The Process of a Truck Accident Lawsuit
Truck accidents can cause severe and permanent injuries. These can result in significant medical expenses, lost wages and psychological damage.
Your lawyer will issue a Summons & Complaint to all parties that are responsible. This process could take a few years. Your lawyer can assist you determine if any shared responsibility has been properly assessed and allocated.
Investigations
When someone is injured in a truck crash there is more at stake than in an auto crash. A truck crash can have life-altering consequences. The consequences are more complex because of the size and weight. These accidents also require more complicated investigations.
Due to this, trucking companies and insurance providers often conduct their own investigation immediately following a crash to protect their interests. The victims are left to deal only with their injuries, and are not able to gather evidence. This puts them at a disadvantage comparison to the trucking company and insurance provider.
A truck accident lawyer who is experienced will look for evidence in various sources, such as police reports, witness testimony, and inspections of vehicles. A knowledgeable lawyer will not just rely on police reports, however, as these reports are often inadequate for civil litigation. Police officers aren't properly trained to conduct a proper investigation and could fail to gather all the evidence needed to support a lawsuit.
chula vista truck accident lawyer of data include logbook records, maintenance and service records for the truck and other equipment, data from the event data recorder (also known as a black box), and more. A competent attorney will demand these as well as other types of evidence from the truck driver as well as the trucking company, and then analyze the evidence to determine what led to the accident.
Expert Witnesses
A expert witness for a truck accident could aid your attorney in proving different elements of the case. A medical professional for instance, can prove to your lawyer that the accident led to your injuries. Your expert can also testify as to the impact your injuries could have on your quality of life in the future. Expert witnesses can also assist your lawyer calculate the value of your losses, including lost income and loss of future earning capacity.
A medical professional can analyze the physical evidence and explain the impact of your injury on your future. For instance an expert in medical science will explain how the accident will affect you in terms of physical and mental well-being. A metallurgist is a different kind 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 give an impartial and objective opinion after examining the evidence. However, certain expert witnesses can become an issue in your case if they are biased or have connections to the defendants' companies. Your attorney can conduct an investigation into their background to determine the risks and ensure that you have the best experts in your case.
Your lawyer will interview you, as well as witnesses who were present at the incident before it occurred. Be aware that the insurance companies of the defendants will try to get your to admit your fault or provide statements that they can twist and deform to reduce your chances of winning.
Litigation
Truck drivers are also required to obey traffic laws and drive with reasonable care. If they fail to comply with these rules and their negligence leads to a crash, then they could be held responsible for the damages caused by the accident the victims are left with.
Our lawyer will obtain evidence from eyewitnesses and obtain oral or written testimony to prove the defendant was negligent. Our team will also look at other evidence, such as skidmarks as well as points of impact. We will also conduct crash testing.
Sometimes, the reason for an accident involving a truck can be complex and involves multiple parties. If the truck accident was caused by defective equipment, or improper maintenance, we could sue the manufacturer or the truck. We might also sue the repair shop or mechanic responsible for the repairs.
We will attempt to resolve your case out of court, but should the trucking company or its insurer refuses to accept an acceptable settlement offer and we prepare for trial. During trial in which a judge or jury will rule on disputes like who was at fault and what amount of compensation you are entitled to. The total of your legal damages will be based on your documented losses that include financial, physical, and emotional pain.
Statute of Limitations
While navigating the legal process following a truck crash can be confusing, knowing how these cases usually go can help you prepare for what is ahead and give you a better idea of the length of time your case may take.
The process of establishing liability is among the most crucial steps. It is possible that a trucker who was drowsy or distracted or impaired will be held responsible for the damages you suffered. There may be other parties also liable. For instance, if the crash occurred due to poor repairs such as a mechanic who completed the work or a company that manufactured the truck or its parts could be held responsible under the legal theory of respondeat superior.
You could also be entitled to damages for punitive harm if the accountable person acted in a manner of recklessness that was more serious. To do this, we must prove that they behaved in a reckless, impulsive way, and with a disregard for your safety as well as that of others.
It is essential to work with a lawyer who is familiar with the complexities of truck accident cases. Insurance companies and attorneys for the at-fault party can be seen as wolves in sheepskins and will try to force you to give statements that they can later use against you. If you hire an attorney to handle all communications, you will avoid these traps.