The Process of a Truck Accident Lawsuit
Many truck accidents leave victims with lifelong and severe injuries. These accidents can lead to massive medical expenses, loss of income, and psychological damage.
Your lawyer will issue an Summons and Complaint to the parties who are liable. This process can take several years. Your lawyer can help you determine whether the shared responsibility has been properly assessed and allocated.
Investigations
When someone is injured in a truck accident, there is a lot more at stake than in an auto accident. The consequences of a truck accident can be life-altering and the impact is far more complicated due to the weight and size of commercial trucks. These accidents also involve more intricate investigations.
This is why insurance companies and trucking firms often conduct their own investigations immediately following the incident to protect their interests. The victims are left to deal only with their injuries, and they are not able to gather evidence. lawton truck accident law firm puts them at a disadvantage in comparison to the trucking company or insurance provider.
A lawyer for truck accidents who has experience will look for evidence in a variety sources, including police reports, witness testimony and inspections of vehicles. A lawyer with experience does not rely on the reports of police officers alone, as they are often insufficient for civil litigation. Police officers might not be equipped to conduct an investigation properly and may not gather all the evidence needed to file a lawsuit.
Other kinds of information include logbook records maintenance and service records for the truck and the event data recorder (also known as a black box) and more. A skilled attorney will request these as well as other types of evidence from the truck driver and the trucking company and carefully examine the evidence to determine what led to the accident.
Expert Witnesses
A expert witness in a truck accident can help your attorney prove different aspects of the case. Medical experts could, for instance, prove to your lawyer that the accident led to your injuries. Your expert can also testify as to how your injuries will affect your future quality-of-life. Expert witnesses can assist your lawyer determine your damages which include lost income and future earning capacity.
An expert can look over the physical evidence and explain how your injury will affect your future. An expert in medicine can, for instance, explain how the accident could impact your physical and mental health. A metallurgist, for instance, is another kind of expert who will analyze the reasons why a car component failed. Experts can determine whether the weather played a part in the crash.
A key role of your expert is to evaluate the evidence and offer an objective and impartial opinion. Some experts could be a liability for your case when their opinions are biased or they have ties with the defendants. Your lawyer can conduct an investigation into the background of the expert witness to identify any risks that could be present.
Your lawyer will interview you, as well as any other eyewitnesses who witnessed the incident prior to it happening. It is crucial to remember that the insurance companies of defendants will try to convince you to acknowledge fault or make statements they can twist and deceive to diminish your case.
Litigation
As with all drivers truckers are required by law to adhere to a obligation to observe traffic rules and take reasonable care while driving. If they fail to do so and their negligence results in a crash, then they could be held responsible for the injuries that the victims are liable for.
Our lawyer will obtain evidence from eyewitnesses and seek either oral or written evidence to prove the defendant was negligent. Our team will also review other evidence, including skidmarks and points of impact, and conduct crash testing.
Sometimes, the reason for an accident involving a truck can be complex and involves multiple parties. If the accident was caused by defective equipment, or improper maintenance, we could sue the producers or the truck. We might also sue the mechanic who made the repairs or the repair shop.
We will try to settle your case outside of the courtroom. However, if the trucking company or its insurer does not agree to an equitable settlement, we will prepare to go to trial. During the trial in court, a jury or judge will decide on issues that are disputed, such as who was responsible for the accident and the amount of compensation you are entitled to receive. The amount of your legal damages will be determined based on your documented losses that include financial, physical and emotional suffering.
Statute of limitations
Although the legal process following a truck crash can be confusing, knowing the typical procedure for these cases can help you plan for what's to come and provide you with a better understanding of how long your case will take.
One of the most crucial steps is establishing liability. If a truck driver was drowsy or distracted, as an example, it is likely they will be held responsible for your damages. There could be other parties also liable. If the accident was caused by faulty repairs and/or a mechanic, then the company that made the truck or its components could be held responsible under the legal theory respondeat superior.
You could also be entitled to damages for punitive if the guilty party acted with recklessness that was more severe. To determine this, we must prove that they behaved in a reckless and impulsive manner, with no regard for your safety and that of others.
It is crucial to choose an attorney who is knowledgeable with the complexities involved in truck accident cases. Insurance firms and attorneys for the at-fault parties are often sheepskin wolves and will try to force you to sign statements that they can later use against you. You can avoid these traps by hiring an attorney to manage your communications.