The Process of a Truck Accident Lawsuit
Accidents involving trucks can cause serious and permanent injuries. They can cause significant medical expenses as well as psychological damage.
Your lawyer will issue a Summons and Complaint to all parties liable. This process can take several years. Your lawyer can assist you determine whether any shared responsibility has been properly assessed and allocated.
Investigations
When someone is injured in a crash involving a truck there is much more at stake than in an auto accident. The consequences of a truck accident could be catastrophic and the impact can be more complicated due to the size and weight of a commercial truck. These accidents also involve more complicated investigation.
To protect their interests the trucking companies and insurance companies usually conduct their investigations as soon as they are aware of the incident. carlsbad truck accident law firm are left to deal with their injuries, and are unable to collect evidence. This leaves the injured at a disadvantage to the insurance provider and trucking companies.
A skilled truck accident lawyer is able to find evidence from various sources such as police reports, witness statements and vehicle inspections. A lawyer who is knowledgeable is not relying on the reports of police officers alone since they are typically insufficient for civil litigation. Police officers aren't always trained to conduct an investigation properly and might not gather all the evidence needed to file an action.
Other types of data include logbook entries maintenance and service records for the truck as well as data from the event data recorder (also known as a black box) and more. An experienced attorney will ask both the driver of the truck and trucking company for these types and other types of evidence, and then analyze them to determine the causes of the accident.
Expert Witnesses
A truck accident expert witness can help your attorney prove various aspects of the case. An expert in medicine for instance, can provide proof to your attorney that the accident resulted in your injuries. Your expert will also testify on how your injuries will affect your future quality of life. Expert witnesses can help your lawyer determine the value of your losses, including lost income and loss of earning capacity in the future.
Your expert can review the physical evidence and explain how your injury will impact your future. A medical expert can, for instance, explain how your accident might affect your physical and mental health. A metallurgist, for instance, is another kind of expert who can determine the causes behind why a component failed. There are also experts who examine the way in which weather conditions could have contributed to the crash.
The primary role of your expert witness is to examine the evidence and provide an objective and impartial opinion. Expert witnesses can be a liability to your case when their opinions are skewed or they have connections to the defendants. Your attorney can perform an investigation into the background of the expert witness in order to identify any potential risks.
Aside from expert witnesses, your attorney will also interview you as well as other eyewitnesses, such as people who saw the crash taking place prior to when it occurred. Be aware that the insurance companies of the defendants will try to get your to admit fault or give statements that they can twist and change to weaken your case.
Litigation
Truck drivers are also required to follow traffic laws and take reasonable care when driving. If they fail to do so and their carelessness causes an accident, they could be held responsible for the damage that victims are left with.
Our lawyer will collect evidence from eyewitnesses, and get written or oral evidence to prove that the defendant was negligent. Our team will also review an array of other evidences, including skid marks and points of impact, as well as conduct crash tests.
Sometimes, the cause of an accident involving a truck is complex, involving multiple parties. For example, if the truck accident was caused by defective equipment or poor maintenance, we may be able to sue the makers of that equipment or the trucks themselves. We could also claim against the mechanic who did the repairs or the repair shop.
We will try to resolve your case without going to court. If, however, the trucking firm or its insurance company refuses to negotiate an equitable settlement or offer, we'll prepare to go to trial. During the trial in court, a jury or judge will decide on issues that are disputed, like who was responsible for the accident and what amount of compensation you must be awarded. The legal damages you receive will be calculated based on the total of your losses. This includes financial, physical and emotional pain.
Statute of Limitations
Understanding how these cases typically proceed can help prepare you for the future and provide you with an idea of the time it might take to resolve your case.
Liability is one of the most important steps. If the truck driver was tired or distracted, for instance it is likely that they will be held responsible for your losses. However, there could be other parties also liable. If the crash was caused by faulty repairs and/or a mechanic, then the company that made the truck or its components could be held accountable under the legal theory respondeat superior.
You could also be entitled to damages for punitive harm if the accountable party committed an act of recklessness that was more acrimonious. To determine this, we must prove that they behaved in a reckless and reckless manner that was reckless and in disregard for your safety and that of others.
It is essential to work with a lawyer who is familiar with the complexities of truck accident cases. Insurance companies and at-fault parties' attorneys are frequently wolves in sheep's clothing and will try to obtain information from you that they can use against you later. You can stay clear of these pitfalls by having an attorney handle your communications.