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The Process of a Truck Accident Lawsuit
Accidents with trucks can cause severe and permanent injuries. They can result in substantial medical expenses as well as psychological damage.
Your attorney will issue an Summons & Complaint to all parties that are responsible. The process can take a few years. Since New York uses comparative fault rules, your lawyer will ensure that any shared liability is properly evaluated and distributed to defendants.
Investigations
A truck crash can be more serious than an auto crash. The consequences of a truck crash can be life-altering and the resulting damage is more complicated due to the weight and size of a commercial truck. These accidents also require more sophisticated investigations.
To protect their interests trucking companies or insurance providers will often conduct investigations right after an accident. The issue is that the victims are left to deal with their injuries and are not being able to gather evidence. This puts them at a disadvantage in comparison to the trucking company and insurance company.
A skilled truck accident lawyer is able to find evidence from many sources which include police reports witness statements and inspections of vehicles. A knowledgeable lawyer will not just rely on police reports however, because these documents are usually not sufficient for civil litigation. Police officers aren't taught to conduct an effective investigation and could not be able to gather all the evidence required to file a lawsuit.
Other kinds of information could include logbook and maintenance records and service records from the truck. The data from the event data recording device (also known by the name black box) is also available. A competent attorney will ask the truck driver and the trucking company for these types and other types of evidence and then carefully look over them to determine cause of the accident.
Expert Witnesses
An expert witness can help your lawyer establish the various aspects of your truck accident case. For example an expert in medicine can provide evidence that the crash caused your injuries. Your expert can also testify as to how your injuries will affect your life-style and quality of living. Expert witnesses can help your lawyer calculate the value of your losses, including lost income and loss of earning capacity in the future.
Your expert can review physical evidence and discuss the consequences of your injury on your future. For example medical experts can explain how your accident will impact your physical and mental well-being. Another kind of expert is a metallurgist that can examine the reasons why a part of a car failed. Experts can determine if weather was the cause of the crash.
Your expert's responsibility 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 biased or they are associated with the defendants. Your attorney can perform an investigation into the background of the expert witness in order to identify any risks that could be present.
In addition to expert witnesses, your attorney will also speak with you and other eyewitnesses, including any witnesses who witnessed the crash taking place prior to when it happened. Be aware that the insurance companies of the defendants will attempt to get your to acknowledge your responsibility or provide statements that they can twist or alter to make your case more difficult.
Litigation
Like all drivers, truck drivers have a duty to obey traffic laws and to use reasonable care when they travel. If they fail in this obligation and their negligence results in an accident, they could be held accountable for accident damages suffered by the victims of that crash.
Our lawyer will gather evidence from eyewitnesses as well as either oral or written evidence to prove that the defendant was negligent. Our team will also examine an array of other evidence, like skid marks or points of impact, and conduct crash tests.
Sometimes the reason for an accident on the road is complicated that involves multiple parties. If the accident was caused by defective equipment, or improper maintenance, then we can sue the makers or the trucks. We might also sue the mechanic or repair shop accountable for the repairs.
We will try to resolve your case outside of the courtroom. If, however, the trucking company or its insurer does not agree to a fair settlement and we are unable to reach a fair settlement, we will go to trial. In a trial in which a judge or jury will rule on disputes like who was the culprit and what compensation you should receive. The total amount of your legal damages will be based on the losses you have documented, which include financial, physical and emotional pain.
Statute of limitations
Understanding how these cases usually are handled can help you prepare for what's to come and give you an idea of the time it might take to resolve your case.
roanoke truck accident attorney of the most important steps is to establish the liability. If the truck driver was drunk or distracted, as an example then it is likely that they will be held responsible for the damages. However, there might be other parties who are accountable as well. For instance, if the crash was caused by poor repairs, for instance, a mechanic who performed the work or a company who made the truck or its parts could be held liable in the legal concept of respondeat superior.
It is also possible that the responsible party has was guilty of a more serious reckless act that could result in punitive damages. In order to prove this, you must prove that they acted in a reckless and reckless manner that was reckless and in disregard for your safety and that of others.
It's important to work with an attorney who is familiar with the complexities of truck accidents. Insurance companies and the attorneys of the at-fault parties are frequently sheep in sheep's clothes and will attempt to obtain statements from you which they can use against you in the future. You can stay clear of these pitfalls by hiring an attorney to handle your communications.
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