The Process of a Truck Accident Lawsuit
Many truck accidents result in victims suffering severe and permanent injuries. They can cause significant medical expenses as well as psychological damages.
Your lawyer will issue a Summons and Complaint to all parties that are responsible. This process can take several years. Your lawyer can assist you determine whether the shared responsibility has been properly assessed and allocated.
Investigations
If 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 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 investigations.
Due to this, insurance companies and trucking companies frequently conduct their own investigations immediately following a crash to protect their interests. The issue is that victims are left to handle their injuries and aren't being able to gather evidence. This puts the injured at a disadvantage to the insurance company and trucking company.
A lawyer for truck accidents who is experienced will look for evidence in various sources, such as police reports, witness testimony and vehicle inspections. A knowledgeable lawyer will not depend solely on police reports, however, as these documents are often inadequate for civil litigation. Police officers are not trained to conduct an effective investigation and may not be able to gather all the evidence required to file the filing of a lawsuit.
Other kinds of data include logbook entries, maintenance and service records for the truck, data from the event data recorder (also called a black box) and many more. A competent attorney will demand these as well as other types of evidence from the truck driver and the trucking company and then carefully analyze them to determine the cause of the accident.
Expert Witnesses
A expert witness for a truck accident could aid your lawyer in proving various aspects of the case. A medical expert is a good example. They can give evidence to your lawyer that the crash caused your injuries. Your expert may also testify as to how your injuries will impact your quality of life in the future. Expert witnesses can help your lawyer determine the extent of your injuries which include lost income and your future earning capacity.
A medical professional can examine physical evidence and explain the impact of your injury on your future. For instance an expert in medical science can show how your accident can impact you in terms of mental and physical well-being. Another type of expert is a metallurgist who can examine the reasons why a part of a car failed. There are also experts who can examine the way in which weather conditions could have caused the crash.
The main function of an expert witness is to review the evidence and give an objective opinion. However, certain experts can be a liability risk in your case if they're biased or have connections to the defendant's companies. Your lawyer can conduct an investigation into the background of the expert witness in order to identify any risks.
In addition to expert witnesses, your attorney will also speak with you and other eyewitnesses. This includes witnesses who witnessed the crash take place before it occurred. kalamazoo truck accident attorney is crucial to remember that the defendants' insurance firms will attempt to force you to admit fault or to make statements they can twist and alter to undermine your claim.
Litigation
Truck drivers are also required to follow traffic laws and take reasonable care when driving. If they fail to comply with these rules and their negligence results in a crash, they could be held liable for the damage that the victims are liable for.
Our lawyer will gather evidence from eyewitnesses, and get written or oral testimony to prove the defendant was negligent. Our team will also look at other evidence like skidmarks and points of impact and conduct crash testing.
Sometimes, the reason for an accident involving a truck can be complex and involves multiple parties. For example, if the truck accident was caused by defective equipment or poor maintenance, we could seek to sue the producers of that equipment or the trucks themselves. We might also sue the repair shop or mechanic accountable for the repairs.
We will try to resolve your case outside of court, but in the event that the trucking company, or its insurer refuses to make an appropriate settlement offer and we prepare for trial. In trial where a judge or jury will decide on the dispute such as who was responsible and what compensation you should receive. The total amount of your legal damages will be based on your documented losses that include financial, physical, and emotional pain.
Statute of Limitations
While the legal process after a truck accident can be complex, understanding the way these cases are handled will help you understand what is ahead and provide you with a better understanding of how long your case will take.
One of the most important steps is establishing the liability. If the truck driver was drunk or distracted, as an example, it is likely they will be held responsible for the damages. There could be other parties also liable. For instance, if a crash was caused by poor repairs, for instance, a mechanic who performed the work or a business which made the truck or its components might be held responsible under the legal theory of respondeat superior.
You may also be entitled to damages for punitive if the guilty party committed an act of recklessness that was more acrimonious. To prove this, we need to prove that the liable party acted with reckless disregard to your safety, or that of others.
It's essential to find an attorney who understands the complexities involved in truck accidents. Insurance companies and attorneys representing the parties at fault are frequently sheep in sheep's clothes and will try to obtain information from you that they may use against you later. If you have an attorney handling all communications, it is possible to stay clear of these traps.