5 Laws That Anyone Working In Truck Accident Attorneys Should Know
The Process of a Truck Accident Lawsuit
Many truck accidents cause victims to suffer lifelong and severe injuries. They can cause significant medical costs, lost wages and psychological harm.
Your attorney will file a Summons and Complaint against all liable parties. The process could last for several years. Because New York uses comparative fault rules, your lawyer will ensure that any shared responsibility is appropriately defined and allocated to defendants.
Investigations
When someone is injured in a truck accident there is more at stake than in an auto crash. A truck crash can have life-changing consequences. The impact is more complex due to the size and weight. These accidents also require more complex investigation.
To protect their interests the trucking companies and insurance companies often conduct their investigations as soon as they are aware of the incident. The problem is that victims are left to manage their injuries and are not in a position to gather evidence. This puts them at a disadvantage in comparison to the trucking company or insurance companies.
A truck accident lawyer who is experienced will look for evidence from a variety of sources, including police reports, witness testimony, and inspections of vehicles. A seasoned attorney will not only rely on police reports, however, as these reports are usually not sufficient for civil litigation purposes. Police officers aren't always equipped to conduct an investigation properly and might not gather all the evidence needed for an action.
Other kinds of data include logbook entries maintenance and service records for the truck and the event data recorder (also called a black box) and more. An experienced attorney will ask the driver of the truck as well as the trucking company for these types and other types of evidence and then carefully analyse them to determine the root of the accident.
Expert Witnesses
An expert witness can aid your lawyer prove the various elements of your truck accident case. For instance medical experts will provide your lawyer with evidence that the crash caused your injuries. Experts can also testify as to the impact your injuries will have on your future quality-of-life. Expert witnesses can also help your lawyer calculate the value of your damages, including lost income and loss of future earning capacity.
An expert can look over the physical evidence and explain how your injury will affect your future. For example an expert in medical science can demonstrate how your accident can impact you in terms of physical and mental well-being. Another kind of expert is a metallurgist who can examine the reasons why a part of a car failed. Experts can determine whether the weather played a role in the crash.
The primary role of your expert witness is to examine the evidence and offer an impartial opinion. However, certain experts can be a liability risk in your case if they are biased or have connections to the defendant's companies. Your attorney can perform an investigation of the background of the expert witness to find out any risks that could be present.
Your attorney will conduct an interview with you, along with any other eyewitnesses who witnessed the accident before it happened. It is crucial to remember that the insurance companies of defendants will try to get you to acknowledge fault or make statements that they can twist and distort to undermine your claim.
Litigation
As with all drivers, truck drivers have a duty to obey traffic laws and to use reasonable care on the road. If they fail in this duty and their carelessness causes a crash, they could be held accountable for the accident damages suffered by the victims of the collision.
To prove the defendant's negligence, our lawyer will gather a number of eyewitnesses who witnessed the crash and provide written or oral evidence about the circumstances of the collision. Our team will also review other evidence such as skidmarks and points of impact, and conduct crash testing.
Sometimes, the reason for an accident involving a truck is complex and involves multiple parties. If the accident was caused by defective equipment or improper maintenance, we could sue the producers or the truck. lynn truck accident law firm might also sue the mechanic who made the repairs or the repair shop.
We will try to resolve your dispute outside of court, however should the trucking firm or its insurance company refuses to accept an equitable settlement offer, we will prepare for trial. During a trial, a jury or judge will decide on the dispute like who was the culprit and the amount of compensation you should receive. Your legal damages will be determined based on the total of your losses, which include financial, physical and emotional pain.
Statute of limitations
While the legal process following a crash with a truck can be a bit complicated, knowing how these cases typically proceed will help you anticipate what is ahead and give you a better idea of how long your case could take.
Liability is one of the most important steps. It is likely that a trucker who was drowsy or distracted or impaired will be held accountable for the damages you suffered. However, there may be other parties accountable as well. If the accident was caused by poor repairs such as a mechanic or company that manufactured the truck or its components could be held accountable in the context of the law governing respondeat superior.
You could also be entitled to damages for punitive if the guilty party committed an act of recklessness that was more severe. To determine this, we must prove that they behaved in a reckless, impulsive way, and with a disregard for your safety and the safety of others.
It's important to work with an attorney who is familiar with the complexities of truck accidents. Insurance companies and attorneys representing the parties at fault are frequently wolves in sheep's clothing and will attempt to obtain statements from you that they can use against you later. You can stay clear of these pitfalls by hiring an attorney to handle your communications.