The Process of a Truck Accident Lawsuit
Accidents involving trucks can cause serious and permanent injuries. They can result in substantial medical expenses, lost wages and psychological trauma.
Your lawyer will issue a Summons and Complaint to all parties liable. This process could take several years. Because New York uses comparative fault rules, your lawyer will ensure that any shared liability is properly assessed and allocated to defendants.
Investigations
When someone is injured in a truck accident, there is a lot more at stake than in a car crash. A truck accident can have life-altering consequences. The consequences are more complicated due to the size and weight. These accidents also require more complex investigation.
As a result, insurance companies and trucking companies frequently conduct their own investigations following an accident to safeguard their interests. The victims are left to deal only with their injuries and are unable to collect evidence. This puts the injured at a disadvantage to the insurance company and trucking company.
A truck accident lawyer with experience will search for evidence in various sources, such as police reports, witness testimony, and vehicle inspections. A skilled lawyer should not only rely on police reports, however, as these documents are not always sufficient for civil litigation purposes. Police officers aren't taught to conduct an effective investigation and might not gather all the evidence required for the filing of a lawsuit.
Other types of records include logbook data, maintenance and service records for the truck and other equipment, data from the event data recorder (also called a black box) and many more. A skilled attorney will ask the truck driver and the trucking company for these and other kinds of evidence, and then examine them to determine the reason for the accident.
Expert Witnesses
An expert witness can assist your lawyer to prove different elements of your truck accident case. A medical expert could, for instance, prove to your lawyer that the crash caused your injuries. Your expert can also testify about how your injuries affect your future quality of life. Expert witnesses can assist your lawyer determine the value of your injuries, which includes lost income and loss of earning capacity in the future.
kansas city truck accident lawsuit can look over the physical evidence and explain the impact of your injury on 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 will identify the reason a part of a vehicle failed. There are experts who can determine whether the weather played a role in the crash.
A key role of your expert witness is to evaluate the evidence and give an objective and impartial opinion. However, some expert witnesses can become a liability risk for your case if they're biased or have connections to the defendants' companies. Your attorney can perform an identity check to identify the risks and ensure that you have the top expert witnesses on your side.
In addition to experts, your lawyer will also question you and other eyewitnesses. This includes witnesses who witnessed the crash occurring before it occurred. It is important to keep in mind that the defendants' insurance firms will attempt to force you to admit fault or make statements they can twist and alter to diminish your case.
Litigation
Truck drivers are also required to follow traffic laws and use reasonable care when driving. If they do not comply and their negligence leads to a crash, they could be held liable for the accident damages that victims are left with.
Our lawyer will gather evidence from eyewitnesses and seek written or oral evidence to prove the defendant was negligent. Our team will also look at other evidence, such as skidmarks and points of impact and conduct crash testing.
Sometimes, the reason for an accident involving a truck is complex and involves multiple parties. For instance, if a 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 claim against the mechanic who did the repairs or the repair shop.
We will attempt to resolve your dispute outside of court, but should the trucking company or its insurance company is unwilling to make an acceptable settlement offer, we will prepare for trial. During trial, a jury or judge will decide on issues that are disputed like who was at fault and what amount of compensation you are entitled to. The legal damages you receive will be determined according to the total of your losses, which include financial, physical and emotional pain.
Statute of Limitations
Understanding how these cases usually take place can help you prepare for the future and provide you with an idea of the time it might take to settle your case.
Liability is one of the most crucial steps. It is likely that a trucker who was drowsy or distracted or impaired will be held responsible for the damage you suffered. There could be other parties that are also accountable. If the accident was the result of poor repairs and/or a mechanic, then the company that made the truck or its components could be held accountable according to the legal theory of respondeat superior.
You may also be entitled to damages for punitive acts if the responsible person committed an act of recklessness that was more severe. In order to prove this, you must establish that they acted in a reckless and reckless manner that was reckless and in disregard for your safety and that of others.
It is essential to work with an attorney who is familiar with the complexities involved in truck accident cases. Insurance companies and attorneys for at-fault parties are often wolves in sheepskins and will try to force you to give statements which they later use against you. By having an attorney manage all communications, you'll avoid these traps.