The Process of a Truck Accident Lawsuit
Many accidents involving trucks cause lifelong and severe injuries. They can cause significant medical expenses, lost wages and psychological harm.
Your lawyer will prepare a Summons and Complaint against all parties liable. This process could take a few years. Your lawyer can help you determine whether any shared responsibility been properly assessed and allocated.
Investigations
A truck accident can be more serious than an auto crash. A truck crash can have devastating consequences for the person. The consequences are more complicated due to the size and weight. These accidents also involve more complicated investigation.
This is why trucking companies and insurance providers often conduct investigations right after the incident to protect their interests. The issue is that the injured are left to manage their injuries and are not in a position to gather evidence. This puts them at a disadvantage when compared to the insurance company and trucking company.
A truck accident lawyer with experience will search for evidence in a variety of sources, including witness testimony, police reports and vehicle inspections. A seasoned lawyer won't only rely on police reports however, as these documents are not always sufficient for civil litigation purposes. Police officers aren't trained to conduct a proper investigation and might fail to gather all of the evidence required to file a lawsuit.
Other kinds of information could include logbook records, maintenance and service records from the truck. The data from the device for recording events (also called a black box) is also available. A skilled attorney will ask the truck driver and the trucking company for these and other kinds of evidence, and then analyse them to determine the causes of the accident.
Expert Witnesses
An expert witness can help your lawyer prove the various elements of your truck accident case. For example, a medical expert can provide evidence that the crash resulted in your injuries. Your expert may also testify regarding how your injuries will affect your future quality-of-life. Expert witnesses can assist your lawyer calculate the amount of damages like lost income and future earning capacity.
Your doctor can look over physical evidence and discuss the consequences of your injury on your future. For example, a medical expert can show how your accident can affect your mental and physical well-being. Another kind 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.
The primary function of an expert witness is to analyze the evidence and give an objective opinion. However, some expert witnesses can become risky for your case if they are biased or have ties to the defendants' businesses. Your attorney can perform an investigation of the background of the expert witness to find out any risks that could be present.
Apart from experts, your lawyer will also interview you as well as other eyewitnesses, such as people who saw the crash taking place prior to when it occurred. It is important to note 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
Truck drivers are also required to follow traffic laws and drive with reasonable care. If they do not fulfill this duty and their negligence results in a crash, they may be held responsible for injuries incurred by the victims of the collision.
Our lawyer will obtain evidence from eyewitnesses, and get either oral or written evidence to prove that the defendant was negligent. Our team will also look at a wide range of other evidences, including skid marks and areas of collision, and conduct crash tests.
Sometimes the cause of the truck crash is 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 truck. boca raton truck wreck lawyer might also claim against the mechanic who did the repairs or the repair shop.
We will endeavor to resolve your case outside of court, however should the trucking company or its insurer refuses to make an equitable settlement offer and we prepare for trial. During a trial in which a judge or jury will decide on disputed issues such as who is at fault and the amount of compensation you'll receive. Your legal damages will be calculated according to the total of your losses. This includes physical, financial, and emotional suffering.
Statute of Limitations
Understanding how these cases typically take place can help you prepare for what is to come and provide you with an idea of how long it will take to settle your case.
Liability is one of the most crucial steps. If a truck driver was drowsy or distracted, for instance then it is likely that they will be held responsible for the damages. There could be other parties that are also accountable. If the crash was caused by poor repairs, then a mechanic or company that manufactured the truck or its components could be held responsible according to the legal theory of respondeat superior.
It's also possible that the person who is responsible did a greater risky act, which could result in punitive damages. To prove this, we need to establish that the liable party acted with reckless disregard for your safety or that of others.
It's crucial to work with an attorney who is experienced with the complexities involved in truck accident cases. Insurance firms and attorneys for the at-fault parties are often wolves in sheepskins and will try to get you to give statements that they later use against you. You can avoid these traps by hiring an attorney to manage your communications.