10 Amazing Graphics About Truck Accident Attorneys
The Process of a Truck Accident Lawsuit
Many truck accidents cause victims to suffer lifelong and severe injuries. These can result in significant medical costs, lost wages and psychological damages.
Your lawyer will make an Summons and Complaint to all the parties responsible. This process could take a few years. Your lawyer can help you determine whether the shared responsibility has been properly assessed and allocated.
Investigations
A truck crash can be more serious than an auto crash. A truck accident could result in life-altering consequences. The consequences are more complex due to its size and weight. These incidents also require more complicated investigation.
To protect their interests in the event of a crash, trucking firms or insurance companies often conduct investigations right after a crash. The issue is that the victims are left to manage their injuries and are not in a position to gather evidence. This leaves them in a position of disadvantage compared to the insurance provider and trucking company.
A skilled truck accident lawyer is able to find evidence from numerous sources which include police reports witness statements, and inspections of vehicles. A seasoned lawyer won't rely solely on police reports, however, as these documents are often inadequate for civil litigation purposes. Police officers aren't properly trained to conduct an effective investigation and could not gather all the evidence required to file the filing of a lawsuit.
Other types of information might include logbook records and maintenance and service records from the truck. Data from the device for recording events (also known as a black box) is also available. A skilled attorney will ask the driver of the truck as well as the trucking company for these types and other types of evidence, and then analyze them to determine the reason for the accident.
Expert Witnesses
A professional witness can help your lawyer prove the various elements of your truck accident case. For instance, a medical expert can provide evidence that the crash resulted in your injuries. lancaster truck accident attorney can also testify on how your injuries will affect your life in the future. Expert witnesses can help your lawyer determine the worth of your injuries, which includes lost income and loss of future earning capacity.
An expert can look over the physical evidence and explain the impact of your injury on your future. For example medical experts can explain how your accident will affect your physical and mental health. A metallurgist is a different kind of expert that can examine the reasons behind why a vehicle component failed. There are experts who can determine whether the weather played a part in the crash.
Your expert's role is to provide an impartial and objective opinion after having examined the evidence. Certain expert witnesses could be a liability for your case if their opinions are biased or they have connections to the defendants. Your lawyer can conduct a background check on the expert witness to find out any potential risks.
Your attorney will conduct an interview with you, as well as any other eyewitnesses who saw the accident before it happened. You should be aware that the insurance companies of the defendants will attempt to get your to admit fault or give statements that they can twist and change to make your case more difficult.
Litigation
Truck drivers are also required to observe traffic laws and drive with reasonable care. If they fail to do so and their negligence causes a crash, then they could be held liable for the injuries that the victims are liable for.
Our lawyer will obtain evidence from eyewitnesses and seek oral or written testimony to prove the defendant was negligent. Our team will also review various other evidence, like skid marks and areas of impact, and will conduct crash tests.
Sometimes the reason for an accident involving a truck is complex with multiple parties. If the truck crash was caused by defective equipment or improper maintenance, we could sue the manufacturer or the truck. We could also sue the mechanic or repair shop accountable for the repairs.
We will try to resolve your case outside of court. If, however, the trucking company or its insurer is unwilling to accept an equitable settlement, we will prepare to go to trial. During the trial the jury or judge will decide on any disputed issues like who was at fault for the crash and what amount of compensation you must be awarded. Your legal damages will be determined based on the total of your losses. This includes financial, physical and emotional pain.
Statute of limitations
Although the legal process following a truck accident may be complicated, understanding the way these cases are handled can help you plan for what is ahead and give you a better sense of how long your case could take.
Establishing liability is one of the most important steps. It is probable that a driver who was drunk or distracted or impaired will be held responsible for the damages you suffered. However, there could be other parties who are also liable. If the accident was the result of poor repairs and/or a mechanic, then the company that made the truck or its components could be held responsible under the legal theory respondeat superior.
You could also be entitled to punitive damages if the responsible person acted in a manner of recklessness that was more acrimonious. To establish this, we have to establish that the liable party acted in reckless disregard to your safety, or that of others.
It is important to work with an attorney who understands the complexities involved in truck accidents. Insurance companies and the lawyers representing the parties at fault are frequently sheep in sheep's clothes and will try to collect statements from you that they could use against you in the future. If you hire an attorney to handle all communications, you will avoid these traps.