The Process of a Truck Accident Lawsuit
Truck accidents can cause severe and permanent injuries. Accidents can result in massive medical expenses, loss of income and psychological damages.
Your lawyer will prepare an 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 liability is properly determined and assigned to defendants.
Investigations
A truck accident can be more serious than an auto crash. A truck crash can have life-altering consequences. The impact is also more complex due to its weight and size. These accidents also require more complex investigation.
Due to this, insurance companies and trucking firms frequently conduct their own investigation immediately following an accident to protect their interests. The problem is that victims are left to take care of their injuries and are not being able to gather evidence. This puts them in a position of disadvantage compared to the insurance company and trucking companies.
A truck accident lawyer who is skilled will look for evidence in a variety of sources, such as witness testimony, police reports, and inspections of vehicles. A skilled lawyer should not just rely on police reports, however, as these reports are often inadequate for civil litigation purposes. Police officers are not trained to conduct an appropriate investigation and might fail to gather all the evidence needed for a lawsuit.
Other kinds 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. A competent attorney will request these as well as other types of evidence from the truck driver and the trucking company and then carefully analyze them to determine what caused the accident.
Expert Witnesses
A expert witness from a truck accident can assist your attorney in proving various aspects of the case. For example an expert in medicine can prove to your lawyer that the crash resulted in your injuries. Your expert will also testify on how your injuries will impact your quality of life in the future. Expert witnesses can help your lawyer assess the damages which include lost income and future earning capacity.
Your doctor can look over physical evidence and discuss the consequences of your injury on your future. An expert in medicine can, for instance, explain how your accident may impact your physical and mental health. Another type of expert is a metallurgist that can examine the reasons why a part of a car failed. There are experts who can determine if weather was a factor in the crash.
The role of an expert witness is to provide an impartial and objective opinion after examining the evidence. Some experts could be a liability to your case in the event that their opinions are biased or they have connections to the defendants. Your attorney can perform an investigation into the background of the expert witness to determine any potential risks.
Aside from experts, your lawyer will also speak with you and other eyewitnesses, such as people who saw the crash occurring before it happened. It is important to remember that the insurance companies of defendants will try to convince you to admit fault or to make claims they can twist or distort to undermine your claim.
Litigation
Truck drivers are also required to obey traffic laws and operate with reasonable care. If they do not fulfill this duty and their negligence results in an accident, they could be held responsible for damage to the victims of that collision.
To establish the defendant's negligence, our lawyer will gather a number of eyewitnesses who witnessed the crash and provide either oral or written testimony regarding the circumstances of the collision. Our team will also study other evidence like skidmarks and points of impact. They will also conduct crash testing.
Sometimes, the cause of an accident involving a truck can be complex and involves multiple parties. If the truck accident was caused by defective equipment, or improper maintenance, then we could sue the manufacturer or the trucks. We might also claim against the mechanic who did the repairs or the repair shop.
We will try to resolve your case without going to the courtroom. However, if the trucking firm or its insurer does not agree to an equitable settlement and we are unable to reach a fair settlement, we will go to trial. During lawrence truck accident lawsuit or jury will rule on disputed issues like who was responsible for the crash and the amount of compensation you should receive. The total amount of your legal damages will be determined based on your documented losses that include physical, financial and emotional pain.
Statute of Limitations
Understanding how these cases normally go about their business can help you prepare for the future and give you an idea of the time it might take to settle your case.
One of the most crucial steps is to establish the liability. It is probable that a driver who was drunk, distracted, or otherwise impaired will be held accountable for the damage you suffered. There may be other parties also liable. For instance, if a crash was caused by poor repairs for instance, a mechanic who did the work or a company that made the truck or its components could be held liable under the legal theory of respondeat superior.
You may also be entitled to damages for punitive harm if the accountable party committed an act of recklessness that was more acrimonious. To establish this, we have to establish that the liable party acted in reckless disregard for your safety or that of others.
It is crucial to choose an attorney who is experienced with the complexities of truck accident cases. Insurance firms and attorneys for the at-fault parties are often sheepskins in wolves and will try to force you to sign statements that they later use against you. By having an attorney handle all communications, you will avoid these traps.