The Process of a Truck Accident Lawsuit
Many truck accidents cause victims to suffer severe and lifelong injuries. These can result in significant medical expenses, lost wages and psychological trauma.
Your lawyer will issue a Summons and Complaint to the parties who are liable. This process can last several years. Your lawyer can assist you determine whether any shared responsibility been properly assessed and assigned.
Investigations
A truck crash could be more severe than a car accident. The consequences of a truck crash can be devastating and the impact can be more complicated due to the size and weight of a commercial truck. These accidents also involve more intricate investigation.
To protect their interests the trucking companies and insurance providers will often conduct their investigations immediately after the accident. The issue is that the injured are left to manage their injuries and are not able to collect evidence. This puts them at a disadvantage comparison to the trucking company and insurance company.
A seasoned attorney for truck accidents knows to look for evidence from numerous sources which include police reports witness statements, and inspections of vehicles. A lawyer who is experienced does not rely on police reports alone because they are usually insufficient for civil litigation. Police officers aren't taught to conduct a proper investigation and may fail to gather all the evidence needed to support the filing of a lawsuit.
Other types of information may include logbook and maintenance records and service records from the truck. The data from the event data recording device (also known as the black box) is also available. An experienced attorney will ask both the driver of the truck and trucking company for these types and other types of evidence, and then look over them to determine causes of the accident.
Expert Witnesses
An expert witness can assist your attorney prove various elements of your truck accident case. For example an expert in medical science can give your lawyer proof that the crash resulted in your injuries. Experts can also testify on how your injuries affect your quality of life in the future. Expert witnesses can assist your lawyer assess the value of your damages, which could include lost income and loss of future earning capacity.
A medical professional can analyze the physical evidence and explain how your injury will affect your future. A medical professional can, for instance, explain how the accident could affect your physical and mental health. A metallurgist is another type of expert that can examine the reasons why a vehicle component failed. There are also experts who determine if the weather could be a factor in the crash.
Your expert's role is to provide an impartial and objective view after analyzing the evidence. However, some expert witnesses could pose a liability risk for your case if they're biased or have ties to the defendant's companies. Your attorney can use an identity check to identify these risks and make sure that you have the best expert witnesses available.
Your lawyer will question you, as well as any other eyewitnesses who witnessed the incident before it occurred. You should be aware that the insurance companies of the defendants will attempt to convince you to admit your fault or give statements that they can twist and change to weaken your case.
Litigation
Just like other drivers truck drivers are also required to obey traffic laws. obligation to observe traffic laws and to exercise reasonable care when driving. If they do not fulfill this duty and their carelessness causes a crash, they may be held accountable for injuries incurred by those who were injured in the collision.
To establish miami beach truck wreck lawyer , our attorney will gather a range of evidence from eyewitnesses who witnessed the crash and provide written or oral testimony about how the crash occurred. Our team will also examine an array of other evidence, including skid marks or points of impact, and will conduct crash tests.
Sometimes, the cause of a truck accident is complicated, involving multiple parties. For instance, if a truck crash was caused by defective equipment or poor maintenance, we may be able to sue the makers of that equipment or the trucks themselves. We could also bring a lawsuit against the mechanic that performed the repairs or the repair shop.
We will attempt to resolve your case out of court, however should the trucking company or its insurer is unable to make an appropriate settlement offer and we prepare for trial. During the trial the jury or judge will decide on the merits of the dispute like who was at fault for the crash and what amount of compensation you are entitled to receive. The total amount of your legal damages will be determined based on the losses you have documented, which comprise financial, physical and emotional suffering.
Statute of Limitations
Understanding how these cases usually take place can help you prepare for what lies ahead and provide you with an idea of the time it might take to resolve your case.
Finding out who is responsible is one of the most important steps. If the truck driver was tired or distracted, for example the chances are that they'll be held accountable for your damages. There could be other parties also accountable. If the crash was the result of poor repairs and/or a mechanic, then the company that manufactured the truck or its components could be held accountable according to the legal theory of respondeat superior.
It's also possible that the accountable party committed a more severe reckless act, which could result in punitive damages. To prove this, we need to establish that the liable party acted with reckless disregard for your safety or the safety of others.
It is essential to work with an attorney who understands the complexities of truck accidents. Insurance firms and attorneys for the at-fault parties are often sheepskin wolves and will try to force you to sign statements that they later use against you. If you hire an attorney to handle all communications, you will avoid these traps.