The Process of a Truck Accident Lawsuit
Many truck accidents result in victims suffering severe and lifelong injuries. Accidents can result in massive medical expenses, loss of income, and psychological damage.
Your attorney will issue a Summons and Complaint to all parties liable. The process can take a few years. Your lawyer can assist you determine whether any shared responsibility has been properly assessed and allocated.
Investigations
A truck crash can be more serious than an auto collision. The consequences of a collision with a truck could be catastrophic and the impact is more complex due to the size and weight of commercial trucks. These accidents also require more sophisticated investigation.
To protect their interests the trucking companies and insurance companies usually conduct their investigations immediately after the incident. The victims are left to deal only with their injuries and are not able to gather evidence. This leaves the injured at a disadvantage to the insurance company and trucking company.
A lawyer for truck accidents with experience will search for evidence in various sources, such as witness testimony, police reports 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 always trained to conduct an investigation properly and they may not be able to gather all the evidence needed for a lawsuit.
Other types of data include logbook entries, maintenance and service records for the truck as well as data from the event data recorder (also called a black box) and many more. An experienced attorney will seek these and other forms of evidence from the truck driver and trucking firm, and then thoroughly analyze them to determine the cause of the accident.
Expert Witnesses
An expert witness can aid your lawyer establish the various aspects 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 will also testify on the impact your injuries could have on your quality of life in the future. Expert witnesses can assist your lawyer determine the value of your injuries, which includes lost income and loss of earning capacity in the future.
Your doctor can look over physical evidence and discuss the consequences 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 that can determine the reason why a component of a vehicle failed. There are also experts who determine if the weather could be a factor in the crash.
Your expert's responsibility is to provide an unbiased and objective opinion after having examined the evidence. Some experts could be a liability to your case if their opinions are biased or if they have ties to the defendants. Your lawyer can conduct a background check on the expert witness in order to identify any risks.
Your lawyer will question you, along with any other eyewitnesses who saw the accident before it happened. You should be aware that the insurance companies of the defendants will try to convince you to admit fault or make statements that they can twist and change to make your case more difficult.
Litigation
Truck drivers must also adhere to traffic laws and use reasonable care when driving. If they fail to comply with these rules and their negligence results in a crash, then they could be held liable for the damages caused by the accident the victims are liable for.
To establish the defendant's negligence, our lawyer will collect a number of eyewitnesses who witnessed the crash and provide oral or written evidence of the circumstances of the collision. Our team will also look at other evidence, including skidmarks as well as points of impact. We will also conduct crash testing.
Sometimes, the reason for the truck crash is complex, involving multiple parties. If the truck accident was caused by defective equipment, or maintenance that was not done properly, we can sue the makers or the truck. We could also sue the mechanic or repair shop accountable for the repairs.
We will endeavor to resolve your case outside of court, however should the trucking company or its insurer refuses to accept an appropriate settlement offer then we will prepare for trial. During the trial in court, a jury or judge will decide on the merits of the dispute such as who was responsible for the crash and the amount of compensation you are entitled to receive. Your legal damages will be calculated based on the total of your losses, including financial, physical and emotional pain.
Statute of limitations
Understanding how these cases normally proceed can help prepare you for the future and give you an idea of how long it could take to resolve your case.
One of the most important steps is establishing liability. If the truck driver was tired or distracted, for instance the chances are that they will be held responsible for the damages. There may be delaware truck accident law firm that are equally responsible. For instance, if the crash occurred due to poor repairs for instance, a mechanic who completed the work or a company that manufactured the truck or its parts could be held responsible according to the legal doctrine of respondeat superior.
It's also possible that liable party may have committed a more serious reckless act that might entitle you to punitive damages. In order to prove this, you must prove that they acted in a reckless, impulsive manner that was reckless and in disregard for your safety as well as that of others.
It's important to work with an attorney who is familiar with the complexities involved in truck accidents. Insurance companies and the lawyers representing the parties at fault are frequently the wolves in sheep's clothing who will attempt to obtain statements from you that they may use against you later. By having an attorney handle all communications, it is possible to stay clear of these traps.