The Process of a Truck Accident Lawsuit
Many truck accidents result in victims suffering lifelong and severe injuries. These accidents can lead to massive medical expenses, loss of income and psychological traumas.
Your lawyer will prepare a Summons and Complaint against all liable parties. This process can take several years. Your lawyer can help you determine whether the shared responsibility has been properly assessed and allocated.
Investigations
A truck crash could be more serious than an auto collision. The consequences of a truck crash can be devastating and the impact can be more complicated due to the weight and size of a commercial truck. These accidents also require more sophisticated investigation.
As a result, insurance companies and trucking companies often conduct their own investigation immediately following the incident to protect their interests. The victims are left to deal with their injuries and are not able to gather evidence. This leaves them at a disadvantage compared to the insurance provider and trucking companies.
A skilled truck accident lawyer will seek evidence from numerous sources, including police reports, witness statements and vehicle inspections. A lawyer with experience does not rely on reports from the police, as they are often not sufficient for civil litigation. nashua truck wreck lawyer aren't taught to conduct an appropriate investigation and might fail to gather all the evidence required for the filing of a lawsuit.
Other kinds of data include logbook entries maintenance and service records for the truck and the event data recorder (also known as a black box), and more. An experienced attorney will seek these as well as other types of evidence from the truck driver and trucking company and carefully examine the evidence to determine what led to the accident.
Expert Witnesses
An expert witness can assist your lawyer to prove different elements of your truck accident case. Medical experts could, for instance, provide evidence to your lawyer that the crash caused your injuries. Your expert can also testify on the impact your injuries could have on your future quality of life. Expert witnesses can help your lawyer determine your damages including lost income and future earning capacity.
Your expert can review the physical evidence and explain how your injury will affect your future. For example medical experts can explain how your accident can impact your physical and mental health. A metallurgist, for instance, is another kind of expert who can analyze the reasons why a vehicle component failed. There are also experts who assess the ways in which weather might have contributed to the crash.
The primary role of an expert witness is to analyze the evidence and offer an impartial opinion. Some expert witnesses may be a liability to your case if their opinions are biased or they are associated with the defendants. Your attorney can perform an investigation into their background to determine these risks and ensure that you have the most qualified expert witnesses on your side.
Apart from experts, your lawyer will also question you and witnesses, including people who saw the crash occurring before it happened. Be aware that the insurance companies of the defendants will attempt to get your to admit guilt or make statements which 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 use reasonable care when driving. If they do not comply and their negligence causes an accident, then they could be held accountable for the injuries that the victims are liable for.
Our attorney will collect evidence from eyewitnesses as well as oral or written testimony to prove the defendant was negligent. Our team will also study other evidence, including skidmarks and points of impact, and conduct crash testing.
Sometimes, the cause of a truck accident is complicated, involving 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 accountable for the repairs.
We will attempt to settle your dispute out of court, but if the trucking company or its insurer is unable to make an appropriate settlement offer, we will prepare for 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 total of your legal damages will be determined based on your documented losses, which include physical, financial and emotional suffering.
Statute of limitations
Although the legal process following a truck crash can be complex, understanding the typical procedure for these cases will help you understand what's ahead and give you a better idea of how long your case will take.
Liability is one of the most important steps. If a truck driver was drowsy or distracted, for example the chances are that they'll be held accountable for your damages. However, there could be other parties who are also liable. For instance, if the accident resulted from poor repairs such as a mechanic who completed the work or a company that made the truck or its components could be held accountable under the legal theory of respondeat superior.
It's also possible the responsible party has did a greater risky act, which might entitle you to punitive damages. To do this, we must prove that they acted in a reckless and reckless manner, with no regard for your safety and the safety of others.
It is vital to hire an attorney who is knowledgeable with the complexities involved in truck accident cases. Insurance companies and attorneys for the at-fault party can be seen as wolves in sheepskins and will try to get you to sign statements that they can later use against you. You can stay clear of these pitfalls by hiring an attorney to manage your communications.