The Process of a Truck Accident Lawsuit
Many truck accidents result in victims suffering severe and permanent injuries. They can result in substantial medical expenses as well as psychological damages.
Your attorney will issue a Summons & Complaint to the parties who are liable. This process could take many years. Your lawyer can help determine whether any shared responsibility has been properly assessed and assigned.
Investigations
A truck crash can be more serious than an auto crash. A truck accident can have life-altering consequences. The impact is more complex due to the weight and size. These accidents also involve more complicated investigation.
To protect their interests, trucking companies or insurance companies will usually conduct investigations right after the incident. The issue is that the injured are left to manage their injuries and aren't capable of obtaining evidence. columbia truck accident lawsuit leaves them at a disadvantage when compared to the insurance company and trucking companies.
A seasoned attorney for truck accidents can find evidence from many sources that include police reports, witness statements, and inspections of vehicles. A skilled lawyer should not only rely on police reports however, as these documents are often inadequate for civil litigation. Police officers aren't properly trained to conduct an appropriate investigation and could not be able to gather all the evidence needed to support an action.
Other kinds of information could include logbook records, maintenance and service records from the truck. The data from the event data recording device (also known as a black box) is also available. An experienced attorney will seek these and other forms of evidence from the truck driver and the trucking company and carefully examine the evidence to determine what led to the accident.
Expert Witnesses
A expert witness from a truck accident can aid your attorney in proving different aspects of the case. A medical professional could, for instance, give evidence to your lawyer that the crash caused your injuries. Your expert can also testify regarding how your injuries will affect your life-style and quality of living. Expert witnesses can also help your lawyer calculate the value of your losses, including lost income and loss of future earning capacity.
Your expert can review physical evidence and explain the impact of your injury on your future. A medical professional for instance, can explain how your accident might affect your mental and physical health. Another type of expert is a metallurgist who will identify the reason a part of a vehicle failed. There are also experts who analyze how the weather may have contributed to the crash.
Your expert's role is to provide an unbiased and impartial opinion after having analyzed the evidence. However, certain expert witnesses could pose a liability risk in your case if they are biased or have ties to the defendant's businesses. Your lawyer can conduct an investigation of the background of the expert witness to find out any potential risks.
Your lawyer will interview you, as well as witnesses who were present at the incident prior to it happening. It is crucial to remember that the insurance companies of defendants will attempt to force you to admit fault or make statements they can twist or distort to weaken your claim.
Litigation
Truck drivers are also required to obey traffic laws and drive with reasonable care. If they fail in this obligation and their negligence causes a crash, they could be held accountable for damage to the victims of the crash.
Our attorney will collect evidence from eyewitnesses as well as written or oral evidence to prove the defendant was negligent. Our team will also review various other evidences, including skid marks and areas of impact, and conduct crash tests.
Sometimes, the cause of an accident involving a truck can be complex and involves multiple parties. For instance, if the truck crash was caused by defective equipment or improper maintenance, we could seek to sue the producers of that equipment or the trucks themselves. We might also bring a lawsuit against the mechanic that performed the repairs or the repair shop.
We will attempt to resolve your case without going to court. However, if the trucking company or its insurer refuses a fair settlement, we will prepare to go to trial. During the trial, a judge or jury will decide on any disputed issues such as who was at fault for the crash and the amount of compensation you must receive. The amount 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 crash with a truck can be a bit complicated, knowing the typical procedure for these cases will help you anticipate what's to come and give you a better idea of the length of time your case might take.
One of the most important steps is establishing the responsibility. If an truck driver was sleepy or distracted, for instance the chances are that they will be held responsible for the damages. There could be other parties also liable. If the crash was the result of poor repairs or a mechanic, then a company that manufactured the truck or its components could be held responsible in the context of the law governing respondeat superior.
You could also be entitled to damages for punitive harm if the accountable person committed an act of recklessness that was more severe. To prove this, we must prove that they acted in a willful and wanton way, and with a disregard for your safety as well as that of others.
It is essential to work with an attorney who understands the complexities of truck accidents. Insurance companies and lawyers for the at-fault parties are often sheepskins in wolves and will try to force you to sign documents that they can later use against you. If you have an attorney handling all communications, you can avoid these pitfalls.