The Process of a Truck Accident Lawsuit
Many truck accidents cause victims to suffer severe and permanent injuries. These accidents can lead to significant medical costs, lost income and psychological damages.
Your attorney will issue a Summons and Complaint to all parties that are responsible. This process could take several years. Because New York uses comparative fault rules, your lawyer can ensure that any shared responsibility is properly defined and allocated to defendants.
Investigations
When someone is injured in a truck accident there is much more at stake than in an auto crash. The consequences of a truck crash can be life-altering and the impact is more complex due to the weight and size of commercial trucks. These accidents also require more intricate investigation.
To protect their interests, trucking companies or insurance companies will usually conduct their investigations immediately after the accident. The victims are left to deal only with their injuries, and they are unable to collect evidence. This puts them at a disadvantage when compared to the insurance provider and trucking companies.
A seasoned attorney for truck accidents knows to look for evidence from a variety of sources such as police reports, witness statements, and inspections of vehicles. A lawyer with experience cannot rely solely on police reports alone because they are usually not sufficient for civil litigation. Police officers might not be equipped to conduct an investigation correctly and may not collect all the evidence required for a lawsuit.
Other types of information include logbook records, maintenance and service records for the truck and other equipment, data from the event data recorder (also called a black box) and more. A skilled attorney will ask the truck driver and the trucking company for these and other kinds of evidence, and then analyse them to determine the reason for the accident.
Expert Witnesses
A expert witness for a truck accident could aid your lawyer in proving various aspects of the case. For example an expert in medicine can prove to your lawyer that the crash resulted in your injuries. Your expert can also testify as to the impact your injuries could have on your future quality of life. Expert witnesses can assist your lawyer determine your damages including lost income and your future earning capacity.
Your expert can review the physical evidence and explain how your injury will impact your future. A medical expert is a good example. They can explain how your accident may impact your physical and mental health. A metallurgist is a different kind of expert who can analyze the reasons why a vehicle component failed. There are experts who can determine if the weather was a factor in the crash.
Your expert's job is to give an impartial and objective view after analyzing the evidence. Some experts could be a liability for your case if their opinions are biased or they have ties with the defendants. Your attorney can conduct an identity check to identify these risks and ensure you have the top expert witnesses available.
In addition to experts, your lawyer will also interview you and other eyewitnesses. This includes witnesses who witnessed the crash occurring before it occurred. It is important to keep in mind that the defendants' insurance firms will try to get you to admit that they are at fault or to make claims they can twist and distort to weaken your claim.
new orleans truck accident lawsuit
Like any other driver truck drivers also have a obligation to observe traffic laws and to use reasonable care when driving. If they fail in this duty and their negligence leads to a crash, they could be held responsible for damages caused by the accident to those who were injured in the crash.
To show the defendant's negligence our lawyer will collect a variety of evidence from eyewitnesses who witnessed the crash and give either oral or written testimony regarding the circumstances of the collision. 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 cause of an accident involving a truck is complex and involves multiple parties. If the accident was caused by defective equipment, or improper maintenance, we could sue the manufacturers or the truck. We could also sue the mechanic or repair shop accountable for the repairs.
We will attempt to resolve your dispute outside of court. If, however, the trucking firm or its insurer refuses an equitable settlement or offer, we'll prepare to go to trial. During the trial the judge or jury will decide on the merits of the dispute like who was responsible for the crash and what amount of compensation you are entitled to receive. The amount of your legal damages will be based on the losses you have documented, which comprise financial, physical and emotional pain.
Statute of Limitations
Understanding how these cases normally take place can help you prepare for what lies ahead and provide you with an idea of the time it might take to resolve your case.
The process of establishing liability is among the most crucial steps. If the truck driver was tired or distracted, as an example the chances are that they will be held responsible for your damages. However, there might be other parties who are equally responsible. If the crash was caused by poor repairs and/or a mechanic, then the company that manufactured the truck or its components could be held liable under the legal theory respondeat superior.
It's also possible the accountable party did a greater reckless act, which could be grounds for you to receive punitive damages. In order to prove this, you must prove that they acted in a reckless and impulsive manner that was reckless and in disregard for your safety and that of others.
It is essential to work with an attorney who understands the complexities of truck accidents. Insurance companies and at-fault parties' attorneys are frequently as wolves in sheep's clothes and will try to obtain information from you which they can use against you later. You can avoid these pitfalls by hiring an attorney to manage your communications.