The Process of a Truck Accident Lawsuit
Many truck accidents cause victims to suffer serious and lifelong injuries. They can result in substantial medical costs as well as psychological damages.
Your lawyer will issue a Summons & Complaint to all parties that are responsible. This process can take several years. Your lawyer can assist you determine if any shared responsibility has been properly assessed and assigned.
Investigations
A truck crash could be more severe than an auto collision. A truck accident can have life-changing effects. The impact is also more complex due to the weight and size. These accidents also require more intricate investigations.
Because of this, trucking companies and insurance providers often conduct investigation immediately following an accident to protect their interests. The victims are left to deal with their injuries and are unable to collect evidence. This leaves them at a disadvantage compared to the insurance provider and trucking companies.
A lawyer for truck accidents who is skilled will look for evidence from a variety of sources, such as witness testimony, police reports, and vehicle inspections. A seasoned attorney will not depend solely on police reports however, as these reports are not always sufficient for civil litigation purposes. Police officers aren't properly trained to conduct a proper investigation and could not gather all the evidence required to file the filing of a lawsuit.
Other kinds of data could include logbook records and maintenance and service records from the truck. Data from the event data recording device (also known by the name black box) is also available. An experienced attorney will ask both the driver of the truck and trucking company for these types and other types of evidence and then carefully look over them to determine cause of the accident.
Expert Witnesses
A expert witness for a truck accident could assist your attorney in proving various aspects of the case. For example medical experts can provide evidence that the crash caused your injuries. Your expert may also testify about how your injuries will affect your future quality of life. Expert witnesses can assist your lawyer determine the extent of your injuries, such as lost income and future earning capacity.
westminster truck accident lawyer can review physical evidence and discuss the consequences of your injury on your future. For example an expert in medical science can explain how your accident will impact you in terms of mental and physical well-being. Another type of expert is a metallurgist that can determine the reason why a component of a vehicle failed. There are experts who can determine if the weather was the cause of the crash.
A key role of your expert witness is to examine the evidence and offer an objective opinion. However, some expert witnesses can become a liability risk for your case if they're biased or have connections to the defendant's businesses. Your attorney can conduct an investigation into their background to determine the risks and ensure that you have the top expert witnesses available.
Your lawyer will question you, as well as any other eyewitnesses who witnessed the incident prior to it happening. It is crucial to remember that the insurance companies of defendants will try to get you to admit guilt or to make statements they can twist or distort to diminish your case.
Litigation
Truck drivers are also required to follow traffic laws and use reasonable care when driving. If they fail to do so and their negligence leads to a crash, they could be held liable for the injuries that victims suffer.
Our lawyer will gather evidence from eyewitnesses and obtain written or oral evidence to prove that the defendant was negligent. Our team will also look at a wide range of other evidence, like skid marks and points of impact, and will conduct crash tests.
Sometimes, the cause of an accident involving a truck is complex and involves multiple parties. For instance, if the truck crash was caused by defective equipment or improper maintenance, we may bring a lawsuit against the manufacturer of the equipment or the trucks themselves. We might also sue the repair shop or mechanic who performed the repairs.
We will endeavor to resolve your dispute out of court, however should the trucking firm or its insurer refuses to accept an acceptable settlement offer then we will prepare for trial. During the trial in court, a jury or judge will decide on issues that are disputed, such as who was responsible for the crash and what amount of compensation you are entitled to be awarded. The legal damages you receive will be determined based on the total of your losses, which include financial, physical, and emotional suffering.
Statute of limitations
While navigating the legal process after a truck accident can be confusing, knowing how these cases typically proceed will help you anticipate what's ahead and provide you with a better understanding of the length of time your case might take.
One of the most important actions is to establish liability. If the truck driver was tired or distracted, for example then it is likely that they'll be held accountable for the damages. There may be other parties equally responsible. If the crash was the result of poor repairs such as a mechanic or company that made the truck or its components could be held liable under the legal theory of respondeat superior.
It's also possible that accountable party may have committed a more serious act of recklessness, which might entitle you to punitive damages. To establish this, we have to prove that the responsible party acted with reckless disregard of your safety or that of others.
It is crucial to choose an attorney who is familiar with the complexities involved in truck accident cases. Insurance companies and attorneys of the at-fault parties are frequently sheep in sheep's clothes and will attempt to obtain statements from you which they can use against you later. By having an attorney manage all communications, you can avoid these pitfalls.