The Process of a Truck Accident Lawsuit
Many truck accidents result in victims suffering severe and lifelong injuries. These accidents can result in massive medical expenses, loss of income and psychological damages.
Your attorney will prepare an Summons and Complaint to all the parties responsible. This process can take several years. Your lawyer can help you determine if any shared responsibility has been properly assessed and allocated.
Investigations
A truck accident can be more serious than an auto accident. The consequences of a truck crash can be devastating and the impact can be more complicated due to the size and weight of a commercial truck. These accidents also require more intricate investigations.
To protect their interests trucking companies or insurance providers will often conduct their investigations immediately after the incident. The victims are left to deal with their injuries, and are unable to collect evidence. This leaves them at a disadvantage compared to the insurance company and trucking companies.
A skilled truck accident lawyer knows to look for evidence from a variety of sources such as police reports, witness statements, and vehicle inspections. A lawyer who is experienced does not rely on only police reports since they are typically not sufficient for civil litigation. Police officers aren't trained to conduct an appropriate investigation and could not gather all the evidence needed for an action.
Other kinds of data could include logbook entries and maintenance and service records from the truck. los angeles truck accident lawyer from the event data recording device (also known by the name black box) is also available. A competent attorney will demand these and other forms 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 help your attorney prove various elements of your truck accident case. For example, a medical expert can provide evidence that the crash caused your injuries. Your expert can also testify about how your injuries will impact your life's quality of living in the future. Expert witnesses can help your lawyer determine the extent of your injuries like lost income and future earning capacity.
Experts can review physical evidence and discuss the consequences of your injury on your future. For example an expert in medical science will explain how the accident will impact your mental and physical well-being. Another type of expert is a metallurgist that can examine the reasons why a part of a car failed. There are also experts who examine the way in which weather conditions could have contributed to the crash.
Your expert's role is to provide an impartial and impartial opinion after having analyzed the evidence. Some expert witnesses may be a liability in your case when their opinions are biased or they have ties with the defendants. Your attorney can perform an investigation into the background of the expert witness to identify any risks.
Your lawyer will question you, as well as any other eyewitnesses who saw the accident prior to it taking place. It is important to note that the defendants' insurance firms will attempt to force you to admit that they are at fault or make statements that they can twist and alter to weaken your claim.
Litigation
Like all drivers, truck drivers have a obligation to follow traffic laws and take reasonable care when driving. If they fail to do so and their negligence leads to an accident, then they could be held responsible for the accident damages that the victims suffer.
To prove the defendant's negligence, our lawyer will gather array of evidence from witnesses who witnessed the crash and give either oral or written testimony regarding how the collision occurred. Our team will also review a wide range of other evidence, such as skid marks and areas of impact, as well as conduct crash tests.
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 maintenance that was not done properly, we could sue the manufacturers or the trucks. We could also sue the mechanic who performed the repairs or the repair shop.
We will try to resolve your dispute out of court, but if the trucking company or its insurer is unable to make an appropriate settlement offer then we will prepare for trial. During the trial the judge or jury will decide on any disputed issues such as who was responsible for the crash and the amount of compensation you are entitled to be awarded. The legal damages you receive will be determined according to the total of your losses, which includes financial, physical and emotional suffering.
Statute of Limitations
Knowing how these cases typically proceed can help prepare you for what lies ahead and give you an idea of how long it could take to settle your case.
One of the most crucial steps is establishing liability. If the truck driver was tired or distracted, for example then it is likely that they'll be held accountable for the damages. There may be other parties also liable. For instance, if the accident resulted from faulty repairs for instance, a mechanic who completed the work or a company that manufactured the truck or its parts might be held responsible according to the legal doctrine of respondeat superior.
It's also possible the person who is responsible was guilty of a more serious reckless act that could be grounds for you to receive punitive damages. To establish this, we have to prove that the liable party acted with reckless disregard for your safety or that of others.
It's important to work with an attorney who understands the complexities of truck accidents. Insurance companies and attorneys for at-fault party are often sheepskin wolves and will try to force you to sign statements that they later use against you. You can steer clear of these pitfalls by having an attorney manage your communications.