The Process of a Truck Accident Lawsuit
Many truck accidents result in victims suffering serious and lifelong injuries. These can result in significant medical expenses as well as psychological damage.
Your lawyer will issue an Summons and Complaint to all parties liable. This process could take many years. Since New York uses comparative fault rules, your lawyer can ensure that any shared responsibility is correctly defined and allocated to defendants.
Investigations
A truck crash can be more severe than an auto collision. The effects of a crash involving a truck can be life-altering and the impact can be more complicated due to the weight and size of a commercial truck. These accidents also require more sophisticated investigation.
Due to this, insurance companies and trucking firms often conduct investigations immediately following an accident to safeguard their interests. The victims are left to deal only with their injuries and are unable to collect evidence. This puts them at a disadvantage in comparison to the trucking company or insurance company.
A skilled truck accident lawyer will seek evidence from a variety of sources which include police reports witness statements, and inspections of vehicles. A seasoned attorney will not rely solely on police reports however, as these reports are usually not sufficient for civil litigation. Police officers may not be equipped to conduct an investigation properly and they may not be able to gather all the evidence required to support the court case.
Other types of records include logbook data, 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 skilled attorney will ask both the driver of the truck and trucking company for these and other types of evidence, and then analyze them to determine the root of the accident.
Expert Witnesses
A truck accident expert witness can help your attorney prove different aspects of the case. For example an expert in medicine can provide evidence that the crash resulted in your injuries. Your expert may also testify as to how your injuries could affect your future quality-of-life. brownsville truck accident law firm can assist your lawyer determine the value of your injuries, which includes 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 instance an expert in medical science can show how your accident can affect your physical and mental well-being. A metallurgist, for instance, is another kind of expert who can analyze the reasons why a car component failed. Experts can determine whether the weather played a role in the crash.
The main function of an expert witness is to examine the evidence and give an objective and impartial opinion. However, some experts can be a liability risk for your case if they're biased or have ties to the defendants' companies. Your attorney can perform an identity check to identify these risks and ensure you have the most qualified expert witnesses available.
Alongside expert witnesses, your lawyer will also question you and other eyewitnesses. This includes witnesses who witnessed the crash occurring before it occurred. It is crucial to remember that the defendants' insurance firms will try to get you to admit guilt or to make claims they can twist or distort to diminish your case.
Litigation
Truck drivers must also adhere to traffic laws and take reasonable care when driving. If they fail to comply with these rules and their negligence results in an accident, they could be held responsible for the damages caused by the accident the victims suffer.
Our attorney will collect evidence from eyewitnesses as well as oral or written testimony to prove that the defendant was negligent. Our team will also look at other evidence, such as skidmarks and points of impact and conduct crash testing.
Sometimes the reason for the truck crash is complex that involves multiple parties. For instance, if the truck crash was caused by defective equipment or inadequate maintenance, we may bring a lawsuit against the manufacturer of the equipment or the trucks themselves. We might also claim against the mechanic who did the repairs or the repair shop.
We will endeavor to resolve your dispute outside of court, but should the trucking firm or its insurer is unable to make a fair settlement offer then we will prepare for trial. During the trial in court, a jury or judge will decide on the merits of the dispute such as who was at fault for the crash and what amount of compensation you are entitled to receive. The total of your legal damages will be determined based on the losses you have documented that include physical, financial and emotional pain.
Statute of Limitations
Although the legal process following a truck crash can be complicated, understanding how these cases typically proceed will help you anticipate what is ahead and give you a better sense of the length of time your case might take.
Liability is one of the most crucial steps. If a truck driver was drowsy or distracted, as an example then it is likely that they will be held responsible for the damages you suffered. There may be other parties equally responsible. For instance, if a crash resulted from faulty repairs for instance, a mechanic who completed the work or a company which made the truck or its parts could be held responsible according to the legal doctrine of respondeat superior.
It's also possible the person who is responsible committed a more severe act of recklessness, which might entitle you to punitive damages. To determine this, we must establish that they acted in a reckless, impulsive way, and with a disregard for your safety and that of others.
It is vital to hire an attorney who is familiar with the complexities involved in truck accident cases. Insurance companies and attorneys for at-fault party are usually sheepskin wolves and will try to get you to make statements which they later use against you. By having an attorney handle all communications, you'll stay clear of these traps.