The Process of a Truck Accident Lawsuit
Accidents with trucks can cause severe and permanent injuries. These can lead to significant medical expenses, lost wages and psychological damages.
Your lawyer will make a Summons and Complaint against all responsible parties. This process could take a few years. Your lawyer can help determine whether any shared responsibility has been properly assessed and assigned.
Investigations
A truck accident can be more serious than an auto crash. A truck accident could have life-changing effects. The impact is more complex due to its weight and size. These accidents also require more complicated investigations.
Because of this, trucking companies and insurance providers typically conduct their own investigations right after the incident to protect their interests. The issue is that the victims are left to handle their injuries, and aren't able to collect evidence. This puts them at a disadvantage comparison to the trucking company and insurance companies.
A skilled attorney for truck accidents is able to find evidence from a variety of sources that include police reports, witness statements and vehicle inspections. A knowledgeable lawyer will not just rely on police reports, however, because these documents are typically not adequate for civil litigation. Police officers may not be properly trained to conduct an investigation properly and may not gather all the evidence needed for a lawsuit.
Other types of information include logbook records maintenance and service records for the truck and other equipment, data from the event data recorder (also known as a black box), and more. A competent attorney will request these as well as other types of evidence from the truck driver and the trucking firm, and then thoroughly analyze them to determine the cause of the accident.
Expert Witnesses
A expert witness from a truck accident can aid your attorney in proving different elements of the case. A medical professional is a good example. They can prove to your lawyer that the crash caused your injuries. Your expert can also testify as to how your injuries will impact your future quality of life. Expert witnesses can assist your lawyer determine the extent of your injuries like lost income and future earning capacity.
An expert can look over the physical evidence and explain how your injuries will impact your future. For example, a medical expert can show how your accident can impact you in terms of physical and mental health. Another type of expert is a metallurgist who will analyze why a vehicle part failed. There are also experts who can examine the way in which weather conditions could have contributed to the crash.
Your expert's responsibility is to provide an impartial and objective opinion after examining the evidence. However, certain expert witnesses could pose an issue in your case if they're biased or have ties to the defendant's businesses. Your attorney can perform an investigation into the background of the expert witness to determine any risks that could be present.
In addition to experts, your lawyer will also interview you as well as other eyewitnesses. This includes 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 make it appear as though they are trying to undermine your case.
Litigation
Just like other drivers truck drivers also have a obligation to follow traffic laws and to exercise reasonable care while driving. If they fail to do so and their negligence causes an accident, they could be held liable for the injuries that victims are liable for.
Our lawyer will obtain evidence from eyewitnesses and obtain oral or written testimony to prove that the defendant was negligent. Our team will also examine other evidence like skidmarks and points of impact, and conduct crash testing.
Sometimes, the reason for the truck crash is complex and involves multiple parties. For example, if the truck accident was caused by defective equipment or poor maintenance, we might bring a lawsuit against the manufacturer of the equipment or the trucks themselves. We could also sue the repair shop or mechanic responsible for performing the repairs.
We will try to resolve your case without going to the courtroom. However, if the trucking company or its insurance company refuses to negotiate an equitable settlement then we will prepare to go to trial. During the trial the jury or judge will rule on disputed issues such as who was responsible for the crash and the amount of compensation you must receive. The amount of your legal damages will be based on the losses you have documented, which comprise financial, physical and emotional suffering.
Statute of Limitations
Understanding how these cases usually are handled can help you prepare for what's to come and provide you with an idea of how long it may take to settle your case.
One of the most crucial actions is to establish liability. If the truck driver was drunk or distracted, as an example the chances are that they'll be held accountable for the damages you suffered. There could be other parties also accountable. For instance, if a crash resulted from poor repairs, for instance, a mechanic who did the work or a business that manufactured the truck or its parts could be held responsible in the legal concept of respondeat superior.
It is also possible that the accountable party may have committed a more serious reckless act that could result in punitive damages. To establish this, we have to prove that the liable party was reckless for your safety or that of others.
inglewood truck accident attorney is essential to work with an attorney who understands the complexities of truck accidents. Insurance companies and the at-fault parties' attorneys are frequently wolves in sheep's clothing and will try to obtain information from you that they could use against you in the future. By having an attorney manage all communications, you will avoid these traps.
