The Process of a Truck Accident Lawsuit
Many truck accidents result in victims suffering serious and lifelong injuries. These accidents can lead to significant medical expenses, lost income and psychological damages.
Your attorney will make a Summons and Complaint against all parties liable. The process could last for several years. Because New York uses comparative fault rules, your lawyer can ensure that any shared responsibility is appropriately defined and allocated to defendants.
Investigations
A truck crash could be more severe than a car accident. The consequences of a truck accident can be life-changing and the resulting damage is more complex due to the size and weight of a commercial truck. These accidents also require more complex investigation.
To protect their interests in the event of a crash, trucking firms or insurance providers will often conduct investigations right after an accident. The victims are left to deal only with their injuries and are unable to collect evidence. This puts them at a disadvantage in comparison to the trucking company and insurance provider.
A lawyer for truck accidents who has experience will look for evidence in a variety of sources, such as witness testimony, police reports and vehicle inspections. A lawyer who is well-informed cannot rely solely on police reports alone because they are usually insufficient for civil litigation. Police officers might not be trained to conduct an investigation properly and they may not be able to gather all the evidence required to support an action.
Other kinds of data could include logbook records and maintenance and service records from the truck. The data from the device for recording events (also called a black box) is also available. A skilled attorney will ask the driver of the truck as well as the trucking company for these and other kinds of evidence, and then look over them to determine cause of the accident.
Expert Witnesses
A expert witness in a truck accident can aid your lawyer in proving different aspects of the case. new hampshire truck accident lawsuit in medicine could, for instance, prove to your lawyer that the accident caused your injuries. Experts can also testify on how your injuries will affect your future quality of life. Expert witnesses can assist your lawyer determine your damages which include lost income and your future earning capacity.
A medical professional can analyze the physical evidence and explain how your injuries will impact your future. For example medical experts can show how your accident will impact you in terms of mental and physical well-being. A metallurgist is a different kind of expert who can analyze the reasons why a vehicle component failed. There are also experts who can analyze how the weather may have contributed to the crash.
Your expert's responsibility is to provide an impartial and objective opinion after having examined the evidence. Certain expert witnesses could be a liability in your case when their opinions are biased or if they have ties to the defendants. Your lawyer can conduct an investigation into the background of the expert witness to determine any potential risks.
Your lawyer will interview you, as well as any other eyewitnesses who witnessed the incident prior to it happening. Be aware that the insurance companies of the defendants will try to get your to admit guilt or give statements that they can twist or alter to weaken your case.
Litigation
Just like other drivers truck drivers are also required to obey traffic laws. duty to obey traffic laws and to exercise reasonable care on the road. If they fail in this duty and their negligence causes a crash, they may be held accountable for injuries incurred by the victims of the crash.
Our attorney will collect evidence from eyewitnesses as well as written or oral testimony to prove the defendant was negligent. Our team will also look at other evidence like skidmarks and points of impact and conduct crash testing.
Sometimes, the cause of an accident involving a truck can be 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 truck. We could also sue the mechanic who performed the repairs or the repair shop.
We will attempt to settle your case outside of court. If, however, the trucking firm or its insurance company refuses to negotiate an equitable settlement then we will prepare to go to trial. During the trial the jury or judge will decide on issues that are disputed, like who was responsible for the accident and the amount of compensation you should receive. The total amount of your legal damages will be based on the losses you have documented, which comprise financial, physical and emotional pain.
Statute of limitations
Understanding how these cases typically are handled can help you prepare for what is to come and give you an idea of how long it could take to resolve your case.
One of the most important actions is to establish the responsibility. It is probable that a driver who was drunk or distracted or impaired will be held accountable for the harm you suffered. There may be other parties also liable. For instance, if a crash occurred due to poor repairs, for instance, a mechanic who did the work or a company that manufactured the truck or its components might be held responsible in the legal concept of respondeat superior.
It is also possible that the responsible party has may have committed a more serious reckless act, which might entitle you to punitive damages. To prove this, we need to establish that the liable party acted recklessly of your safety or that of others.
It is essential to work with an attorney who understands the complexities of truck accidents. Insurance companies and at-fault parties' attorneys are frequently as wolves in sheep's clothes and will try to collect statements from you that they can use against you later. You can avoid these pitfalls by having an attorney manage your communications.