The Process of a Truck Accident Lawsuit
Accidents involving trucks can cause serious and permanent injuries. These can result in significant medical expenses as well as psychological damages.
Your lawyer will issue an Summons and Complaint to all parties liable. This process can take several years. Your lawyer can help you determine whether any shared responsibility been properly assessed and allocated.
Investigations
When someone is injured in a truck accident there is much more at stake than a car crash. A truck crash can have devastating consequences for the person. The consequences are more complex because of the weight and size. These accidents also involve more complicated investigations.
Because of this, trucking companies and insurance providers typically conduct their own investigations following the incident to protect their interests. The problem is that victims are left to handle their injuries and aren't in a position to gather evidence. This leaves them at a disadvantage compared to the insurance company and trucking company.
A lawyer for truck accidents who is skilled will look for evidence from a variety of sources, such as witness testimony, police reports and vehicle inspections. A lawyer who is well-informed does not rely on police reports alone, as they are often not sufficient 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 the court case.
Other types of information might include logbook and maintenance records and service records from the truck. The data from the event data recording device (also known by the name black box) is also available. 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 analyse them to determine the reason for the accident.
Expert Witnesses
An expert witness can help your lawyer establish the various aspects of your truck accident case. An expert in medicine for instance, can provide proof to your attorney that the accident resulted in your injuries. Your expert can also testify as to the impact your injuries will have on your quality of life in the future. Expert witnesses can help your lawyer determine the extent of your injuries including lost income and future earning capacity.
A medical professional can examine physical evidence and discuss the consequences of your injury on your future. Medical experts, for example, can explain how your accident may affect your mental and physical health. A metallurgist is a different kind of expert who will analyze the reasons behind why a vehicle component failed. There are also experts who determine if the weather could have contributed to the crash.
The primary role of an expert witness is to examine the evidence and give an unbiased opinion. However, some expert witnesses could pose an issue in your case if they are biased or have connections to the defendants' businesses. Your attorney can perform a background check on the expert witness to find out any risks that could be present.
Alongside expert witnesses, your lawyer will also interview you and witnesses, including witnesses who witnessed the crash occurring before it happened. You should be aware that the insurance companies of the defendants will attempt to get your to admit your fault or give statements that they can twist or alter to weaken your case.
Litigation
As with all drivers truckers are required by law to adhere to a obligation to observe traffic laws and to exercise reasonable care while driving. If they do not comply with this duty and their negligence results in an accident, they could be held accountable for the accident damages suffered by the victims of the crash.
Our lawyer will collect evidence from eyewitnesses and seek either oral or written evidence to prove that the defendant was negligent. Our team will also examine the various other evidence, like skid marks and points of impact, and will conduct crash tests.
Sometimes, the cause of an accident involving a truck can be complex and involves multiple parties. If the truck crash was caused by defective equipment or maintenance that was not done properly, we could sue the producers or the truck. We might also sue the repair shop or mechanic who performed the repairs.
columbia truck accident lawyer will attempt to settle your case outside of court, but if the trucking company or its insurer is unable to make an acceptable settlement offer and we prepare for trial. During a trial in which a judge or jury will decide on disputed issues such as who was responsible and how much compensation you should receive. The total amount of your legal damages will be determined based on your documented losses, which include financial, physical and emotional pain.
Statute of Limitations
Although navigating the legal system following a truck accident may be confusing, knowing how these cases typically proceed will help you understand what's ahead and give you a better idea of the length of time your case might take.
Establishing liability is one of the most important steps. It is possible that a trucker who was drunk or distracted or impaired will be held responsible for the damages you have suffered. However, there could be other parties who are equally responsible. If the accident was the result of poor repair, then a mechanic or company that manufactured the truck or its components could be held liable under the legal theory of respondeat superior.
You may also be entitled to damages for punitive if the guilty person acted in a manner of recklessness that was more severe. To determine this, we must prove that they acted in a reckless, impulsive way, and with a disregard for your safety and the safety of others.
It is important to work with an attorney who is familiar with the complexities involved in truck accidents. Insurance companies and at-fault parties' attorneys are often sheep in sheep's clothes and will try to collect statements from you that they may use against you later. By having an attorney manage all communications, you can avoid these pitfalls.