The Process of a Truck Accident Lawsuit
Many truck accidents result in victims suffering serious and lifelong injuries. They can result in substantial medical costs, lost wages and psychological trauma.
Your attorney will issue an Summons & Complaint to all parties that are responsible. This process could take a few years. Since New York uses comparative fault rules, your lawyer will ensure that any shared liability is properly evaluated and distributed to defendants.
Investigations
When someone is injured in a collision with a truck there is much more at stake than an auto crash. A truck accident could have life-altering consequences. The consequences are more complicated due to the size and weight. These accidents also require more intricate investigation.
Due to this, insurance companies and trucking firms often conduct investigation immediately following the incident to protect their interests. The issue is that the victims are left to deal with their injuries, and aren't being able to gather evidence. This puts them at a disadvantage compared to the insurance provider and trucking companies.
A seasoned truck accident attorney can find evidence from many sources, including police reports, witness statements, and vehicle inspections. A knowledgeable lawyer will not just rely on police reports however, as these reports are often inadequate for civil litigation purposes. Police officers aren't taught to conduct a proper investigation, and they may not be able to gather all the evidence required to file an action.
Other types of data include logbook entries, maintenance and service records for the truck as well as data from the event data recorder (also called a black box) and many more. A competent attorney will request 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 truck accident expert witness can aid your attorney in proving different elements of the case. For instance an expert in medicine can give your lawyer proof that the crash caused your injuries. Your expert can also testify as to how your injuries could affect your future quality-of-life. Expert witnesses can help your lawyer assess the damages which include lost income and future earning capacity.
Experts can review physical evidence and discuss the consequences of your injury on your future. For example an expert in medical science will explain how the accident will impact your physical and mental health. A metallurgist is another type of expert that can examine the causes behind why a component failed. There are also experts who assess the ways in which weather might have contributed to the crash.
The primary function of your expert is to examine the evidence and offer an objective opinion. Some experts could be a liability for your case when their opinions are skewed or they have connections to the defendants. Your attorney can conduct an investigation into their background to determine these risks and ensure you have the most qualified expert witnesses on your side.
Aside from expert witnesses, your attorney will also speak with you and other eyewitnesses. This includes witnesses who witnessed the crash occurring before it happened. Be aware that the insurance companies of the defendants will attempt to get your to acknowledge your responsibility or give statements that they can twist or alter to make it appear as though they are trying to undermine 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 causes a crash, then they could be held responsible for the accident damages that the victims are left with.
bloomington truck accident law firm will collect evidence from eyewitnesses and seek either oral or written evidence 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 reason for an accident involving a truck is complex and involves multiple parties. For example, if the truck crash was caused by defective equipment or improper maintenance, we may seek to sue the producers of that equipment or the trucks themselves. We could also bring a lawsuit against the mechanic that performed the repairs or the repair shop.
We will try to settle your case outside of the courtroom. However, if the trucking company or its insurer does not agree to a fair settlement, we will prepare to go to trial. In trial in which a judge or jury will decide on the dispute such as who is at fault and how much compensation you are entitled to. Your legal damages will be determined in accordance with the totality of your losses, which include financial, physical, and emotional suffering.
Statute of limitations
Although navigating the legal system following a truck accident may be a bit complicated, knowing the way these cases are handled can help you plan for what's ahead and give you a better idea of how long your case could take.
Establishing liability is one of the most crucial steps. It is probable that a driver who was drunk, distracted, or otherwise impaired will be held responsible for the damage you suffered. There could be other parties that are also liable. If the crash was the result of poor repairs and/or a mechanic, then the company that made the truck or its components could be held responsible in the context of the law governing respondeat superior.
It is also possible that the responsible party has was guilty of a more serious act of recklessness, which could result in punitive damages. To be able to prove this, we must to establish that the liable party was reckless of your safety or that of others.
It is essential to work with a lawyer who is familiar with the complexities of truck accident cases. Insurance companies and lawyers representing the parties at fault are often sheep in sheep's clothes and will try to collect statements from you that they can use against you in the future. By having an attorney manage all communications, you can avoid these traps.