The Process of a Truck Accident Lawsuit
Many accidents involving trucks cause severe and permanent injuries. These accidents can lead to massive medical expenses, loss of income, and psychological injuries.
Your lawyer will make a Summons and Complaint against all responsible parties. The process can take a few years. Since New York uses comparative fault rules, your lawyer can ensure that any shared responsibility is correctly evaluated and distributed to defendants.
Investigations
A truck crash could be more severe than an auto accident. A truck accident could have life-changing consequences. The consequences are more complex due to the size and weight. These incidents also require more complicated investigations.
To protect their interests the trucking companies and insurance companies usually conduct investigations right after a crash. The issue is that victims are left to deal with their injuries, and aren't able to collect evidence. This leaves the injured at a disadvantage to the insurance company and trucking companies.
A skilled attorney for truck accidents can find evidence from various sources that include police reports, witness statements and vehicle inspections. A knowledgeable lawyer will not just rely on police reports, however, as these reports are typically not adequate for civil litigation purposes. Police officers aren't always trained to conduct an inquiry properly and might not gather all the evidence required for an action.
Other kinds of information could include logbook records, maintenance and service records from the truck. Data from the event data recording device (also known as the black box) is also available. A skilled attorney will ask both the driver of the truck and trucking company for these and other kinds of evidence, and then look over them to determine causes of the accident.
Expert Witnesses
A expert witness for a truck accident could aid your attorney in proving various aspects of the case. For instance an expert in medical science will provide your lawyer with evidence that the crash resulted in your injuries. Experts can also testify on how your injuries will impact your future quality of life. Expert witnesses can assist your lawyer determine the extent of your injuries, such as lost income and your future earning capacity.
A medical professional can analyze the physical evidence and explain how your injuries will impact your future. For instance, a medical expert can explain how your accident will impact you in terms of mental and physical well-being. Another kind of expert is a metallurgist, who can identify the reason a part of a vehicle failed. Experts can determine whether the weather played a part in the crash.
A key role of an expert witness is to evaluate the evidence and give an objective opinion. However, some expert witnesses could be a liability risk for your case if they're biased or have ties to the defendants' businesses. Your lawyer can conduct a background check to find these risks and ensure you have the most qualified expert witnesses on your side.
Alongside expert witnesses, your lawyer will also interview you and witnesses, including witnesses who witnessed the crash take place before it occurred. You should be aware that the insurance companies of the defendants will attempt to get your to admit your fault or make statements which they can twist and deform to make your case more difficult.
Litigation
Like any other driver, truck drivers have a duty to obey traffic laws and to exercise reasonable care when driving. If they do not follow the rules and their carelessness causes an accident, they could be held accountable for the damage that victims are left with.
To show the defendant's negligence our attorney will gather a range of evidence from eyewitnesses who witnessed the crash and provide oral or written evidence of how the crash occurred. Our team will also examine the various other evidence, including skid marks and areas of collision, and conduct crash tests.
Sometimes the cause of the truck crash is complex and involves multiple parties. If the truck crash was caused by defective equipment, or maintenance that was not done properly, we could sue the manufacturer or the truck. We might also bring a lawsuit against the mechanic that performed the repairs or the repair shop.
We will try to settle your case outside of court. If, however, the trucking firm or its insurer does not agree to an equitable settlement then we will prepare to 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 crash and what amount of compensation you should be awarded. The amount of your legal damages will be based on the losses you have documented, which include physical, financial and emotional suffering.
Statute of Limitations
Knowing how these cases typically take place can help you prepare for what is to come and give you an idea of the time it might take to settle your case.
One of the most important steps is establishing the extent of liability. It is probable that a driver who was drunk or distracted or impaired will be held responsible for the damages you suffered. There could be other parties also liable. If the crash was caused by faulty repairs or a mechanic, then a company that manufactured the truck or its components could be held liable in the context of the law governing respondeat superior.
It is also possible that the liable party committed a more severe risky act, which could result in punitive damages. To prove this, we must prove that they behaved in a reckless and reckless manner, with no regard for your safety and the safety of others.
rochester truck accident lawsuit to work with a lawyer who is familiar with the complexities involved in 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 which they later use against you. If you hire an attorney to handle all communications, it is possible to stay clear of these traps.