17 Signs To Know You Work With Truck Accident Attorneys
The Process of a Truck Accident Lawsuit
Accidents involving trucks can cause serious and permanent injuries. These accidents can cause significant medical costs, lost income and psychological damages.
Your lawyer will issue an Summons and Complaint to all parties liable. This process can take several years. Since New York uses comparative fault rules, your lawyer will ensure that any shared responsibility is appropriately defined and allocated to defendants.
Investigations
A truck accident could be more severe than an auto collision. A truck accident could have devastating consequences for the person. The impact is also more complex due to its size and weight. These accidents also involve more complex investigation.
Because of this, trucking companies and insurance providers often conduct investigations following an accident to protect their interests. The problem is that victims are left to handle their injuries and are not being able to gather evidence. This puts 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 inspections of vehicles. A seasoned attorney will not only rely on police reports however, since these reports are not always sufficient for civil litigation purposes. Police officers are not trained to conduct a proper investigation, and they may not gather all the evidence needed for the filing of a lawsuit.
Other kinds of records include logbook data, maintenance and service records for the truck and the event data recorder (also called a black box), and more. A competent attorney will request these and other forms of evidence from the truck driver as well as the trucking company and then carefully analyze the evidence to determine what led to the accident.
Expert Witnesses
A expert witness for a truck accident could aid your lawyer in proving different aspects of the case. For instance an expert in medicine can prove to your lawyer that the crash caused your injuries. Your expert can also testify about how your injuries affect your life's quality of living in the future. Expert witnesses can assist your lawyer assess the value of your damages, including lost income and loss of future earning capacity.
Experts can examine the physical evidence and explain the impact of your injury on your future. A medical expert for instance, can explain how your accident may impact your physical and mental health. Another kind of expert is a metallurgist that can examine the reasons why a part of a car failed. There are also experts who can assess the ways in which weather might have caused the crash.
The main function of your expert witness is to examine the evidence and offer an impartial opinion. However, yakima truck accident lawsuit could be an issue in your case if they're biased or have ties to the defendant's businesses. Your attorney can conduct an investigation into their background to determine these risks and ensure that you have the best experts in your case.
Your attorney will interview you, along with witnesses who were present at the accident prior to it taking place. It is important to remember that the defendants' insurance firms will try to get you to admit guilt or make statements they can twist and alter to weaken your claim.
Litigation
Truck drivers are also required to obey traffic laws and take reasonable care when driving. If they fail to comply with these rules and their carelessness causes an accident, then they could be held responsible for the damages caused by the accident the victims suffer.
To demonstrate the defendant's culpability, our lawyer will gather a number of eyewitnesses who witnessed the crash and provide written or oral testimony about the circumstances of the collision. Our team will also review other evidence such as skidmarks and points of impact, and conduct crash testing.
Sometimes, the cause of an accident involving a truck is complex and involves multiple parties. For instance, if a truck accident was caused due to defective equipment or insufficient maintenance, we may sue the manufacturers of that equipment or the trucks themselves. We could also sue the mechanic or repair shop accountable for the repairs.
We will try to settle your case outside of court. If, however, the trucking firm or its insurer does not agree to an equitable settlement, we will 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 accident and the amount of compensation you are entitled to be awarded. The amount of your legal damages will be determined based on the losses you have documented that include financial, physical and emotional suffering.
Statute of limitations
Although navigating the legal system after a truck accident can be a bit complicated, knowing how these cases usually go will help you anticipate what's to come and give you a better idea of how long your case could take.
Finding out who is responsible is one of the most important steps. If the truck driver was tired or distracted, for example, it is likely they will be held responsible for your losses. However, there may be other parties accountable as well. If the accident was caused by faulty repairs and/or a mechanic, then the company that manufactured the truck or its components could be held liable under the legal theory of respondeat superior.
It is also possible that the responsible party has did a greater risky act, which could result in punitive damages. To be able to prove this, you need to prove that the liable party acted with reckless disregard for your safety or that of others.
It's important to work with an attorney who is familiar with the complexities involved in truck accidents. Insurance companies and attorneys for at-fault party are often the wolves in sheepskins who attempt to convince you to give statements which they later use against you. If you hire an attorney to handle all communications, you will avoid these pitfalls.
