The Process of a Truck Accident Lawsuit
Many truck accidents result in victims suffering lifelong and severe injuries. These can result in significant medical costs as well as psychological damage.
Your lawyer will make a Summons and Complaint against all responsible parties. This process can last several years. Your lawyer can help determine if any shared responsibility has been properly assessed and assigned.
Investigations
A truck accident can be more severe than an auto crash. A truck accident can have life-altering consequences. The impact is more complex because of the size and weight. These accidents also require more complicated investigation.
Because of this, insurance companies and trucking companies often conduct their own investigations following the incident to protect their interests. The issue is that the injured are left to manage their injuries and aren't in a position to gather evidence. This puts them at a disadvantage compared to the insurance provider and trucking company.
A skilled truck accident lawyer is able to find evidence from a variety of sources, including police reports, witness statements and vehicle inspections. A lawyer with experience will not rely on only police reports, as they are often not sufficient for civil litigation. Police officers may not be trained to conduct an investigation properly and might not gather all the evidence required to support the court case.
Other types of data include logbook entries, maintenance and service records for the truck, data from the event data recorder (also known as a black box), and more. A competent attorney will demand these as well as other types of evidence from the truck driver and trucking company, and then analyze them to determine what caused the accident.
Expert Witnesses
An expert witness can assist your lawyer to prove different elements of your truck accident case. An expert in medicine could, for instance, provide proof to your lawyer that the accident led to your injuries. Experts can also testify on how your injuries will impact your future quality of life. Expert witnesses can help your lawyer determine your damages which include lost income and your future earning capacity.
Your expert can review physical evidence and discuss the consequences of your injury on your future. For instance an expert in medical science can show how your accident can affect you in terms of mental and physical well-being. A metallurgist, for instance, is another kind of expert who will analyze the reasons why a vehicle component failed. There are also experts who can analyze how the weather may have contributed to the crash.
The role of an expert witness is to give an impartial and objective view after analyzing the evidence. However, certain experts can be a liability risk in your case if they are biased or have ties to the defendant's businesses. Your lawyer can conduct an investigation of the background of the expert witness to find out any potential risks.
Alongside expert witnesses, your attorney will also interview you and other eyewitnesses, such as witnesses who witnessed the accident taking place before it occurred. It is important to remember that the defendants' insurance companies will attempt to force you to admit guilt or make statements they can twist or distort to undermine your claim.
Litigation
Truck drivers are also required to observe traffic laws and take reasonable care when driving. If they do not comply with this duty and their negligence results in an accident, they could be held accountable for the damage to those who were injured in the crash.
To prove the defendant's negligence, our lawyer will gather a array of evidence from witnesses who witnessed the crash and provide either oral or written testimony regarding how the collision occurred. pontiac truck accident lawyer will also examine an array of other evidence, like skid marks and areas of impact, and conduct crash tests.
Sometimes the cause of an accident involving a truck is complex and involves multiple parties. If the truck crash was caused by defective equipment or maintenance that was not done properly, we could sue the manufacturer or the trucks. We could also sue the mechanic or repair shop who performed the repairs.
We will try to resolve your case without going to court. However, if the trucking firm or its insurer does not agree to a fair settlement and we are unable to reach a fair settlement, we will go to trial. During a trial in which a judge or jury will decide on disputed issues like who was the culprit and what compensation you should get. The total amount of your legal damages will be based on your documented losses that include physical, financial and emotional suffering.
Statute of limitations
Although navigating the legal system after a truck accident can be complex, understanding how these cases usually go can help you prepare for what's to come and give you a better idea of how long your case could take.
Finding out who is responsible is one of the most important steps. If the truck driver was drunk or distracted, for example, it is likely they will be held responsible for your damages. There may be other parties also liable. For instance, if the accident was caused by poor repairs such as a mechanic who did the work or a business who made the truck or its components might be held responsible in the legal concept of respondeat superior.
It's also possible that liable party committed a more severe act of recklessness, which could result in punitive damages. In order to prove this, you must prove that they acted in a willful and wanton manner that was reckless and in disregard for your safety and that of others.
It's crucial to work with an attorney who is knowledgeable with the complexities involved in truck accident cases. Insurance companies and attorneys representing the parties at fault are frequently the wolves in sheep's clothing who will try to get statements from you that they may use against you in the future. You can avoid these traps by having an attorney manage your communications.