The Process of a Truck Accident Lawsuit
Many truck accidents cause victims to suffer severe and permanent injuries. These accidents can lead to significant medical costs, lost income and psychological traumas.
Your attorney will issue a Summons & Complaint to all the parties responsible. This process can take several years. Since New York uses comparative fault rules, your lawyer will ensure that any shared responsibility is properly defined and allocated to defendants.
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 could be catastrophic and the impact is far more complicated due to the size and weight of commercial trucks. These accidents also involve more complex investigation.
Because of this, trucking companies and insurance providers typically conduct their own investigation immediately following an accident to protect their interests. The issue is that victims are left to take care of their injuries, and aren't able to collect evidence. This puts them at a disadvantage comparison to the trucking company and insurance company.
A lawyer for truck accidents who is skilled will look for evidence in a variety sources, such as witness testimony, police reports and inspections of vehicles. A seasoned attorney will not only rely on police reports, however, since these reports are usually not sufficient for civil litigation purposes. new hampshire truck accident lawsuit aren't taught to conduct a proper investigation, and they may not be able to gather all the evidence required to file a lawsuit.
Other types of information might include logbook and maintenance records and service records from the truck. Data from the device for recording events (also known as the black box) is also available. A competent attorney will request the driver of the truck and the trucking company for these and other forms of evidence and then carefully look over them to determine causes of the accident.
Expert Witnesses
An expert witness can help your lawyer to prove different elements of your truck accident case. A medical professional for instance, can give evidence to your lawyer that the accident led to your injuries. Your expert can also testify as to the impact your injuries will have on 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.
An expert can look over the physical evidence and explain the impact of your injury on your future. For example, a medical expert can explain how your accident will affect you in terms of physical and mental well-being. Another type of expert is a metallurgist who will determine the reason why a component of a vehicle failed. There are also experts who can examine the way in which weather conditions could be a factor in the crash.
The primary function of your expert is to evaluate the evidence and give an unbiased opinion. However, certain expert witnesses could pose a liability risk in your case if they are biased or have ties to the defendant's businesses. Your lawyer can conduct an investigation into their background to determine these risks and make sure that you have the best expert witnesses on your side.
Your attorney will conduct an interview with you, as well as witnesses who were present at the incident prior to it happening. You should be aware that the insurance companies of the defendants will try to convince you to acknowledge your responsibility or provide statements that they can twist or alter to reduce your chances of winning.
Litigation
As with all drivers, truck drivers have a obligation to follow traffic laws and to use reasonable care when driving. If they do not fulfill this obligation and their negligence leads to a crash, they may be held accountable for the injuries incurred by the victims of the collision.
To demonstrate the defendant's culpability, our attorney will gather a number of eyewitnesses who witnessed the crash and give written or oral testimony about how the crash occurred. 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 cause of an accident involving a truck is complex and involves multiple parties. If the truck accident was caused by defective equipment or improper maintenance, we could sue the producers or the truck. We could also sue the mechanic who made the repairs or the repair shop.
We will try to resolve your case outside of court. However, if the trucking company 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, a judge or jury will decide on issues that are disputed, such as who was responsible for the accident and what amount of compensation you are entitled to receive. The total of your legal damages will be based on the losses you have documented that comprise financial, physical and emotional pain.
Statute of Limitations
While the legal process after a truck accident can be a bit complicated, knowing the way these cases are handled can help you prepare for what is ahead and provide you with a better understanding of the length of time your case may take.
One of the most crucial steps is establishing the extent of liability. If the truck driver was tired or distracted, for instance it is likely that they'll be held accountable for your losses. There may be other parties also accountable. If the accident was the result of poor repairs such as a mechanic or company that manufactured the truck or its components could be held accountable under the legal theory of respondeat superior.
You may also be entitled to damages for punitive acts if the responsible party acted with recklessness that was more severe. In order to prove this, you must prove that they behaved in a reckless, impulsive way, and with a disregard for your safety as well as that of others.
It is important to work with an attorney who understands the complexities of truck accidents. Insurance companies and the attorneys representing the parties at fault are often sheep in sheep's clothes and will try to get statements from you which they can use against you in the future. If you have an attorney handling all communications, you can avoid these pitfalls.