The Process of a Truck Accident Lawsuit
Truck accidents can result in severe and permanent injuries. These can lead to significant medical expenses, lost wages and psychological trauma.
Your lawyer will prepare a Summons and Complaint against all responsible parties. The process could last for several years. Your lawyer can assist you determine whether any shared responsibility has been properly assessed and assigned.
Investigations
If someone is injured in a truck crash there is more at stake than in a car crash. The consequences of a truck crash can be life-changing and the impact is far more complicated due to the weight and size of a commercial truck. These accidents also involve more complex investigations.
To protect santa fe truck accident law firm trucking companies or insurance companies will usually investigate immediately following the incident. 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 and insurance company.
A lawyer for truck accidents who is experienced will look for evidence in various sources, including witness testimony, police reports, and inspections of vehicles. A lawyer who is knowledgeable is not relying on police reports alone as they can be insufficient for civil litigation. Police officers aren't trained to conduct an effective investigation, and they may not be able to gather all the evidence required to file a lawsuit.
Other types of data include logbook entries maintenance and service records for the truck, data from the event data recorder (also called 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 types of evidence and then carefully analyze them to determine the cause of the accident.
Expert Witnesses
A expert witness in a truck accident can help your attorney prove various aspects of the case. For instance an expert in medical science can give your lawyer proof that the crash caused your injuries. Your expert may also testify about how your injuries will impact your future quality-of-life. Expert witnesses can help your lawyer assess the value of your injuries, which includes lost income and loss of earning capacity in the future.
Experts can examine the physical evidence and explain how your injury will affect your future. Medical experts is a good example. They can explain how your accident may affect your mental and physical health. Another type of expert is a metallurgist that can examine the reasons why a part of a car failed. There are also experts who assess the ways in which weather might have caused the crash.
The role of an expert witness is to provide an unbiased and objective opinion after examining the evidence. However, some expert witnesses could pose an issue in your case if they are biased or have connections to the defendant's companies. Your attorney can conduct an identity check to identify these risks and ensure that you have the most qualified experts on your side.
Your lawyer will question you, along with any other eyewitnesses who witnessed the accident before it happened. It is crucial to remember that the insurance companies of defendants will try to convince you to acknowledge fault or make statements that they can twist or distort to deny your claim.
Litigation
Truck drivers must also adhere to traffic laws and drive with reasonable care. If they do not fulfill this obligation and their carelessness causes a crash, they could be held responsible for accident damages suffered by those who were injured in the collision.
To establish the defendant's negligence, our lawyer will collect a array of evidence from witnesses who witnessed the crash and provide written or oral evidence about the manner in which the collision took place. Our team will also review other evidence, including skidmarks and points of impact and conduct crash testing.
Sometimes the cause of an accident involving a truck is complex, involving multiple parties. If the accident was caused by defective equipment or improper maintenance, then we could sue the manufacturers or the trucks. We could also sue the mechanic or repair shop responsible for performing the repairs.
We will attempt to resolve your case outside of court, however should the trucking firm or its insurer is unable to accept an acceptable settlement offer then we will prepare for trial. During the trial the jury or judge will decide on issues that are disputed, such as who was responsible for the accident and what amount of compensation you must be awarded. Your legal damages will be calculated by the sum of your losses, which include financial, physical and emotional pain.
Statute of Limitations
Understanding how these cases usually go about their business can help you prepare for what lies ahead and give you an idea of how long it will take to resolve your case.
One of the most important actions is to establish the liability. If the truck driver was tired or distracted, as an example the chances are that they will be held responsible for your losses. There may be other parties that are equally responsible. If the crash was caused by faulty repairs, then a mechanic or company that made the truck or its components could be held accountable under the legal theory of respondeat superior.
You may also be entitled to damages for punitive acts if the responsible person committed an act of recklessness that was a lot more serious. In order to prove this, you must prove that they acted in a reckless and impulsive way, and with a disregard for your safety and that of others.
It's important to work with an attorney who understands the complexities of truck accidents. Insurance companies and the attorneys representing the parties at fault are frequently as wolves in sheep's clothes and will attempt to obtain statements from you that they may use against you in the future. You can stay clear of these pitfalls by hiring an attorney to handle your communications.