The Process of a Truck Accident Lawsuit
Many accidents involving trucks cause severe and permanent injuries. These can result in significant medical costs, lost wages and psychological damage.
Your attorney will prepare a Summons and Complaint against all parties liable. The process can take a few years. Your lawyer can help determine whether any shared responsibility has been properly assessed and allocated.
Investigations
A truck crash could be more severe than an auto crash. The consequences of a collision with a truck can be life-altering and the impact is far more complex due to the size and weight of a commercial truck. These accidents also require more complex investigation.
To protect their interests in the event of a crash, trucking firms or insurance companies usually investigate immediately following an accident. The victims are left to deal with their injuries, and are not able to gather evidence. This leaves them at a disadvantage when compared to the insurance provider and trucking companies.
A skilled truck accident lawyer will seek evidence from various sources such as police reports, witness statements and vehicle inspections. A seasoned attorney will not rely solely on police reports however, as these reports are often inadequate for civil litigation. Police officers aren't properly trained to conduct an effective investigation and may fail to gather all the evidence required to file the filing of a lawsuit.
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. A competent attorney will request these and other forms of evidence from the truck driver and the trucking company and then carefully analyze the evidence to determine what led to the accident.
Expert Witnesses
A professional witness can help your lawyer to prove different elements of your truck accident case. An expert in medicine, for example, can prove to your lawyer that the accident led to your injuries. Your expert may also testify regarding the impact your injuries will have on your future quality-of-life. Expert witnesses can assist your lawyer assess the damages which include lost income and future earning capacity.
Experts can review physical evidence and discuss the consequences of your injury on your future. An expert in medicine can, for instance, explain how your accident might affect your physical and mental health. A metallurgist is another type of expert who can determine the reasons why a car component failed. There are also experts who can analyze how the weather may be a factor in the crash.
The role of an expert witness is to provide an impartial and objective opinion after examining the evidence. Some experts could be a liability in your case when their opinions are biased or they have ties with the defendants. Your lawyer can conduct an investigation of the background of the expert witness to find out any risks.
Your attorney will interview you, as well as any other eyewitnesses who saw the incident before it occurred. You should be aware that the insurance companies of the defendants will try to get your to admit fault or provide statements that they can twist and change to make your case more difficult.
Litigation
Truck drivers must also adhere to traffic laws and drive with reasonable care. If they fail in this obligation and their negligence results in an accident, they could be held accountable for the injuries incurred by the victims of the crash.
Our lawyer will gather evidence from eyewitnesses and seek written or oral evidence to prove the defendant was negligent. Our team will also examine other evidence, such as skidmarks as well as points of impact. We will also conduct crash testing.
Sometimes the cause of an accident on the road is complicated with multiple parties. If the truck accident was caused by defective equipment or maintenance that was not done properly, we could sue the producers or the trucks. We might also claim against the mechanic who did the repairs or the repair shop.
We will attempt to settle your case outside of court, but should the trucking firm or its insurer refuses to accept an equitable settlement offer, we will prepare for trial. In trial where a judge or jury will decide on disputed issues such as who was responsible and the amount of compensation you'll receive. Your legal damages will be calculated according to the total of your losses, which include physical, financial, and emotional pain.
Statute of Limitations
While the legal process after a truck accident can be complicated, understanding the typical procedure for these cases can help you prepare for what's to come and give you a better sense of how long your case could take.
One of the most important steps is to establish liability. norfolk truck accident lawyer is probable that a driver who was drowsy, distracted, or otherwise impaired will be held responsible for the damages you have suffered. There could be other parties that are also liable. If the accident was the result of poor repair and/or a mechanic, then the company that made the truck or its components could be held liable according to the legal theory of respondeat superior.
You could also be entitled to punitive damages if the responsible party committed an act of recklessness that was more acrimonious. To do this, we must establish that they acted in a reckless and impulsive manner, with no regard for your safety and that of others.
It is essential to work with an attorney who is familiar with the complexities involved in truck accidents. Insurance companies and attorneys for at-fault party are usually wolves in sheepskins and will attempt to convince you to sign documents that they later use against you. You can avoid these pitfalls by having an attorney handle your communications.