The Process of a Truck Accident Lawsuit
Truck accidents can cause severe and permanent injuries. These can result in significant medical costs, lost wages and psychological damage.
Your lawyer will issue a Summons & Complaint to all parties that are responsible. This process could take a few years. Because New York uses comparative fault rules, your lawyer can ensure that any shared liability is properly defined and allocated to defendants.
Investigations
If someone is injured in a truck crash, there is a lot more at stake than a car crash. A truck crash can have life-altering consequences. The consequences are more complex because of the weight and size. These accidents also require more complex investigations.
To protect their interests trucking companies or insurance companies usually conduct investigations right after a crash. The victims are left to deal with their injuries, and they are unable to collect evidence. This puts them at a disadvantage in comparison to the trucking company or insurance provider.
A lawyer for truck accidents who is experienced will look for evidence in various sources, including police reports, witness testimony, and vehicle inspections. A seasoned attorney will not rely solely on police reports however, as these documents are not always sufficient for civil litigation purposes. Police officers aren't always properly trained to conduct an investigation properly and may not gather all the evidence required for a lawsuit.
Other types of information might include logbook records and maintenance and service records from the truck. Data from the event data recording device (also called a black box) is also available. An experienced attorney will seek these and other forms of evidence from the truck driver as well as the trucking company and carefully examine the evidence to determine what led to the accident.
Expert Witnesses
An expert witness can aid your lawyer to prove different elements of your truck accident case. An expert in medicine is a good example. They can provide proof to your lawyer that the crash caused your injuries. Your expert may be able to testify on the impact your injuries will have on your future quality of life. Expert witnesses can assist your lawyer determine the extent of your injuries like lost income and your future earning capacity.
Your expert can review physical evidence and explain the impact of your injury on your future. For example an expert in medical science will explain how the accident can impact you in terms of physical and mental health. A metallurgist is an additional type of expert who can determine the reasons why a car component failed. There are also experts who can analyze how the weather may be a factor in the crash.
A key role of your expert is to evaluate the evidence and offer an unbiased opinion. However, certain experts can be an issue in your case if they are biased or have ties to the defendant's companies. Your lawyer can conduct an investigation into the background of the expert witness to find out any risks.
Aside 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 occurred. It is important to keep in mind that the insurance companies of defendants will attempt to force you to admit that they are at fault or make statements they can twist or distort to undermine your claim.
Litigation
Truck drivers are also required to observe traffic laws and use reasonable care when driving. If they do not fulfill this duty and their negligence causes a crash, they could be held accountable for the damages caused by the accident to the victims of the crash.
Our lawyer will gather evidence from eyewitnesses as well as written or oral evidence to prove the defendant was negligent. Our team will also review various other evidence, including skid marks and points of impact, as well as conduct crash tests.
Sometimes, the reason for an accident involving a truck can be complex and involves multiple parties. If the truck crash was caused by defective equipment, or improper maintenance, we can sue the makers or the trucks. We might also sue the repair shop or mechanic responsible for performing the repairs.
We will attempt to resolve your case outside of court. However, if the trucking firm or its insurer is unwilling to accept an equitable settlement or offer, we'll prepare to go to trial. During trial the judge or jury will decide on disputed issues like who was at fault and what amount of compensation you should get. The total amount of your legal damages will be determined based on your documented losses that include financial, physical, and emotional suffering.
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Knowing how these cases typically proceed can help prepare you for what is to come and provide you with an idea of how long it may take to settle your case.
Finding out who is responsible is one of the most crucial steps. If the truck driver was tired or distracted, for example the chances are that they'll be held accountable for the damages you suffered. There may be other parties that are also liable. If the accident was caused by poor repairs, then a mechanic or company that manufactured the truck or its components could be held responsible according to the legal theory of respondeat superior.
You could also be entitled to damages for punitive if the guilty person acted in a manner of recklessness that was more severe. To do 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 important to work with an attorney who understands the complexities involved in truck accidents. Insurance companies and lawyers for the at-fault party are usually wolves in sheepskins and will try to get you to make statements that they can later use against you. You can avoid these pitfalls by having an attorney handle your communications.