The Process of a Truck Accident Lawsuit

Many accidents involving trucks cause lifelong and severe injuries. These accidents can result in significant medical expenses, lost income, and psychological injuries.

Your lawyer will issue a Summons & Complaint to the parties who are liable. This process could take many years. Since New York uses comparative fault rules, your lawyer can ensure that any shared responsibility is appropriately evaluated and distributed to defendants.

Investigations

When someone is injured in a collision with a truck there is much more at stake than in an auto crash. A truck accident could result in life-altering consequences. The impact is more complex because of the size and weight. These accidents also require more sophisticated investigation.

As a result, insurance companies and trucking firms often conduct their own investigation immediately following the incident to protect their interests. The issue is that the victims are left to manage their injuries and aren't being able to gather evidence. This puts them at a disadvantage when compared to the insurance provider and trucking companies.

A seasoned truck accident attorney will seek evidence from numerous sources that include police reports, witness statements, and vehicle inspections. A seasoned lawyer won't depend solely on police reports however, as these documents are typically not adequate for civil litigation purposes. Police officers may not be trained to conduct an investigation properly and they may not be able to gather all the evidence needed to file an action.

Other kinds of records include logbook data maintenance and service records for the truck and other equipment, truck accident attorney data from the event data recorder (also called a black box) and many more. A competent attorney will request the truck driver and the trucking company for these and other forms of evidence and then carefully analyze them to determine the root of the accident.

Expert Witnesses

A expert witness in a truck accident can assist your attorney in proving different elements of the case. An expert in medicine for instance, can give evidence to your lawyer that the accident caused your injuries. Your expert can also testify regarding how your injuries could affect your life-style and quality of living. Expert witnesses can also assist your lawyer assess the value of your injuries, which includes lost income and loss of future earning capacity.

Your expert can review the physical evidence and explain the impact of your injury on your future. For example, a medical expert can explain how your accident will affect your 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 if weather was the cause of the crash.

Your expert's job is to provide an unbiased and objective view after analyzing the evidence. Some expert witnesses may be a liability for your case in the event that their opinions are biased or they have connections to the defendants. Your lawyer can conduct an investigation of the background of the expert witness in order to identify any potential risks.

In addition to expert witnesses, your attorney will also speak with you and other eyewitnesses. This includes witnesses who witnessed the crash take place before it occurred. It is important to keep in mind that the defendants' insurance companies will try to convince you to admit that they are at fault or to make claims they can twist and deceive to weaken your claim.

Litigation

Truck drivers must also adhere to traffic laws and take reasonable care when driving. If they fail to do so and their negligence leads to a crash, then they could be held liable for the accident damages that the victims are left with.

Our lawyer will gather evidence from eyewitnesses and obtain written or oral testimony to prove that the defendant was negligent. Our team will also study an array of other evidence, like skid marks and areas of impact, and conduct crash tests.

Sometimes, the reason for an accident involving a truck accident attorneys is complex and involves multiple parties. If the accident was caused by defective equipment or improper maintenance, we can sue the makers or the truck accident compensation. We might also sue the mechanic or repair shop accountable for the repairs.

We will try to settle your case outside of court. If, however, the trucking company or its insurance company refuses to negotiate a fair settlement and we are unable to reach a fair settlement, we will go to trial. During the trial in court, a jury or truck accident attorney judge will rule on disputed issues like who was at fault for the accident and what amount of compensation you must receive. The amount of your legal damages will be determined based on your documented losses, which include physical, financial and emotional pain.

Statute of limitations

Knowing how these cases typically are handled can help you prepare for the future and provide you with an idea of the time it might take to resolve your case.

Liability is one of the most important steps. It is likely that a trucker who was drunk or distracted or impaired will be held responsible for the damages you suffered. However, there might be other parties liable as well. If the crash was caused by faulty repairs or a mechanic, then a company that made the truck or its components could be held responsible under the legal theory respondeat superior.

You could also be entitled to punitive damages if the responsible person committed an act of recklessness that was more severe. To determine this, we must prove that they acted in a reckless and impulsive way, and with a disregard for your safety and that of others.

It is crucial to choose an attorney who is experienced with the complexities involved in truck accident cases. Insurance companies and the lawyers representing the parties at fault are frequently as wolves in sheep's clothes and will try to collect statements from you that they could use against you in the future. If you hire an attorney to handle all communications, you will stay clear of these traps.