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The Process of a Truck Accident Lawsuit
Accidents with trucks can cause severe and permanent injuries. These accidents can lead to massive medical expenses, loss of income and psychological damages.
Your lawyer will issue an Summons & Complaint to all parties that are responsible. This process can take several years. Your lawyer can assist you determine whether any shared responsibility been properly assessed and allocated.
Investigations
When someone is injured in a crash involving a truck there is more at stake than an auto crash. The consequences of a truck crash can be devastating and the impact can be more complex due to the size and weight of a commercial truck. These accidents also involve more intricate investigations.
To protect their interests the trucking companies and insurance companies will usually conduct their investigations immediately after an accident. The problem is that victims are left to handle their injuries and aren't able to collect evidence. This puts them at a disadvantage comparison to the trucking company or insurance companies.
A truck accident lawyer who is skilled will look for evidence in a variety sources, including police reports, witness testimony and inspections of vehicles. A skilled lawyer should not rely solely on police reports, however, since these reports are often inadequate for civil litigation. Police officers are not trained to conduct a proper investigation and might not gather all the evidence required to file a lawsuit.
Other kinds of data could include logbook records, maintenance and service records from the truck. Data from the event data recording device (also known as the black box) is also available. A competent attorney will request the driver of the truck and the trucking company for these and other kinds of evidence and then carefully examine them to determine the cause of the accident.
Expert Witnesses
A professional witness can help your attorney prove various elements of your truck accident case. An expert in medicine, for example, can provide proof to your attorney that the accident resulted in your injuries. Your expert may also testify about the impact your injuries will have on your life-style and quality of living. Expert witnesses can assist your lawyer determine the value of your damages, which could include lost income and loss of earning capacity in the future.
Experts can examine the physical evidence and explain the impact of your injury on your future. A medical professional is a good example. They can explain how your accident may impact your physical and mental health. Another kind of expert is a metallurgist, who can examine the reasons why a part of a car failed. There are also experts who analyze how the weather may be a factor in the crash.
Your expert's job is to provide an impartial and objective opinion after having examined the evidence. 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 determine any potential risks.
In addition to expert witnesses, your lawyer will also interview you as well as witnesses, including people who saw the crash taking place prior to when it occurred. It is crucial to remember that the insurance companies of the defendants will try to convince you to acknowledge fault or make statements they can twist and alter to diminish your case.
Litigation
Truck drivers are also required to observe traffic laws and drive with reasonable care. If they do not follow the rules and their negligence results in an accident, they could be held liable for the injuries that victims suffer.
Our lawyer will gather evidence from eyewitnesses and obtain written or oral evidence to prove that the defendant was negligent. newport beach truck accident law firm will also examine the various other evidence, including skid marks and areas of collision, and conduct crash tests.
Sometimes, the cause of a truck accident is complicated and involves multiple parties. For example, if the truck crash was caused by defective equipment or inadequate maintenance, we might be able to sue the makers of that equipment or the trucks themselves. We might also bring a lawsuit against the mechanic that performed the repairs or the repair shop.
We will endeavor to resolve your case out of court, but should the trucking company or its insurer refuses to make an appropriate settlement offer, we will prepare for trial. During the trial the judge or jury will decide on issues that are disputed, like who was responsible for the crash and what amount of compensation you should be awarded. The amount of your legal damages will be based on the losses you have documented, which include financial, physical, and emotional suffering.
Statute of limitations
While navigating the legal process following a truck crash can be a bit complicated, knowing how these cases typically proceed can help you plan for what is ahead and provide you with a better understanding of how long your case will take.
Establishing liability is one of the most crucial steps. If the truck driver was drunk or distracted, for example then it is likely that they will be held responsible for the damages you suffered. However, there may be other parties who are accountable as well. If the accident was the result of poor repairs and/or a mechanic, then the company that made the truck or its components could be held accountable under the legal theory respondeat superior.
You could also be entitled to damages for punitive acts if the responsible party acted with recklessness that was more serious. To determine this, we must prove that they acted in a reckless and impulsive manner, with no regard for your safety and the safety of others.
It's essential to find an attorney who is familiar with the complexities involved in truck accidents. Insurance firms and attorneys for the at-fault party can be seen as the wolves in sheepskins who attempt to convince you to make statements that they later use against you. If you hire an attorney to handle all communications, you can avoid these pitfalls.
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