The Process of a Truck Accident Lawsuit
Truck accidents can result in severe and permanent injuries. They can cause significant medical expenses, lost wages and psychological damages.
Your attorney will issue an Summons and Complaint to the parties who are liable. This process can take several years. Your lawyer can help determine whether any shared responsibility has been properly assessed and allocated.
Investigations
A truck crash could be more serious than an auto collision. A truck accident could have devastating consequences for the person. The consequences are more complex because of the size and weight. These accidents also require more intricate investigation.
To protect their interests the trucking companies and insurance companies usually conduct investigations right after the accident. The victims are left to deal with their injuries, and they are not able to gather evidence. This puts them at a disadvantage in comparison to the trucking company and insurance company.
A lawyer for truck accidents who is experienced will look for evidence in a variety sources, such as police reports, witness testimony and vehicle inspections. A lawyer who is knowledgeable is not relying on reports from the police because they are usually insufficient for civil litigation. Police officers aren't taught to conduct a proper investigation and might fail to gather all the evidence needed to support a lawsuit.
Other types of information include logbook records maintenance and service records for the truck and the event data recorder (also known as a black box) and many more. A competent attorney will demand these as well as other types of evidence from the truck driver and trucking firm, and then thoroughly analyze the evidence to determine what led to the accident.
Expert Witnesses
A expert witness for a truck accident could assist your attorney in proving different aspects of the case. For example an expert in medicine can give your lawyer proof that the crash caused your injuries. Experts can also testify about how your injuries will affect your future quality of life. Expert witnesses can help your lawyer assess the value of your injuries, which includes lost income and loss of earning capacity in the future.
Experts can examine the physical evidence and explain the impact of your injury on your future. A medical expert can, for instance, explain how your accident may impact your physical and mental health. Another type of expert is a metallurgist, who can examine the reasons why a part of a car failed. There are also wichita truck accident lawsuit who can examine the way in which weather conditions could have contributed to the crash.
The primary function of your expert witness is to evaluate the evidence and offer an unbiased opinion. Expert witnesses can be a liability to your case when their opinions are biased or they have connections to the defendants. Your attorney can perform an investigation into the background of the expert witness to identify any risks.
In addition to expert witnesses, your attorney will also interview you and other eyewitnesses. This includes people who saw the crash occurring before it happened. It is important to keep in mind that the defendants' insurance companies will attempt to force you to admit guilt or make statements that they can twist or distort to diminish your case.
Litigation
Truck drivers are also required to obey traffic laws and drive with reasonable care. If they fail to fulfill this obligation and their carelessness causes a crash, they may be held liable for the damage to the victims of the crash.
To prove the defendant's negligence, our lawyer will gather range of evidence from eyewitnesses who witnessed the crash and provide written or oral evidence about how the crash occurred. Our team will also review other evidence such as skidmarks and points of impact. They will also conduct crash testing.
Sometimes, the cause of an accident involving a truck can be complex and involves multiple parties. If the accident was caused by defective equipment or maintenance that was not done properly, we could sue the producers or the trucks. We might also sue the repair shop or mechanic responsible for the repairs.
We will endeavor to resolve your dispute outside of court, however should the trucking firm or its insurer refuses to make an acceptable settlement offer and we prepare for trial. During the trial in court, a jury or judge will decide on any disputed issues such as who was at fault for the accident and the amount of compensation you should be awarded. The amount of your legal damages will be determined based on the losses you have documented, which include physical, financial and emotional pain.
Statute of Limitations
Although navigating the legal system after a truck accident can be complicated, understanding how these cases usually go will help you understand what's to come and provide you with a better understanding of the length of time your case might take.
The process of establishing liability is among the most important steps. If an truck driver was sleepy or distracted, as an example the chances are that they'll be held accountable for your damages. There could be other parties also accountable. For instance, if the crash occurred due to poor repairs such as a mechanic who performed the work or a company that manufactured the truck or its parts might be held responsible according to the legal doctrine of respondeat superior.
It is also possible that the liable party was guilty of a more serious risky act, which might entitle you to punitive damages. To be able to prove this, we must to prove that the responsible party acted recklessly of your safety or that of others.
It's crucial to work with a lawyer who is familiar with the complexities of truck accident cases. Insurance companies and the attorneys representing the parties at fault are often as wolves in sheep's clothes and will try to get statements from you which they can use against you later. You can steer clear of these pitfalls by having an attorney manage your communications.