A Proactive Rant About Truck Accident Attorneys
The Process of a Truck Accident Lawsuit
Many truck accidents leave victims with severe and lifelong injuries. These accidents can lead to significant medical expenses, lost income and psychological damages.
Your attorney will issue a Summons and Complaint to all parties that are responsible. This process could take many years. Your lawyer can help you determine whether any shared responsibility has been properly assessed and assigned.
Investigations
When someone is injured in a collision with a truck there is more at stake than in an auto crash. A truck accident can have life-changing consequences. The impact is also more complex because of the size and weight. These accidents also involve more complex investigations.
Due to this, insurance companies and trucking firms often conduct their own investigations immediately following an accident to protect their interests. The issue is that the injured are left to take care of their injuries and aren't capable of obtaining evidence. This leaves the injured at a disadvantage to the insurance company and trucking company.
A truck accident lawyer who is skilled will look for evidence in a variety of sources, such as police reports, witness testimony, and inspections of vehicles. A lawyer who is knowledgeable will not rely on police reports alone since they are typically insufficient for civil litigation. Police officers might not be equipped to conduct an investigation properly and they may not be able to gather all the evidence required to support a lawsuit.
Other types of records include logbook data, maintenance and service records for the truck, data from the event data recorder (also known as a black box) and many more. A competent attorney will request the truck driver and the trucking company for these and other kinds of evidence and then carefully look over them to determine reason for the accident.
Expert Witnesses
A expert witness for a truck accident could aid your lawyer in proving different aspects of the case. For instance medical experts can give your lawyer proof that the crash resulted in your injuries. Your expert can also testify on how your injuries will impact your life in the future. Expert witnesses can help your lawyer determine the worth of your injuries, which includes lost income and loss of future earning capacity.
Experts can review physical evidence and explain the impact of your injury on your future. For example, a medical expert will explain how the accident will impact your physical and mental health. A metallurgist is another type of expert who will analyze the reasons behind why a vehicle component failed. There are also experts who can assess the ways in which weather might have caused the crash.
The primary function of your expert witness is to examine the evidence and offer an unbiased opinion. Some experts could be a liability in your case when their opinions are biased or they have ties with the defendants. trenton truck accident attorney can conduct an investigation into the background of the expert witness to find out any risks that could be present.
Your attorney will interview you, along with any other eyewitnesses that witnessed the accident prior to it taking place. Be aware that the insurance companies of the defendants will attempt to get your to admit fault or make statements that they can twist and alter to make it appear as though they are trying to undermine your case.
Litigation
Truck drivers are also required to observe traffic laws and operate with reasonable care. If they fail to comply with these rules and their negligence causes an accident, they could be held accountable for the accident damages that the victims suffer.
To establish the defendant's negligence, our lawyer will collect a range of evidence from eyewitnesses who witnessed the crash and provide written or oral evidence about how the collision occurred. Our team will also examine other evidence like skidmarks and points of impact, and conduct crash testing.
Sometimes, the reason for an accident involving a truck is complex with multiple parties. If the truck crash was caused by defective equipment, or maintenance that was not done properly, we could sue the manufacturers or the truck. We could also sue the repair shop or mechanic who performed the repairs.
We will attempt to resolve your case without going to court. However, if the trucking firm or its insurance company refuses to negotiate a fair settlement, we will prepare to go to trial. During trial the judge or jury will rule on disputes like who was the culprit and what amount of compensation you should get. The total of your legal damages will be determined based on your documented losses, which include physical, financial and emotional pain.
Statute of Limitations
While navigating the legal process following a crash with a truck can be a bit complicated, knowing how these cases usually go can help you plan for the future 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 extent of liability. If the truck driver was tired or distracted, as an example it is likely that they'll be held accountable for the damages. There may be other parties that are also liable. For instance, if the crash resulted from poor repairs such as a mechanic who did the work or a business that manufactured the truck or its components could be held liable according to the legal doctrine of respondeat superior.
It's also possible that the liable party did a greater risky act, which might entitle you to punitive damages. To be able to prove this, we must to establish that the liable party was reckless of your safety or that of others.
It is essential to work with an attorney who understands the complexities involved in truck accidents. Insurance companies and attorneys for the at-fault party are usually wolves in sheepskins and will try to force you to make statements that they can later use against you. By having an attorney handle all communications, it is possible to stay clear of these traps.