The amount of your legal damages will be based on your documented losses that include financial, physical and emotional pain.
Statute of Limitations
Understanding how these cases normally proceed can help prepare you for what is to come and give you an idea of the time it might take to resolve your case.
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 suffered. There could be other parties that are also accountable. For instance, if a crash resulted from faulty repairs such as a mechanic who completed the work or a business which made the truck or its parts could be held accountable under the legal theory of respondeat superior.
It's also possible the accountable party was guilty of a more serious risky act, which might entitle you to punitive damages. To be able to prove this, we must to prove that the liable party acted recklessly for your safety or that of others.
It is important to work with an attorney who understands the complexities involved in truck accidents. Insurance companies and attorneys for at-fault party can be seen as wolves in sheepskins and will try to force you to give statements which they later use against you. If you hire an attorney to handle all communications, you can avoid these pitfalls.
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