The Process of a Truck Accident Lawsuit
Many truck accidents cause victims to suffer serious and lifelong injuries. They can cause significant medical expenses, lost wages and psychological damages.
Your attorney will issue an Summons & Complaint to all parties that are responsible. This process could take many years. Your lawyer can assist you determine if any shared responsibility has been properly assessed and assigned.
Investigations
A truck accident can be more severe than an auto crash. The consequences of a collision with a truck could be catastrophic and the impact is more complex due to the size and weight of commercial trucks. These accidents also involve more complex investigations.
Because of this, insurance companies and trucking companies typically conduct their own investigation immediately following the incident to protect their interests. The victims are left to deal only with their injuries, and they are not able to gather evidence. This puts them at a disadvantage comparison to the trucking company or insurance provider.
A truck accident lawyer who is experienced will look for evidence in a variety of sources, such as witness testimony, police reports, and vehicle inspections. A seasoned attorney will not only rely on police reports however, since these reports are not always sufficient for civil litigation. Police officers may not be equipped to conduct an investigation properly and may not gather all the evidence required to support a lawsuit.
Other types of information may include logbook and maintenance records and service records from the truck. Data from the event data recording device (also known by the name black box) is also available. portsmouth truck wreck lawyer will ask the driver of the truck and the trucking company for these and other kinds of evidence and then carefully analyse them to determine the reason for the accident.
Expert Witnesses
A expert witness from a truck accident can aid your attorney in proving different elements of the case. A medical expert for instance, can give evidence to your lawyer that the accident led to your injuries. Experts can also testify about how your injuries affect your life's quality of living in the future. Expert witnesses can help your lawyer determine your damages, such as lost income and your future earning capacity.
Experts can examine the physical evidence and explain the impact of your injury on your future. Medical experts for instance, can explain how the accident could affect your mental and physical health. A metallurgist is another type of expert who can determine the reasons behind why a vehicle component failed. There are also experts who can determine if the weather could be a factor in the crash.
The primary role of your expert witness is to review the evidence and provide an objective and impartial opinion. Some expert witnesses may be a liability for your case when their opinions are biased or they have ties with the defendants. Your attorney can perform an investigation of the background of the expert witness in order to identify any risks that could be present.
Your attorney will interview you, as well as witnesses who were present at the accident prior to it taking place. Be aware that the insurance companies of the defendants will try to get your to admit your fault or provide statements that they can twist and change to make it appear as though they are trying to undermine your case.
Litigation
Truck drivers are also required to obey traffic laws and use reasonable care when driving. If they fail to do so and their negligence results in an accident, they could be held accountable for the damages caused by the accident victims are liable for.
Our lawyer will obtain evidence from eyewitnesses and obtain written or oral testimony to prove that the defendant was negligent. Our team will also study other evidence like skidmarks as well as points of impact. We will also conduct crash testing.
Sometimes, the reason for an accident involving a truck is complex and involves multiple parties. For instance, if a truck crash was caused by defective equipment or improper maintenance, we might bring a lawsuit against the manufacturer of the equipment or the trucks themselves. We might also bring a lawsuit against the mechanic that performed the repairs or the repair shop.
We will try to resolve your case outside of court, however should the trucking firm or its insurer is unable to accept an appropriate settlement offer and we prepare for trial. During the trial the judge or jury will decide on issues that are disputed, like who was responsible for the accident and the amount of compensation you must receive. The amount of your legal damages will be determined based on your documented losses, which comprise financial, physical and emotional suffering.
Statute of limitations
Understanding how these cases typically proceed can help prepare you for what is to come and give you an idea of the time it might take to resolve your case.
Liability is one of the most crucial steps. If the truck driver was drunk or distracted, as an example, it is likely they'll be held accountable for the damages. However, there may be other parties who are also liable. If the accident was caused by poor repairs and/or a mechanic, then the 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 person who is responsible may have committed a more serious risky act, which could result in punitive damages. To be able to prove this, we must to prove that the liable party acted recklessly for your safety or that of others.
It is vital to hire an attorney who is experienced with the complexities of truck accident cases. Insurance companies and the lawyers representing the parties at fault are frequently sheep in sheep's clothes and will attempt to obtain statements from you that they may use against you later. You can avoid these traps by hiring an attorney to handle your communications.