The Process of a Truck Accident Lawsuit
Many accidents involving trucks cause lifelong and severe injuries. They can cause significant medical expenses as well as psychological damages.
Your lawyer will make a Summons and Complaint to all the parties responsible. This process can take several years. Your lawyer can help determine whether any shared responsibility has been properly assessed and allocated.
Investigations
If someone is injured in a crash involving a truck there is more at stake 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 complicated investigations.
To protect their interests trucking companies or insurance companies usually conduct their investigations immediately after the incident. The victims are left to deal with their injuries, and are not able to gather evidence. This leaves them at a disadvantage when compared to the insurance company and trucking companies.
A skilled truck accident lawyer is able to find evidence from a variety of sources that include police reports, witness statements and vehicle inspections. A seasoned lawyer won't just rely on police reports, however, as these documents are not always sufficient for civil litigation purposes. Police officers may not be trained to conduct an inquiry correctly and may not collect all the evidence needed to file a lawsuit.
Other types of information might include logbook and maintenance records and service records from the truck. Data from the event data recording device (also called a black box) is also available. A skilled attorney will ask the driver of the truck and the trucking company for these and other forms of evidence and then carefully analyse them to determine the causes of the accident.
lansing truck accident lawyer can help your lawyer establish the various aspects of your truck accident case. For example an expert in medicine can provide evidence that the crash resulted in your injuries. Experts can also testify as to the impact your injuries could have on your future quality of life. Expert witnesses can assist your lawyer assess the value of your damages, including lost income and loss of future earning capacity.
Experts can review physical evidence and explain the impact of your injury on your future. For instance medical experts can explain how your accident will affect your physical and mental well-being. Another type of expert is a metallurgist who will examine the reasons why a part of a car failed. Experts can determine if the weather was the cause of the crash.
The main function of an expert witness is to review the evidence and give an impartial opinion. However, certain expert witnesses could pose an issue in your case if they're biased or have connections to the defendant's companies. Your attorney can perform an investigation into the background of the expert witness to find out any risks.
Apart from expert witnesses, your lawyer will also interview you as well as other eyewitnesses, such as witnesses who witnessed the accident taking place before it happened. You should be aware that the insurance companies of the defendants will attempt to convince you to admit fault or make statements which they can twist and change to make it appear as though they are trying to undermine your case.
Litigation
Like any other driver truck drivers also have a duty to obey traffic laws and take reasonable care when driving. If they do not comply and their negligence results in an accident, they could be held accountable for the accident damages that victims are left with.
To show the defendant's negligence our lawyer will collect 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 the various other evidence, including skid marks and areas 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 accident was caused by defective equipment, or improper maintenance, then we could sue the manufacturer or the trucks. We might also sue the mechanic or repair shop responsible for performing the repairs.
We will attempt to resolve your dispute outside of the courtroom. However, if the trucking firm or its insurer refuses a fair settlement, we will prepare to go to trial. In a trial where a judge or jury will decide on the dispute such as who is at fault and what compensation you are entitled to. The total amount of your legal damages will be based on your documented losses, which include financial, physical and emotional suffering.
Statute of limitations
While navigating the legal process following a truck accident may be complicated, understanding how these cases usually go can help you prepare for what's to come and give you a better idea of the length of time your case may take.
One of the most crucial actions is to establish the liability. It is probable that a driver who was drunk, distracted, or otherwise impaired will be held responsible for the damages you have suffered. However, there might be other parties also liable. If the accident was caused by poor repairs, then a mechanic or company that made the truck or its components could be held accountable in the context of the law governing respondeat superior.
It is also possible that the accountable party was guilty of a more serious act of recklessness, which could result in punitive damages. To determine this, we must establish that they acted in a willful and wanton manner, with no regard for your safety and the safety of others.
It's essential to find 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 in the future. If you have an attorney handling all communications, you'll avoid these traps.