The Process of a Truck Accident Lawsuit
Truck accidents can cause severe and permanent injuries. These can result in significant medical expenses as well as psychological trauma.
Your attorney will prepare a Summons and Complaint against all responsible parties. The process could last for 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
A truck accident could be more severe than an auto accident. A truck crash can have life-changing effects. The consequences are more complex due to its size and weight. These accidents also require more complex investigations.
Because of this, trucking companies and insurance providers often conduct their own investigations right after an accident to safeguard their interests. The issue is that the injured are left to take care of their injuries, and aren't being able to gather evidence. This leaves them in a position of disadvantage compared to the insurance provider and trucking companies.
A seasoned truck accident attorney is able to find evidence from many sources such as police reports, witness statements and vehicle inspections. A lawyer who is experienced will not rely on reports from the police since they are typically insufficient for civil litigation. Police officers aren't trained to conduct a proper investigation and might fail to gather all the evidence required to file the filing of a lawsuit.
Other types of data include logbook records, maintenance and service records for the truck as well as data from the event data recorder (also known as a black box) and many more. A skilled attorney will ask the driver of the truck as well as the trucking company for these and other forms of evidence and then carefully analyze them to determine the causes of the accident.
Expert Witnesses
A professional witness can help your lawyer to prove different elements of your truck accident case. For instance medical experts can prove to your lawyer that the crash caused your injuries. Your expert can also testify regarding how your injuries could affect your quality of life in the future. Expert witnesses can also help your lawyer determine the value of your damages, which could include lost income and loss of earning capacity in the future.
Your expert can review the physical evidence and explain how your injuries will impact your future. A medical professional, for example, can explain how the accident could impact your physical and mental health. Another kind of expert is a metallurgist who will determine the reason why a component of a vehicle failed. There are also buffalo truck wreck lawyer who examine the way in which weather conditions could have contributed to the crash.
The main function of your expert witness is to analyze the evidence and give an unbiased opinion. However, certain expert witnesses could be risky for your case if they are biased or have connections to the defendants' companies. Your attorney can conduct a background check to find these risks and ensure that you have the best expert witnesses available.
Apart from expert witnesses, your lawyer will also question you and other eyewitnesses, such as witnesses who witnessed the accident taking place before it occurred. Be aware that the insurance companies of the defendants will attempt to convince you to admit your fault or make statements that they can twist or alter to weaken your case.
Litigation
Truck drivers are also required to follow traffic laws and use reasonable care when driving. If they fail to do so and their negligence leads to an accident, then they could be held liable for the injuries that the victims suffer.
Our lawyer will gather evidence from eyewitnesses and obtain written or oral evidence to prove the defendant was negligent. Our team will also examine other evidence like skidmarks and points of impact. They will also conduct crash testing.
Sometimes, the cause of an accident involving a truck can be complex and involves multiple parties. For instance, if the truck accident was caused by defective equipment or improper maintenance, we may sue the manufacturers of that equipment or the trucks themselves. We might also claim against the mechanic who did the repairs or the repair shop.
We will attempt to resolve your case out of court, but should the trucking firm or its insurance company refuses to make an acceptable settlement offer and we prepare for trial. In the trial, a jury or judge will decide on the dispute such as who is at fault and what amount of compensation you should get. The total of your legal damages will be determined based on your documented losses that comprise financial, physical and emotional suffering.
Statute of limitations
Understanding how these cases normally take place can help you prepare for what's to come and give you an idea of the time it might take to resolve your case.
One of the most important actions is to establish the responsibility. If a truck driver was drowsy or distracted, for instance the chances are that they'll be held accountable for your losses. However, there might be other parties also liable. If the accident was caused by faulty repairs such as a mechanic or company that made the truck or its components could be held liable under the legal theory of respondeat superior.
It's also possible that liable party was guilty of a more serious reckless act, which could be grounds for you to receive punitive damages. To be able to prove this, you need to prove that the responsible party acted with reckless disregard to your safety, or that of others.
It is important to work with an attorney who understands the complexities of truck accidents. Insurance companies and attorneys for at-fault parties are often sheepskin wolves and will try to get you to give statements that they later use against you. If you have an attorney handling all communications, you can avoid these pitfalls.