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The Process of a Truck Accident Lawsuit Many truck accidents leave victims with severe and lifelong injuries. These can result in significant medical expenses as well as psychological harm. Your attorney will prepare a Summons and Complaint to all the parties responsible. This process could take many years. Because New York uses comparative fault rules, your lawyer can ensure that any shared responsibility is correctly defined and allocated to defendants. Investigations A truck crash could be more serious than an auto accident. A truck accident could result in devastating consequences for the person. The impact is more complex due to its weight and size. These accidents also require more complex investigation. Due to this, insurance companies and trucking firms often conduct their own investigations immediately following the incident to protect their interests. The issue is that victims are left to deal with their injuries and aren't able to collect evidence. This puts them at a disadvantage in comparison to the trucking company and insurance company. A truck accident lawyer who is skilled will look for evidence in a variety of sources, including witness testimony, police reports, and vehicle inspections. A lawyer who is knowledgeable is not relying on police reports alone as they can be insufficient for civil litigation. Police officers are not trained to conduct an effective investigation and may fail to gather all of the evidence required to file the filing of a lawsuit. Other types of information might include logbook records and maintenance and service records from the truck. Data from the event data recording device (also called a black box) is also available. An experienced attorney will ask the driver of the truck as well as the trucking company for these types and other types of evidence, and then analyse them to determine the reason for the accident. Expert Witnesses An expert witness can aid your attorney prove various elements of your truck accident case. For instance an expert in medicine will provide your lawyer with evidence that the crash resulted in your injuries. Your expert may also testify as to how your injuries will affect your future quality-of-life. Expert witnesses can also assist your lawyer determine the value of your damages, including lost income and loss of future earning capacity. Experts can examine the physical evidence and explain how your injury will impact your future. An expert in medicine for instance, can explain how your accident might affect your mental and physical 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 can assess the ways in which weather might have contributed to the crash. The primary function of an expert witness is to analyze the evidence and provide an impartial opinion. Some experts could be a liability to your case if their opinions are biased or if they have ties to the defendants. bakersfield truck accident lawyer can conduct an investigation into their background to determine these risks and make sure that you have the most qualified experts on your side. Apart from expert witnesses, your lawyer will also interview you and other eyewitnesses. This includes people who saw the crash occurring before it occurred. Be aware that the insurance companies of the defendants will try to get your to admit guilt or provide statements that they can twist or alter to weaken your case. Litigation Truck drivers are also required to observe traffic laws and take reasonable care when driving. If they fail to comply with these rules and their negligence leads to a crash, they could be held liable for the accident damages that victims are liable for. Our lawyer will collect evidence from eyewitnesses and seek written or oral testimony to prove the defendant was negligent. Our team will also look at other evidence such as skidmarks as well as points of impact. We will also conduct crash testing. Sometimes the reason for a truck accident is complicated with multiple parties. For example, if the truck accident was caused by defective equipment or improper maintenance, we might 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 attempt to resolve your case outside of the courtroom. If, however, the trucking firm or its insurer is unwilling to accept an equitable settlement and we are unable to reach a fair settlement, we will go to 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 be awarded. The amount of your legal damages will be based on your documented losses that comprise financial, physical and emotional suffering. Statute of Limitations Although the legal process following a truck accident may be complicated, understanding the typical procedure for these cases can help you plan for what's ahead and give you a better sense of how long your case will take. One of the most important steps is to establish the responsibility. If the truck driver was tired or distracted, as an example, it is likely they'll be held accountable for your damages. However, there may be other parties accountable as well. For instance, if the accident occurred due to poor repairs such as an individual mechanic who did the work or a company that manufactured the truck or its components could be held responsible in the legal concept of respondeat superior. It's also possible that the person who is responsible was guilty of a more serious reckless act that could be grounds for you to receive punitive damages. To determine this, we must prove that they behaved in a willful and wanton manner that was reckless and in disregard for your safety and that of others. It is crucial to choose an attorney who is knowledgeable with the complexities of truck accident cases. Insurance companies and attorneys for the at-fault parties are often wolves in sheepskins and will attempt to convince you to sign statements that they can later use against you. You can stay clear of these pitfalls by hiring an attorney to handle your communications.