The Process of a Truck Accident Lawsuit
Many truck accidents leave victims with severe and lifelong injuries. These accidents can lead to substantial medical expenses, loss of income, and psychological damage.
Your attorney will make an Summons and Complaint against all liable parties. This process could take many years. Your lawyer can assist you determine whether any shared responsibility has been properly assessed and allocated.
Investigations
When someone is injured in a truck crash there is more at stake than an auto crash. A truck accident could result in life-changing consequences. The consequences are more complex due to its size and weight. These accidents also require more sophisticated investigations.
This is why insurance companies and trucking companies typically conduct their own investigations immediately following an accident to safeguard their interests. The problem is that victims are left to manage their injuries, and aren't able to collect evidence. This puts them at a disadvantage comparison to the trucking company and insurance company.
A skilled truck accident lawyer is able to find evidence from numerous sources, including police reports, witness statements and vehicle inspections. A lawyer who is experienced will not rely on police reports alone since they are typically insufficient for civil litigation. Police officers might not be trained to conduct an investigation correctly and may not collect all the evidence needed for the court case.
Other types of information include logbook records maintenance and service records for the truck, data from the event data recorder (also called a black box) and more. An experienced attorney will seek these as well as other types of evidence from the truck driver and trucking company and then carefully analyze them to determine the cause of the accident.
Expert Witnesses
A truck accident expert witness can assist your attorney in proving various aspects of the case. A medical expert for instance, can prove to your lawyer that the crash caused your injuries. Your expert may be able to testify on how your injuries will affect your future quality of life. Expert witnesses can also assist your lawyer assess the value of your damages, which could include lost income and loss of future earning capacity.
Your expert can review the physical evidence and explain the impact of your injury on your future. For example, a medical expert can explain how your accident can impact your physical and mental health. A metallurgist is an additional type of expert who can determine the reasons why a car component failed. There are experts who can determine whether the weather was the cause of the crash.
The main function of an expert witness is to evaluate the evidence and offer an unbiased opinion. Some expert witnesses may be a liability to your case when their opinions are biased or they have ties with the defendants. Your lawyer can conduct a background check on the expert witness to identify any potential risks.
Apart from expert witnesses, your lawyer will also interview you and witnesses, including people who saw the crash taking place prior to when it happened. You should be aware that the insurance companies of the defendants will try to get your to admit fault or make statements that they can twist and change to weaken your case.
Litigation
Like any other driver, truck drivers have a obligation to follow traffic laws and to exercise reasonable care when driving. If they fail to fulfill this obligation and their negligence results in a crash, they could be held liable for the damage to the victims of that crash.
Our lawyer will obtain evidence from eyewitnesses and seek either oral or written evidence to prove that the defendant was negligent. Our team will also study other evidence like skidmarks as well as points of impact. We will also conduct crash testing.
Sometimes the reason for an accident on the road is complicated that involves multiple parties. For instance, if a truck accident was caused by defective equipment or improper maintenance, we might bring a lawsuit against the manufacturer of the equipment or the trucks themselves. We might also bring a lawsuit against the mechanic that performed the repairs or the repair shop.
We will try to resolve your case outside of court, but if the trucking company or its insurance company is unwilling to make a fair settlement offer, we will prepare for trial. During the trial the judge or jury will rule on disputed issues such as who was at fault for the accident and the amount of compensation you should receive. The amount of your legal damages will be based on the losses you have documented that include financial, physical, and emotional pain.
Statute of Limitations
Understanding how these cases normally are handled can help you prepare for what is to come and give you an idea of the time it might take to resolve your case.
The process of establishing liability is among the most crucial steps. If the truck driver was tired or distracted, for example, it is likely they'll be held accountable for the damages you suffered. There could be somerville truck accident law firm . For instance, if the crash was caused by poor repairs for instance, a mechanic who did the work or a business who made the truck or its components could be held liable in the legal concept of respondeat superior.
It's also possible the responsible party has was guilty of a more serious risky act, which could be grounds for you to receive punitive damages. To determine this, we must establish that they acted in a reckless, impulsive way, and with a disregard for your safety and the safety of others.
It's essential to find an attorney who understands the complexities of truck accidents. Insurance firms and attorneys for the at-fault parties are often sheepskin wolves and will attempt to convince you to make statements that they later use against you. By having an attorney manage all communications, you will stay clear of these traps.