A New Trend In Truck Accident Attorneys
The Process of a Truck Accident Lawsuit
Accidents with trucks can cause severe and permanent injuries. These can lead to significant medical costs as well as psychological damages.
Your attorney will issue a Summons and Complaint to all parties liable. This process could take many years. Your lawyer can help you determine whether any shared responsibility been properly assessed and allocated.
Investigations
When someone is injured in a crash involving a truck there is much more at stake than in an auto accident. The consequences of a collision with a truck can be life-altering and the impact is more complicated due to the size and weight of commercial trucks. These accidents also require more complex investigation.
To protect their interests the trucking companies and insurance companies usually conduct investigations right after a crash. The problem is that victims are left to deal with their injuries and aren't capable of obtaining evidence. This puts them at a disadvantage in comparison to the trucking company or insurance companies.
A truck accident lawyer who has experience will look for evidence in a variety of sources, including witness testimony, police reports and vehicle inspections. A lawyer who is experienced cannot rely solely on the reports of police officers alone because they are usually insufficient for civil litigation. Police officers aren't always properly trained to conduct an investigation properly and may not gather all the evidence required to support an action.
Other kinds of information could include logbook records, maintenance and service records from the truck. Data from the event data recording device (also known as a black box) is also available. A competent attorney will request the driver of the truck as well as the trucking company for these and other types of evidence and then carefully examine them to determine the cause of the accident.
Expert Witnesses
A expert witness for a truck accident could aid your attorney in proving different aspects of the case. new bedford truck accident law firm for instance, can prove to your lawyer that the crash caused your injuries. Your expert may also testify regarding the impact your injuries will have on your future quality-of-life. Expert witnesses can also assist your lawyer calculate the value of your damages, which could include lost income and loss of earning capacity in the future.
Experts can review physical evidence and discuss the consequences of your injury on your future. For instance, a medical expert will explain how the accident will affect you in terms of physical and mental well-being. A metallurgist is an additional type of expert who can analyze the causes behind why a component failed. There are also experts who determine if the weather could be a factor in the crash.
The role of an expert witness is to offer an honest and objective opinion after having examined the evidence. Expert witnesses can be a liability for your case in the event that their opinions are biased or they are associated with the defendants. Your lawyer can conduct a background check on the expert witness to find out any potential risks.
In addition to experts, your lawyer will also question you and other eyewitnesses. This includes witnesses who witnessed the crash taking place prior to when it happened. It is important to note that the defendants' insurance firms will attempt to force you to acknowledge fault or make statements that they can twist and distort to weaken your claim.
Litigation
As with all drivers truck drivers also have a obligation to follow traffic laws and to take reasonable care on the road. If they fail to fulfill this duty and their carelessness causes a crash, they could be held accountable for the injuries incurred by the victims of that crash.
To prove the defendant's negligence, our lawyer will gather number of eyewitnesses who witnessed the crash and provide written or oral testimony about how the crash occurred. Our team will also examine the various other evidence, including skid marks and points of collision, and conduct crash tests.
Sometimes, the cause of an accident involving a truck is complex and involves multiple parties. For example, if the truck accident was caused by defective equipment or poor maintenance, we may seek to sue the producers of that equipment or the trucks themselves. We could also sue the mechanic who made the repairs or the repair shop.
We will try to resolve your case without going to the courtroom. If, however, the trucking firm or its insurer refuses an equitable settlement or offer, we'll prepare to go to trial. During the trial where a judge or jury will rule on disputes such as who was responsible and what compensation you are entitled to. The legal damages you receive will be calculated based on the total of your losses, which include financial, physical and emotional pain.
Statute of limitations
Understanding how these cases typically are handled can help you prepare for what's to come and give you an idea of how long it could take to resolve your case.
One of the most crucial steps is establishing the extent of liability. If the truck driver was drunk or distracted, for example then it is likely that they'll be held accountable for the damages. However, there may be other parties accountable as well. If the crash was caused by poor repairs and/or a mechanic, then the company that made the truck or its components could be held responsible in the context of the law governing respondeat superior.
You could also be entitled to damages for punitive harm if the accountable person acted in a manner of recklessness that was more acrimonious. In order to prove this, you must establish that they acted in a willful and wanton way, and with a disregard for your safety and the safety of others.
It is essential to work with an attorney who is experienced with the complexities involved in truck accident cases. Insurance companies and the attorneys representing the parties at fault are often wolves in sheep's clothing and will try to get statements from you which they can use against you in the future. By having an attorney manage all communications, it is possible to avoid these pitfalls.
