The Process of a Truck Accident Lawsuit
Truck accidents can cause severe and permanent injuries. Accidents can result in substantial medical expenses, loss of income, and psychological damage.
Your lawyer will issue a Summons & Complaint to the parties who are liable. This process could take many years. Your lawyer can help determine whether the shared responsibility has been properly assessed and allocated.
Investigations
A truck accident can be more severe than an auto crash. A truck crash can have life-altering consequences. The consequences are more complicated due to the weight and size. These accidents also require more intricate investigations.
Because of this, trucking companies and insurance providers often conduct investigations right after a crash to protect their interests. The victims are left to deal only with their injuries and are unable to collect evidence. This puts them at a disadvantage compared to the insurance provider and trucking company.
A seasoned truck accident attorney will seek evidence from a variety of sources such as police reports, witness statements and inspections of vehicles. A lawyer who is experienced does not rely on reports from the police because they are usually not sufficient for civil litigation. Police officers might not be trained to conduct an investigation properly and they may not be able to gather all the evidence required to support an action.
Other types of data include logbook entries maintenance and service records for the truck and the event data recorder (also called a black box) and many more. A competent attorney will demand these and other forms of evidence from the truck driver as well as the trucking company, and then analyze them to determine what caused the accident.
Expert Witnesses
An expert witness can aid your attorney prove various elements of your truck accident case. An expert in medicine, for example, can provide proof to your attorney that the accident resulted in your injuries. Your expert can also testify as to the impact your injuries will have on your life-style and quality of living. Expert witnesses can also assist your lawyer calculate 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 injuries will impact your future. Medical experts can, for instance, explain how the accident could affect your physical and mental health. A metallurgist is another type of expert who can determine the reasons behind why a vehicle component failed. There are also experts who can determine if the weather could have contributed to the crash.
The primary function of your expert witness is to examine the evidence and provide an objective opinion. Some expert witnesses may be a liability in your case if their opinions are biased or they have connections to the defendants. Your lawyer can conduct a background check on the expert witness in order to identify any risks.
Alongside college station truck wreck lawyer , your attorney will also interview you as well as witnesses, including people who saw the crash taking place prior to when it occurred. Be aware that the insurance companies of the defendants will try to convince you to admit your fault or make statements which they can twist and change to make it appear as though they are trying to undermine your case.
Litigation
Like any other driver, truck drivers have a obligation to observe traffic rules and to exercise reasonable care on the road. If they fail in this obligation and their carelessness causes a crash, they may be held accountable for the damages caused by the accident to those who were injured in the crash.
Our lawyer will collect evidence from eyewitnesses as well as either oral or written evidence to prove that the defendant was negligent. Our team will also review other evidence like skidmarks and points of impact. They will also conduct crash testing.
Sometimes, the reason for an accident involving a truck can be complex and involves multiple parties. If the truck accident was caused by defective equipment, or improper maintenance, we could sue the producers or the trucks. We could also sue the mechanic who made the repairs or the repair shop.
We will attempt to resolve your dispute outside of court, but if the trucking company or its insurance company refuses to accept an appropriate settlement offer, we will prepare for trial. During the trial in court, a jury or judge will decide on the merits of the dispute like who was at fault for the crash and what amount of compensation you are entitled to receive. Your legal damages will be calculated by the sum of your losses, which includes physical, financial, and emotional suffering.
Statute of Limitations
Understanding how these cases usually go about their business can help you prepare for what lies ahead and give you an idea of how long it could take to resolve your case.
Finding out who is responsible is one of the most important steps. If a truck driver was drowsy or distracted, as an example, it is likely they'll be held accountable for your losses. However, there might be other parties who are equally responsible. If the accident was caused by poor repairs or a mechanic, then a company that made the truck or its components could be held liable under the legal theory of respondeat superior.
You may also be entitled to damages for punitive harm if the accountable person acted in a manner of recklessness that was more acrimonious. To determine this, we must establish that they acted in a reckless, impulsive manner with a disregard for your safety and the safety of others.
It is important to work with an attorney who is familiar with the complexities involved in truck accidents. Insurance companies and lawyers for the at-fault party are usually the wolves in sheepskins who try to get you to sign documents that they later use against you. By having an attorney manage all communications, you will avoid these pitfalls.