The Process of a Truck Accident Lawsuit
Many truck accidents leave victims with severe and permanent injuries. They can result in substantial medical costs as well as psychological harm.
Your attorney will make a Summons and Complaint against all liable parties. This process can take several years. Your lawyer can assist you determine whether any shared responsibility been properly assessed and allocated.
Investigations
If someone is injured in a truck accident, there is a lot more at stake than a car crash. A truck accident can have devastating consequences for the person. The impact is more complex because of the weight and size. These accidents also require more complex investigation.
To protect their interests the trucking companies and insurance providers will often conduct investigations right after an accident. The problem is that victims are left to take care of their injuries and aren't able to collect evidence. This puts them at a disadvantage comparison to the trucking company or insurance companies.
A skilled truck accident lawyer knows to look for evidence from numerous sources which include police reports witness statements and vehicle inspections. A knowledgeable lawyer will not rely solely on police reports however, because these documents are typically not adequate for civil litigation. Police officers may not be properly trained to conduct an investigation properly and they may not be able to gather all the evidence required for the court case.
Other kinds of data could include logbook records, maintenance and service records from the truck. Data from the device for recording events (also known as the black box) is also available. A skilled attorney will request these as well as other types of evidence from the truck driver and the trucking company and carefully examine them to determine what caused the accident.
Expert Witnesses
A professional witness can help your lawyer to prove different elements of your truck accident case. A medical professional, for example, can provide evidence to your attorney that the accident resulted in your injuries. Your expert can also testify as to how your injuries will affect your future quality of life. Expert witnesses can help your lawyer determine the extent of your injuries like lost income and your future earning capacity.
Experts can review physical evidence and discuss the consequences of your injury on your future. A medical professional can, for instance, explain how your accident might affect your physical and mental health. mission viejo truck accident attorney is a different kind of expert who can determine the reasons why a car component failed. Experts can determine if weather played a role in the crash.
Your expert's job is to give an impartial and objective view after analyzing the evidence. Expert witnesses can be a liability for your case when their opinions are biased or they are associated with the defendants. Your lawyer can conduct an identity check to identify these risks and ensure that you have the most qualified experts in your case.
Alongside expert witnesses, your lawyer will also interview you and witnesses, including witnesses who witnessed the accident taking place before it occurred. It is crucial to remember that the defendants' insurance companies will try to convince you to admit guilt or to make claims they can twist or distort to weaken your claim.
Litigation
Truck drivers are also required to observe traffic laws and take reasonable care when driving. If they do not comply with this obligation and their carelessness causes an accident, they could be held responsible for damage to those who were injured in the crash.
To demonstrate the defendant's culpability, our lawyer will collect a array of evidence from witnesses who witnessed the crash and provide written or oral evidence about how the crash occurred. Our team will also examine an array of other evidence, such as skid marks and areas of collision, and conduct crash tests.
Sometimes the reason for the truck crash is complex that involves multiple parties. For example, if the truck accident was caused by defective equipment or inadequate maintenance, we may be able to sue the makers of that equipment or the trucks themselves. We might also sue the repair shop or mechanic responsible for the repairs.
We will try to settle your case outside of the courtroom. If, however, the trucking company or its insurer refuses a fair settlement, we will prepare to go to trial. During the trial, a judge or jury will decide on the merits of the dispute like who was responsible for the crash and what amount of compensation you must be awarded. The amount of your legal damages will be determined based on your documented losses that comprise financial, physical and emotional pain.
Statute of Limitations
Although navigating the legal system following a crash with a truck can be a bit complicated, knowing the typical procedure for these cases can help you prepare for what's to come and provide you with a better understanding of how long your case will take.
Finding out who is responsible is one of the most crucial steps. It is possible that a trucker who was drowsy, distracted, or otherwise impaired will be held accountable for the damages you suffered. However, there might be other parties equally responsible. If the accident was caused by faulty repairs, 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 committed an act of recklessness that was more severe. To establish this, we have to prove that the responsible party acted recklessly to your safety, or that of others.
It's essential to find an attorney who is familiar with the complexities involved in truck accidents. Insurance companies and 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 manage all communications, it is possible to avoid these pitfalls.