The Process of a Truck Accident Lawsuit
Many truck accidents result in victims suffering severe and lifelong injuries. They can result in substantial medical expenses as well as psychological damage.
Your lawyer will prepare an Summons and Complaint against all parties liable. The process can take a few years. Because New York uses comparative fault rules, your lawyer will ensure that any shared liability is properly defined and allocated to defendants.
Investigations
When someone is injured in a collision with a truck there is more at stake than an auto collision. A truck crash can have life-changing effects. The impact is also more complicated due to the weight and size. These accidents also involve more complex investigations.
As a result, insurance companies and trucking firms typically conduct their own investigations right after an accident to safeguard their interests. The victims are left to deal only with their injuries, and they are not able to gather evidence. This puts them at a disadvantage in comparison to the trucking company and insurance provider.
A seasoned truck accident attorney knows to look for evidence from many sources which include police reports witness statements, and vehicle inspections. A lawyer with experience does not rely on police reports alone because they are usually insufficient for civil litigation. Police officers aren't always trained to conduct an investigation properly and may not gather all the evidence needed for an action.
Other types of information might include logbook records, maintenance and service records from the truck. Data from the device for recording events (also known as a black box) is also available. A skilled attorney will request these and other forms of evidence from the truck driver and trucking company and carefully examine the evidence to determine what led to the accident.
Expert Witnesses
An expert witness can assist your lawyer to prove different elements of your truck accident case. For instance medical experts can provide evidence that the crash caused your injuries. Experts can also testify on how your injuries will impact your life in the future. Expert witnesses can help your lawyer assess the value of your damages, including lost income and loss of earning capacity in the future.
Your expert can review the physical evidence and explain how your injuries will impact your future. A medical professional can, for instance, explain how your accident might impact your physical and mental health. Another type of expert is a metallurgist, who can determine the reason why a component of a vehicle failed. There are also experts who assess the ways in which weather might have contributed to the crash.
Your expert's responsibility is to provide an unbiased and impartial opinion after having analyzed the evidence. Some expert witnesses may be a liability for your case when their opinions are skewed or if they have ties to the defendants. Your attorney can use a background check to find these risks and make sure that you have the best expert witnesses on your side.
Your lawyer will question you, along with any other eyewitnesses that witnessed the accident before it happened. You should be aware that the insurance companies of the defendants will attempt to convince you to admit fault or provide statements that they can twist or alter to make your case more difficult.
Litigation
Just like other drivers truck drivers are also required to obey traffic laws. obligation to observe traffic rules and take reasonable care while driving. If they fail to fulfill this duty and their negligence leads to an accident, they could be held accountable for damage to the victims of the collision.
Our attorney will collect evidence from eyewitnesses and seek written or oral testimony to prove that the defendant was negligent. Our team will also look at a wide range of other evidence, such as skid marks or points of impact, and will conduct crash tests.
Sometimes the reason for a truck accident is complicated and involves multiple parties. For instance, if the truck accident was caused due to defective equipment or insufficient maintenance, we might seek to sue the producers of that equipment or the trucks themselves. We might also sue the mechanic or repair shop responsible for performing the repairs.
We will try to resolve your case outside of court. If, however, the trucking firm or its insurer does not agree to a fair settlement then we will prepare to go to trial. During the trial, a judge or jury will rule on disputed issues like who was at fault for the accident and the amount of compensation you should be awarded. lynwood truck accident lawsuit of your legal damages will be based on your documented losses, which include physical, financial and emotional suffering.
Statute of limitations
Knowing how these cases typically are handled can help you prepare for what lies ahead and provide you with an idea of how long it may take to resolve your case.
One of the most crucial steps is establishing the extent of liability. It is probable that a driver who was drowsy, distracted, or otherwise impaired will be held responsible for the damages you have suffered. There could be other parties equally responsible. For instance, if the crash resulted from poor repairs for instance, a mechanic who performed the work or a company which made the truck or its parts could be held accountable under the legal theory of respondeat superior.
It's also possible the liable party may have committed a more serious risky act, which could be grounds for you to receive punitive damages. In order to prove this, you must prove that they acted in a willful and wanton manner with a disregard for your safety and that of others.
It is vital to hire an attorney who is experienced with the complexities involved in truck accident cases. Insurance companies and attorneys for the at-fault party can be seen as wolves in sheepskins and will attempt to convince you to give statements which they later use against you. If you have an attorney handling all communications, you will stay clear of these traps.