The Process of a Truck Accident Lawsuit
Truck accidents can result in severe and permanent injuries. These accidents can result in substantial medical expenses, loss of income, and psychological injuries.
Your attorney will file an Summons and Complaint against all liable parties. The process can take a few years. Your lawyer can help you determine whether the shared responsibility has been properly assessed and allocated.
Investigations
A truck accident can be more serious than an auto crash. The effects of a crash involving a truck can be life-changing and the impact is far more complex due to the weight and size of commercial trucks. These accidents also require more complex investigation.
To protect their interests trucking companies or insurance companies often conduct their investigations immediately after a crash. The victims are left to deal only with their injuries, and they are not able to gather evidence. This puts them at a disadvantage in comparison to the trucking company or insurance company.
A seasoned truck accident attorney can find evidence from a variety of sources such as police reports, witness statements and inspections of vehicles. A knowledgeable lawyer will not only rely on police reports, however, because these documents are not always sufficient for civil litigation purposes. Police officers aren't always trained to conduct an inquiry properly and they may not be able to gather all the evidence required for 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 called 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 carefully examine them to determine the causes of the accident.
Expert Witnesses
A expert witness in a truck accident can help your attorney prove different elements of the case. For example medical experts will provide your lawyer with evidence that the crash caused your injuries. Your expert can also testify as to the impact your injuries will have on your life-style and quality of living. Expert witnesses can also help your lawyer calculate the value of your damages, which could include lost income and loss of future earning capacity.
Your doctor can look over physical evidence and discuss the consequences of your injury on your future. A medical expert is a good example. They can explain how the accident could affect your physical and mental health. Another type of expert is a metallurgist that can analyze why a vehicle part failed. There are also experts who can assess the ways in which weather might be a factor in the crash.
The primary role of your expert is to analyze the evidence and provide an objective opinion. Some experts could be a liability in your case when their opinions are skewed or they have connections to the defendants. Your lawyer can conduct an investigation into the background of the expert witness to identify any risks.
Apart from expert witnesses, your lawyer will also question you and other eyewitnesses, including any witnesses who witnessed the accident taking place before it happened. It is important to remember that the defendants' insurance firms will attempt to force you to admit fault or make statements they can twist or distort to diminish your case.
Litigation
Truck drivers are also required to obey traffic laws and drive with reasonable care. If they fail to fulfill this obligation and their carelessness causes a crash, they may be held accountable for the accident damages suffered by the victims of the collision.
Our lawyer will obtain evidence from eyewitnesses, and get either oral or written evidence to prove the defendant was negligent. Our team will also review other evidence like skidmarks and points of impact and conduct crash testing.
Sometimes the reason for an accident involving a truck is complex, involving multiple parties. If the truck accident was caused by defective equipment, or maintenance that was not done properly, we can sue the makers or the trucks. We could 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. If, however, the trucking firm or its insurance company refuses to negotiate a fair settlement then we will prepare to go to trial. During the trial the jury or judge will decide on issues that are disputed, such as who was at fault for the accident and the amount of compensation you are entitled to be awarded. The total of your legal damages will be determined based on the losses you have documented that comprise financial, physical and emotional suffering.
Statute of limitations
Understanding how these cases typically take place can help you prepare for what's to come and give you an idea of how long it may take to settle your case.
One of the most important steps is to establish liability. modesto truck accident law firm is likely that a trucker who was drowsy or distracted or impaired will be held accountable for the damages you suffered. However, there could be other parties accountable as well. For instance, if the accident was caused by poor repairs, for instance, a mechanic who completed the work or a company that manufactured the truck or its components could be held responsible according to the legal doctrine of respondeat superior.
You may also be entitled to damages for punitive acts if the responsible person acted in a manner of recklessness that was more serious. To prove this, we need to establish that the liable party acted in reckless disregard of your safety or that of others.
It is crucial to choose an attorney who is experienced with the complexities of truck accident cases. Insurance companies and lawyers representing the parties at fault are frequently the wolves in sheep's clothing who will try to get statements from you that they can use against you in the future. If you hire an attorney to handle all communications, you'll stay clear of these traps.