The Process of a Truck Accident Lawsuit
Many truck accidents leave victims with severe and lifelong injuries. These accidents can cause massive medical expenses, loss of income and psychological traumas.
Your attorney will issue an Summons and Complaint to all the parties responsible. This process can take several years. Since New York uses comparative fault rules, your lawyer will ensure that any shared liability is properly defined and allocated to defendants.
Investigations
When someone is injured in a truck accident, there is a lot more at stake than in an auto collision. A truck crash can have devastating consequences for the person. The consequences are more complex due to the size and weight. These accidents also require more sophisticated investigation.
To protect their interests trucking companies or insurance companies often investigate immediately following an accident. The issue is that victims are left to take care of their injuries and are not in a position to gather evidence. This puts them at a disadvantage comparison to the trucking company or insurance provider.
A seasoned attorney for truck accidents can find evidence from many sources such as police reports, witness statements, and inspections of vehicles. honolulu truck accident lawyer should not depend solely on police reports however, as these documents are often inadequate for civil litigation purposes. Police officers aren't taught to conduct an effective investigation, and they may fail to gather all the evidence required to file an action.
Other types of information might include logbook entries and maintenance and service records from the truck. The data from the event data recording device (also called a black box) is also available. A competent attorney will request both the driver of the truck and trucking company for these types and other types of evidence and then carefully analyse them to determine the reason for the accident.
Expert Witnesses
A expert witness for a truck accident could help your attorney prove various aspects of the case. A medical professional, for example, can give evidence to your attorney that the accident resulted in your injuries. Your expert can also testify as to how your injuries will impact your quality of life in the future. Expert witnesses can help your lawyer assess the value of your injuries, which includes lost income and loss of earning capacity in the future.
Experts can review physical evidence and discuss the consequences of your injury on your future. For example, a medical expert can show how your accident can impact your physical and mental health. A metallurgist, for instance, is another kind of expert who will analyze the reasons behind why a vehicle component failed. There are experts who can determine if weather was a factor in the crash.
A key role of your expert is to evaluate the evidence and give an unbiased 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 of the background of the expert witness to determine any risks that could be present.
Your attorney will conduct an interview with you, as well as witnesses who were present at the accident prior to it taking place. You should be aware that the insurance companies of the defendants will attempt to convince you to admit your fault or provide statements that they can twist and alter to make your case more difficult.
Litigation
As with all drivers truck drivers are also required to obey traffic laws. obligation to follow traffic laws and to take reasonable care while driving. If they do not follow the rules and their carelessness causes an accident, then they could be held accountable for the damages caused by the accident victims are liable for.
Our lawyer will collect evidence from eyewitnesses and seek either oral or written evidence to prove the defendant was negligent. Our team will also look at other evidence, including skidmarks and points of impact and conduct crash testing.
Sometimes, the cause of an accident involving a truck is complex and involves multiple parties. For instance, if the truck crash was caused by defective equipment or improper maintenance, we could 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 outside of court, however if the trucking company or its insurer refuses to make an equitable settlement offer and we prepare for trial. During a trial in which a judge or jury will rule on disputes like who was the culprit and what amount of compensation you are entitled to. The total amount of your legal damages will be determined based on the losses you have documented, which include financial, physical, and emotional suffering.
Statute of Limitations
While the legal process following a crash with a truck can be complex, understanding how these cases typically proceed will help you understand what's 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 important steps. If a truck driver was drowsy or distracted, for example it is likely that they'll be held accountable for your losses. There may be other parties that are also accountable. For instance, if the crash was caused by poor repairs such as a mechanic who completed the work or a company that made the truck or its parts might be held responsible according to the legal doctrine of respondeat superior.
It is also possible that the responsible party has did a greater reckless act that could be grounds for you to receive punitive damages. To determine this, we must establish that they acted in a reckless, impulsive manner, with no regard for your safety and that of others.
It is vital to hire an attorney who is knowledgeable with the complexities of truck accident cases. Insurance companies and lawyers for the at-fault parties are often wolves in sheepskins and will try to get you to sign statements that they can later use against you. You can avoid these traps by hiring an attorney to handle your communications.