The Process of a Truck Accident Lawsuit
Many truck accidents result in victims suffering lifelong and severe injuries. Accidents can result in significant medical costs, lost income, and psychological injuries.
Your lawyer will file an Summons and Complaint against all parties liable. This process could take a few years. Because allen truck wreck lawyer uses comparative fault rules, your lawyer can ensure that any shared responsibility is correctly evaluated and distributed to defendants.
Investigations
A truck accident could be more severe than a car accident. The effects of a crash involving a truck could be catastrophic and the impact is far more complicated due to the size and weight of commercial trucks. These accidents also require more intricate investigation.
To protect their interests trucking companies or insurance providers will often investigate immediately following an accident. The victims are left to deal only with their injuries, and are unable to collect evidence. This puts the injured at a disadvantage to the insurance provider and trucking companies.
A skilled attorney for truck accidents knows to look for evidence from various sources, including police reports, witness statements and inspections of vehicles. A knowledgeable lawyer will not rely solely on police reports however, as these reports are usually not sufficient for civil litigation purposes. Police officers aren't taught to conduct an effective investigation and may not gather all the evidence needed to support an action.
Other types of data include logbook entries maintenance and service records for the truck and the event data recorder (also known as a black box) and many more. A skilled attorney will request these and other forms of evidence from the truck driver and the trucking company and then carefully analyze the evidence to determine what led to the accident.
Expert Witnesses
An expert witness can assist your lawyer to prove different elements of your truck accident case. For instance medical experts will provide your lawyer with evidence that the crash resulted in your injuries. Experts can also testify regarding how your injuries will affect your life-style and quality of living. Expert witnesses can assist your lawyer determine the worth of your damages, including lost income and loss of future earning capacity.
Your expert can review the physical evidence and explain how your injury will impact your future. A medical expert can, for instance, explain how your accident may affect your physical and mental health. A metallurgist is an additional type of expert who will analyze the reasons why a car component failed. Experts can determine if the weather played a part in the crash.
The role of an expert witness is to give an impartial and objective opinion after having examined the evidence. However, certain experts can be a liability risk for your case if they are biased or have ties to the defendants' businesses. Your lawyer can conduct an investigation into the background of the expert witness to find out any risks.
Aside from expert witnesses, your attorney will also speak with you and other eyewitnesses, such as witnesses who witnessed the crash take place before it occurred. You should be aware that the insurance companies of the defendants will attempt to convince you to admit guilt or give statements that they can twist and change to weaken your case.
Litigation
Just like other drivers truck drivers also have a obligation to observe traffic rules and to exercise reasonable care when driving. If they fail in this duty and their negligence leads to a crash, they could be held accountable for accident damages suffered by those who were injured in the collision.
Our lawyer will obtain evidence from eyewitnesses and seek either oral or written evidence to prove that the defendant was negligent. 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 can be complex and involves multiple parties. If the truck crash was caused by defective equipment, or maintenance that was not done properly, we could sue the manufacturer or the trucks. We could also sue the mechanic or repair shop responsible for the repairs.
We will attempt to resolve your dispute outside of court, however in the event that the trucking company, or its insurance company is unwilling to make an appropriate settlement offer then we will prepare for trial. During the trial the judge or jury will decide on the merits of the dispute such as who was at fault for the crash and what amount of compensation you should be awarded. The amount of your legal damages will be based on the losses you have documented, which include financial, physical, and emotional pain.
Statute of Limitations
Although the legal process following a truck crash can be complicated, understanding how these cases typically proceed will help you anticipate what's to come and provide you with a better understanding of how long your case will take.
One of the most important steps is establishing the liability. If the truck driver was drunk or distracted, for example, it is likely they'll be held accountable for the damages. However, there may be other parties who are liable as well. For instance, if the accident occurred due to poor repairs, for instance, a mechanic who did the work or a business which made the truck or its components could be held liable according to the legal doctrine of respondeat superior.
You could also be entitled to damages for punitive if the guilty party committed an act of recklessness that was more serious. To determine this, we must prove that they acted in a reckless and reckless manner, with no regard for your safety and the safety of others.
It's important to work with an attorney who understands the complexities of truck accidents. Insurance firms and attorneys for the at-fault parties are often wolves in sheepskins and will try to get you to make statements that they can later use against you. If you hire an attorney to handle all communications, it is possible to avoid these pitfalls.