The Process of a Truck Accident Lawsuit
Many truck accidents result in victims suffering severe and lifelong injuries. These accidents can cause significant medical expenses, lost income and psychological damages.
Your attorney will prepare a Summons and Complaint against all parties liable. This process can last several years. Your lawyer can assist you determine if any shared responsibility has been properly assessed and assigned.
Investigations
When someone is injured in a crash involving a truck, there is a lot more at stake than an auto crash. A truck accident could have devastating consequences for the person. The impact is also more complex because of the size and weight. These incidents also require more complicated investigations.
As a result, insurance companies and trucking companies often conduct investigations right after an accident to protect their interests. The issue is that the injured are left to deal with their injuries and aren't able to collect evidence. This puts them at a disadvantage in comparison to the trucking company and insurance provider.
A truck accident lawyer who is experienced will look for evidence in a variety sources, including police reports, witness testimony, and inspections of vehicles. A skilled lawyer should not depend solely on police reports however, because these documents are often inadequate for civil litigation purposes. Police officers aren't taught to conduct an appropriate investigation, and they may not gather all the evidence required to file a lawsuit.
Other kinds of data include logbook entries, maintenance and service records for the truck as well as data from the event data recorder (also known as a black box) and more. An experienced attorney will ask the driver of the truck as well as the trucking company for these types and other types of evidence, and then look over them to determine root of the accident.
Expert Witnesses
A expert witness from a truck accident can aid your lawyer in proving different elements of the case. For instance medical experts can give your lawyer proof that the crash resulted in your injuries. college station truck accident law firm may be able to testify on how your injuries will affect your future quality-of-life. Expert witnesses can help your lawyer determine the extent of your injuries which include lost income and your future earning capacity.
Your expert can review physical evidence and explain the impact of your injury on your future. An expert in medicine, for example, can explain how your accident might affect your mental and physical health. Another kind of expert is a metallurgist who can identify the reason a part of a vehicle failed. There are also experts who can analyze how the weather may have caused the crash.
The primary function of an expert witness is to review the evidence and give an unbiased opinion. Certain expert witnesses could be a liability to 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 to identify any risks.
Your attorney will conduct an interview with you, along with any other eyewitnesses that witnessed the incident before it occurred. It is important to keep in mind that the defendants' insurance firms will try to convince you to admit fault or make statements that they can twist or distort to deny your claim.
Litigation
As with all drivers truck drivers are also required to obey traffic laws. duty to obey traffic laws and to exercise reasonable care on the road. If they do not fulfill this duty and their negligence results in a crash, they may be held liable for the accident damages suffered by the victims of the crash.
Our lawyer will gather evidence from eyewitnesses and obtain written or oral evidence to prove that the defendant was negligent. Our team will also study an array of other evidences, including skid marks or points of collision, and conduct crash tests.
Sometimes the reason for the truck crash is complex, involving multiple parties. If the truck accident was caused by defective equipment, or improper maintenance, we could sue the manufacturer or the truck. We could also sue the mechanic who performed the repairs or the repair shop.
We will attempt to settle your case outside of court, but should the trucking company or its insurer is unable to accept an acceptable settlement offer, we will prepare for trial. During the trial in court, a jury or judge will decide on any disputed issues like who was responsible for the accident and the amount of compensation you should be awarded. Your legal damages will be determined by the sum of your losses, which includes financial, physical and emotional suffering.
Statute of Limitations
While navigating the legal process following a crash with a truck can be a bit complicated, knowing how these cases typically proceed can help you plan for the future and give you a better idea of how long your case will take.
The process of establishing liability is among the most crucial steps. It is probable that a driver who was drunk or distracted or impaired will be held responsible for the harm you suffered. However, there may be other parties who are accountable as well. For instance, if the accident was caused by poor repairs for instance, a mechanic who did the work or a business that manufactured the truck or its components could be held accountable according to the legal doctrine of respondeat superior.
It's also possible that liable party did a greater reckless act, which might entitle you to punitive damages. To be able to prove this, you need to prove that the liable party acted with reckless disregard of your safety or that of others.
It's crucial to work with an attorney who is experienced with the complexities of truck accident cases. Insurance companies and the lawyers representing the parties at fault are often the wolves in sheep's clothing who will try to get statements from you that they may use against you in the future. By having an attorney manage all communications, you'll stay clear of these traps.