The Process of a Truck Accident Lawsuit
Many truck accidents cause victims to suffer severe and permanent injuries. These accidents can lead to significant medical costs, lost income and psychological traumas.
Your attorney will prepare a Summons and Complaint against all liable parties. This process can take several years. Because New York uses comparative fault rules, your lawyer will ensure that any shared responsibility is properly evaluated and distributed to defendants.
Investigations
A truck accident can be more severe than a car accident. The consequences of a collision with a truck can be life-altering and the impact is far more complicated due to the size and weight of commercial trucks. These accidents also require more sophisticated investigations.
This is why trucking companies and insurance providers typically conduct their own investigations following an accident to protect their interests. The victims are left to deal with their injuries and are not able to gather evidence. This puts them at a disadvantage in comparison to the trucking company and insurance companies.
A truck accident lawyer who is experienced will look for evidence in various sources, including witness testimony, police reports and vehicle inspections. A seasoned attorney will not rely solely on police reports however, as these documents are often inadequate for civil litigation. Police officers aren't properly trained to conduct an effective investigation and may fail to gather all the evidence required for a lawsuit.
Other types of information include logbook records maintenance and service records for the truck, data from the event data recorder (also known as a black box) and more. An experienced attorney will seek these as well as other types of evidence from the truck driver as well as the trucking company and then carefully analyze them to determine the cause of the accident.
Expert Witnesses
A professional witness can help your lawyer prove the various elements of your truck accident case. For suffolk truck accident law firm in medical science will provide your lawyer with evidence that the crash caused your injuries. Experts can also testify regarding the impact your injuries will have on your life-style and quality of living. Expert witnesses can assist your lawyer assess the damages including lost income and your future earning capacity.
A medical professional can analyze the physical evidence and explain how your injury will impact your future. Medical experts, for example, can explain how your accident might affect your mental and physical health. Another type of expert is a metallurgist that can determine the reason why a component of a vehicle failed. Experts can determine if weather played a part in the crash.
The primary function of your expert is to review the evidence and give an unbiased opinion. However, certain expert witnesses could be a liability risk in your case if they're biased or have connections to the defendant's companies. Your attorney can use an investigation into their background to determine these risks and ensure that you have the most qualified experts in your case.
In addition to expert witnesses, your lawyer will also speak with you and witnesses, including witnesses who witnessed the accident taking place before it occurred. It is important to note that the defendants' insurance companies will try to get you to acknowledge fault or make statements that they can twist and distort to weaken your claim.
Litigation
Just like other drivers, truck drivers have a duty to obey traffic laws and to use reasonable care on the road. If they fail to do so and their negligence results in a crash, they could be held accountable for the accident damages that the victims suffer.
Our attorney will collect evidence from eyewitnesses and obtain written or oral evidence to prove the defendant was negligent. Our team will also review other evidence like skidmarks and points of impact and conduct crash testing.
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 may be able to sue the makers of that equipment or the trucks themselves. We could also claim against the mechanic who did the repairs or the repair shop.
We will attempt to resolve your case without going to the courtroom. However, if the trucking firm or its insurer does not agree to a fair settlement or offer, we'll prepare to go to trial. During the trial, a judge or jury will rule on disputed issues like who was responsible for the crash and the amount of compensation you must be awarded. The legal damages you receive will be calculated in accordance with the totality of your losses, including financial, physical, and emotional suffering.
Statute of limitations
Although navigating the legal system after a truck accident can be confusing, knowing how these cases usually go can help you plan for what is ahead and give you a better sense of how long your case will take.
One of the most crucial steps is to establish the liability. If a truck driver was drowsy or distracted, for example the chances are that they'll be held accountable for the damages. There could be other parties as well. For instance, if a crash resulted from faulty repairs such as a mechanic who performed the work or a company that made the truck or its components could be held responsible in the legal concept of respondeat superior.
You could also be entitled to damages for punitive acts if the responsible person acted in a manner of recklessness that was a lot more serious. To prove this, we must prove that they acted in a reckless and reckless way, and with a disregard for your safety and the safety of others.
It is vital to hire an attorney who is knowledgeable with the complexities involved in truck accident cases. Insurance companies and lawyers representing the parties at fault are often the wolves in sheep's clothing who will try to get statements from you that they may use against you later. If you hire an attorney to handle all communications, you will avoid these traps.