The Process of a Truck Accident Lawsuit
Truck accidents can result in severe and permanent injuries. They can result in substantial medical expenses as well as psychological damages.
Your lawyer will make a Summons and Complaint to all the parties responsible. This process can take several years. Your lawyer can help you determine if any shared responsibility has been properly assessed and assigned.
Investigations
If someone is injured in a collision with a truck, there is a lot more at stake than an auto accident. The effects of a crash involving a truck can be life-altering and the impact is far more complicated due to the weight and size of commercial trucks. These incidents also require more complicated investigations.
As a result, insurance companies and trucking companies frequently conduct their own investigations following the incident to protect their interests. The issue is that the injured are left to take care of their injuries and are not capable of obtaining evidence. This leaves them in a position of disadvantage compared to the insurance company and trucking company.
A truck accident lawyer who is experienced will look for evidence from a variety of sources, including witness testimony, police reports, and vehicle inspections. A seasoned lawyer won't depend solely on police reports, however, since these reports are usually not sufficient for civil litigation purposes. Police officers may not be properly trained to conduct an investigation properly and may not gather all the evidence needed for the court case.
Other kinds of information could include logbook entries and maintenance and service records from the truck. The data from the device for recording events (also called a black box) is also available. An experienced attorney will ask the truck driver and the trucking company for these and other kinds of evidence, and then examine them to determine the reason for the accident.
Expert Witnesses
A professional witness can help your lawyer to prove different elements of your truck accident case. For instance medical experts can give your lawyer proof that the crash caused your injuries. Your expert can also testify as to how your injuries will affect your future quality of life. Expert witnesses can help your lawyer determine your damages including lost income and your 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 will explain how the accident will affect your physical and mental health. Another kind of expert is a metallurgist who will determine the reason why a component of a vehicle failed. There are also experts who can analyze how the weather may be a factor in the crash.
longview truck accident lawyer is to provide an unbiased and objective view after analyzing the evidence. However, some expert witnesses can become a liability risk in your case if they are biased or have connections to the defendant's businesses. Your attorney can perform an investigation into the background of the expert witness to identify any risks that could be present.
Alongside experts, your lawyer will also question you and witnesses, including people who saw the crash taking place prior to when it occurred. Be aware that the insurance companies of the defendants will attempt to convince you to acknowledge your responsibility or give statements that they can twist and deform to make it appear as though they are trying to undermine your case.
Litigation
Like any other driver truck drivers also have a obligation to follow traffic laws and take reasonable care when driving. If they do not comply with this duty and their negligence results in a crash, they may be held accountable for the injuries incurred by those who were injured in the collision.
Our attorney will collect evidence from eyewitnesses as well as either oral or written evidence to prove that the defendant was negligent. Our team will also examine other evidence, such as skidmarks as well as points of impact. We will also conduct crash testing.
Sometimes, the cause of the truck crash is complex with multiple parties. For example, if the truck crash was caused by defective equipment or poor maintenance, we might seek to sue the producers of that equipment or the trucks themselves. We might also sue the mechanic who made the repairs or the repair shop.
We will attempt to settle your case out of court, however should the trucking firm or its insurance company refuses to accept an appropriate settlement offer then we will prepare for trial. During the trial the jury or judge will decide on any disputed issues such as who was at fault for the accident and what amount of compensation you are entitled to be awarded. The total of your legal damages will be based on the losses you have documented that comprise financial, physical and emotional pain.
Statute of limitations
While the legal process following a truck crash can be confusing, knowing how these cases typically proceed can help you plan for what's ahead and give you a better sense of how long your case could take.
One of the most crucial steps is establishing the responsibility. If a truck driver was drowsy or distracted, for instance then it is likely that they'll be held accountable for your losses. There may be other parties as well. If the accident was caused by faulty repairs or a mechanic, then a company that manufactured the truck or its components could be held liable under the legal theory of respondeat superior.
It's also possible that accountable party may have committed a more serious reckless act that might entitle you to punitive damages. In order to prove this, you must establish that they acted in a willful and wanton manner that was reckless and in disregard for your safety and the safety of others.
It's crucial to work with an attorney who is experienced with the complexities involved in truck accident cases. Insurance companies and the at-fault parties' attorneys are often sheep in sheep's clothes and will attempt to obtain statements from you that they can use against you later. By having an attorney manage all communications, you'll avoid these pitfalls.