The Process of a Truck Accident Lawsuit
Many accidents involving trucks cause lifelong and severe injuries. These accidents can lead to massive medical expenses, loss of income, and psychological injuries.
Your attorney will make a Summons and Complaint against all liable parties. The process could last for several years. Because New York uses comparative fault rules, your lawyer can ensure that any shared responsibility is appropriately assessed and allocated to defendants.
Investigations
If someone is injured in a truck crash there is more at stake than in an auto accident. The consequences of a truck accident could be catastrophic and the resulting damage is more complex due to the size and weight of commercial trucks. These accidents also require more sophisticated investigations.
Due to this, insurance companies and trucking companies frequently conduct their own investigations immediately following the incident to protect their interests. The victims are left to deal only with their injuries and are not able to gather evidence. This puts them at a disadvantage comparison to the trucking company or insurance companies.
A seasoned truck accident attorney knows to look for evidence from many sources that include police reports, witness statements, and inspections of vehicles. A lawyer who is knowledgeable does not rely on the reports of police officers alone since they are typically insufficient for civil litigation. Police officers aren't taught to conduct an appropriate investigation and might not be able to gather all the evidence needed for the filing of a lawsuit.
Other types of data include logbook records, maintenance and service records for the truck, data from the event data recorder (also called a black box) and more. An experienced attorney will seek these and other forms of evidence from the truck driver as well as the trucking firm, and then thoroughly analyze the evidence to determine what led to the accident.
Expert Witnesses
An expert witness can help your lawyer to prove different elements of your truck accident case. A medical expert for instance, can give evidence to your lawyer that the crash caused your injuries. Experts can be able to testify on how your injuries will affect your future quality of life. Expert witnesses can help your lawyer determine the value of your damages, including lost income and loss of future earning capacity.
A medical professional can examine physical evidence and explain the impact of your injury on your future. An expert in medicine can, for instance, explain how your accident might affect your mental and physical health. A metallurgist is another type of expert who will analyze the reasons why a car component failed. There are also experts who can determine if the weather could have contributed to the crash.
A key role of an expert witness is to review the evidence and offer an objective opinion. Some experts could be a liability in your case when their opinions are biased or they have connections to the defendants. Your lawyer can conduct a background check to find these risks and make sure that you have the top expert witnesses on your side.
Alongside experts, your lawyer will also interview you as well as other eyewitnesses, including any people who saw the crash take place before it happened. It is important to keep in mind that the defendants' insurance companies will try to get you to acknowledge fault or make statements they can twist and deceive to deny your claim.
Litigation
Just like other drivers, truck drivers have a obligation to observe traffic laws and to exercise reasonable care while driving. If they fail to comply with these rules and their negligence results in a crash, then they could be held liable for the damages caused by the accident victims are liable for.
To prove the defendant's negligence, our attorney will gather a range of evidence from eyewitnesses who witnessed the crash and provide oral or written evidence of how the crash occurred. corona truck accident lawyer will also look at a wide range of other evidence, such as skid marks and points of collision, and conduct crash tests.
Sometimes the reason for the truck crash is complex, involving multiple parties. If the truck accident was caused by defective equipment, or improper maintenance, we could sue the producers or the trucks. We might also sue the repair shop or mechanic who performed the repairs.
We will try to settle your case outside of the courtroom. However, if the trucking company or its insurer is unwilling to accept an equitable settlement then we will prepare to go to trial. During the trial the judge or jury will rule on disputed issues such as who was responsible for the crash and what amount of compensation you are entitled to receive. The amount of your legal damages will be based on your documented losses that comprise financial, physical and emotional suffering.
Statute of Limitations
Understanding how these cases usually take place can help you prepare for what is to come and give you an idea of how long it will take to settle your case.
Establishing liability is one of the most important steps. If the truck driver was drunk or distracted, as an example, it is likely they will be held responsible for your losses. There could be other parties equally responsible. If the accident was caused by 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.
It is also possible that the accountable party did a greater risky act, which might entitle you to punitive damages. To be able to prove this, you need to prove that the responsible party acted with reckless disregard to your safety, or that of others.
It's important to work with an attorney who is familiar with the complexities of truck accidents. Insurance companies and attorneys for at-fault parties are often the wolves in sheepskins who try to force you to make statements that they can later use against you. You can avoid these pitfalls by hiring an attorney to handle your communications.