The Process of a Truck Accident Lawsuit
Truck accidents can cause severe and permanent injuries. They can result in substantial medical expenses as well as psychological damage.
Your attorney will issue an Summons and Complaint to all parties that are responsible. This process can take several years. Because New York uses comparative fault rules, your lawyer will ensure that any shared responsibility is properly determined and assigned to defendants.
providence truck accident lawyer could be more severe than an auto collision. The consequences of a truck crash can be life-changing and the resulting damage is more complex due to the weight and size of a commercial truck. These accidents also require more complex investigation.
To protect their interests the trucking companies and insurance providers will often investigate immediately following the accident. The problem is that victims are left to take care of their injuries and aren't capable of obtaining evidence. This puts them at a disadvantage in comparison to the trucking company and insurance companies.
A truck accident lawyer with experience will search for evidence in various sources, such as police reports, witness testimony and vehicle inspections. A lawyer who is well-informed is not relying on reports from the police since they are typically not sufficient for civil litigation. Police officers aren't always trained to conduct an inquiry properly and they may not be able to gather all the evidence needed for the court case.
Other types of data include logbook entries, maintenance and service records for the truck and the event data recorder (also called a black box) and more. A competent attorney will ask the truck driver and the trucking company for these and other kinds of evidence, and then analyse them to determine the root of the accident.
Expert Witnesses
An expert witness can aid your lawyer prove the various elements of your truck accident case. For example an expert in medical science can give your lawyer proof that the crash caused your injuries. Your expert can also testify regarding the impact your injuries will have on your future quality-of-life. Expert witnesses can also help your lawyer calculate the value of your damages, which could include lost income and loss of earning capacity in the future.
Your doctor can look over physical evidence and discuss the consequences of your injury on your future. A medical professional, for example, can explain how your accident may affect your physical and mental health. Another type of expert is a metallurgist who can determine the reason why a component of a vehicle failed. There are also experts who can assess the ways in which weather might have contributed to the crash.
Your expert's job is to provide an impartial and objective view after analyzing the evidence. However, certain expert witnesses could be a liability risk for your case if they are biased or have connections to the defendants' businesses. Your attorney can use a background check to find these risks and make sure that you have the most qualified experts on your side.
Aside from expert witnesses, your lawyer will also interview you and other eyewitnesses. This includes witnesses who witnessed the crash taking place prior to when it happened. It is important to remember that the insurance companies of defendants will attempt to force you to admit fault or to make statements they can twist and alter to undermine your claim.
Litigation
Just like other drivers truck drivers also have a obligation to observe traffic rules and to use reasonable care when they travel. If they do not comply and their negligence causes a crash, they could be held accountable for the accident damages that victims suffer.
Our lawyer will gather evidence from eyewitnesses and obtain either oral or written evidence to prove the defendant was negligent. Our team will also look at other evidence such as skidmarks as well as points of impact. We will also conduct crash testing.
Sometimes, the reason for a truck accident is complicated, involving multiple parties. For example, if the truck accident was caused due to defective equipment or insufficient maintenance, we may be able to sue the makers of that equipment or the trucks themselves. We could also sue the mechanic who made the repairs or the repair shop.
We will endeavor to resolve your case outside of court, but should the trucking company or its insurer refuses to accept a fair settlement offer then we will prepare for trial. During the trial the jury or judge will decide on any disputed issues like who was responsible for the accident and what amount of compensation you are entitled to be awarded. The legal damages you receive will be calculated by the sum of your losses, which include financial, physical, and emotional pain.
Statute of limitations
While the legal process after a truck accident can be confusing, knowing how these cases usually go can help you plan for the future and give you a better sense of how long your case could take.
One of the most crucial steps is to establish the liability. If an truck driver was sleepy or distracted, for example, it is likely they will be held responsible for your losses. However, there could be other parties who are equally responsible. For instance, if a crash resulted from poor repairs, for instance, a mechanic who did the work or a business that manufactured the truck or its parts could be held liable according to the legal doctrine of respondeat superior.
You could also be entitled to punitive damages if the responsible party acted with recklessness that was a lot more serious. To prove 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 crucial to work with a lawyer who is familiar with the complexities of truck accident cases. Insurance companies and attorneys for the at-fault parties are often sheepskin wolves and will try to force you to give statements that they later use against you. If you hire an attorney to handle all communications, you will stay clear of these traps.