The Process of a Truck Accident Lawsuit
Many truck accidents result in victims suffering serious and lifelong injuries. These accidents can cause significant medical costs, lost income and psychological traumas.
Your attorney will make a Summons and Complaint against all parties liable. This process can last several years. Since New York uses comparative fault rules, your lawyer will ensure that any shared responsibility is appropriately evaluated and distributed to defendants.
Investigations
A truck accident could be more serious than an auto crash. The consequences of a truck crash can be devastating and the impact is more complex due to the size and weight of a commercial truck. These accidents also involve more complicated investigations.
Due to this, insurance companies and trucking firms often conduct their own investigations following an accident to safeguard their interests. The victims are left to deal only with their injuries, and are not able to gather evidence. This leaves them in a position of disadvantage compared to the insurance provider and trucking company.
A seasoned attorney for truck accidents is able to find evidence from numerous sources which include police reports witness statements, and inspections of vehicles. A lawyer who is experienced cannot rely solely on police reports alone as they can be insufficient for civil litigation. Police officers aren't trained to conduct a proper investigation and could not gather all the evidence needed for a lawsuit.
Other kinds of records include logbook data, maintenance and service records for the truck and the event data recorder (also called a black box) and more. A skilled attorney will ask the driver of the truck and the trucking company for these and other forms of evidence, and then analyse them to determine the reason for the accident.
Expert Witnesses
An expert witness can assist your lawyer prove the various elements of your truck accident case. Medical experts for instance, can prove to your lawyer that the accident caused your injuries. Your expert will also testify on how your injuries will affect your life in the future. Expert witnesses can also assist your lawyer assess the value of your damages, which could include lost income and loss of future earning capacity.
Experts can examine the physical evidence and explain how your injury will impact your future. Medical experts, for example, can explain how your accident might affect your physical and mental health. A metallurgist, for instance, is another kind of expert who can analyze the reasons why a car component failed. There are also experts who assess the ways in which weather might be a factor in the crash.
Your expert's job is to provide an unbiased and objective opinion after having examined the evidence. However, some expert witnesses could be an issue in your case if they're biased or have connections to the defendant's companies. Your attorney can conduct a background check to find the risks and ensure that you have the most qualified expert witnesses on your side.
Your lawyer will question you, as well as any other eyewitnesses that witnessed the accident before it happened. It is crucial to remember that the insurance companies of defendants will try to get you to admit fault or make statements they can twist and alter to weaken your claim.
Litigation
Truck drivers must also adhere to traffic laws and use reasonable care when driving. If they do not comply with this obligation and their carelessness causes a crash, they could be held responsible for accident damages suffered by the victims of the collision.
Our lawyer will gather evidence from eyewitnesses, and get written or oral testimony to prove the defendant was negligent. Our team will also examine a wide range of other evidence, including skid marks and points of impact, and will conduct crash tests.
Sometimes the reason for the truck crash is complex and involves multiple parties. For instance, if a truck crash was caused by defective equipment or inadequate maintenance, we might be able to sue the makers of that equipment or the trucks themselves. We could also sue the mechanic or repair shop who performed the repairs.
We will attempt to resolve your case without going to court. If, however, the trucking company or its insurance company refuses to negotiate a fair settlement or offer, we'll prepare to go to trial. During the trial in which a judge or jury will decide on issues that are disputed such as who was responsible and how much compensation you should receive. anchorage truck accident law firm of your legal damages will be based on the losses you have documented that include financial, physical, and emotional pain.
Statute of limitations
Although the legal process following a truck crash can be complex, understanding the way these cases are handled can help you prepare for what's ahead and provide you with a better understanding of the length of time your case may take.
Liability is one of the most crucial steps. If an truck driver was sleepy or distracted, as an example the chances are that they will be held responsible for your damages. However, there could be other parties also liable. If the crash was caused by poor repairs, then a mechanic or company that manufactured the truck or its components could be held accountable in the context of the law governing respondeat superior.
It's also possible the responsible party has may have committed a more serious act of recklessness, which could result in punitive damages. To establish this, we have to prove that the liable party acted with reckless disregard of your safety or that of others.
It's essential to find an attorney who is familiar with the complexities involved in truck accidents. Insurance companies and lawyers for the at-fault parties are often wolves in sheepskins and will attempt to convince you to sign statements that they later use against you. You can steer clear of these pitfalls by having an attorney handle your communications.