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The Process of a Truck Accident Lawsuit Truck accidents can result in severe and permanent injuries. ofallon truck accident lawyer can cause substantial medical expenses, loss of income, and psychological damage. Your attorney will issue a Summons and Complaint to all parties that are responsible. This process can take several years. Since New York uses comparative fault rules, your lawyer will ensure that any shared responsibility is properly assessed and allocated to defendants. Investigations A truck accident could be more serious than an auto crash. A truck crash can have life-changing effects. The consequences are more complex due to its size and weight. These accidents also require more intricate investigations. This is why insurance companies and trucking firms typically conduct their own investigations right after the incident to protect their interests. The victims are left to deal with their injuries, and are unable to collect evidence. This puts them at a disadvantage comparison to the trucking company or insurance provider. A lawyer for truck accidents who is skilled will look for evidence in a variety sources, including witness testimony, police reports and inspections of vehicles. A seasoned lawyer won't rely solely on police reports however, since these reports are typically not adequate for civil litigation purposes. Police officers are not trained to conduct a proper investigation and may not be able to gather all the evidence needed to support the filing of a lawsuit. Other kinds of records include logbook data maintenance and service records for the truck as well as data from the event data recorder (also called a black box) and many more. An experienced attorney will seek these and other forms of evidence from the truck driver and trucking firm, and then thoroughly analyze them to determine the cause of the accident. Expert Witnesses A expert witness in a truck accident can assist your attorney in proving different aspects of the case. Medical experts, for example, can provide proof to your lawyer that the accident caused your injuries. Your expert will also testify on how your injuries will impact your life in the future. Expert witnesses can also help your lawyer calculate the value of your damages, which could include lost income and loss of future earning capacity. An expert can look over the physical evidence and explain how your injury will impact your future. For example an expert in medical science will explain how the accident will impact you in terms of physical and mental health. Another type of expert is a metallurgist who will identify the reason a part of a vehicle failed. There are also experts who examine the way in which weather conditions could have caused the crash. Your expert's role is to give an impartial and objective opinion after examining the evidence. Some expert witnesses may be a liability to your case when their opinions are biased or they have connections to the defendants. Your lawyer can conduct an identity check to identify these risks and ensure that you have the top experts on your side. Your lawyer will interview you, along with witnesses who were present at the incident before it occurred. It is crucial to remember that the defendants' insurance firms will attempt to force you to admit that they are at fault or make statements they can twist or distort to diminish your case. Litigation Truck drivers are also required to observe traffic laws and use reasonable care when driving. If they do not follow the rules and their negligence leads to a crash, they could be held liable for the injuries that victims suffer. Our lawyer will gather evidence from eyewitnesses as well as written or oral evidence to prove the defendant was negligent. Our team will also look at a wide range of other evidence, such as skid marks and areas of impact, as well as conduct crash tests. Sometimes, the cause of an accident involving a truck is complex and involves multiple parties. For instance, if the truck crash was caused by defective equipment or poor maintenance, we could sue the manufacturers of that equipment or the trucks themselves. We might also sue the mechanic who made the repairs or the repair shop. We will endeavor to resolve your dispute outside of court, but should the trucking firm or its insurer is unable to accept an equitable settlement offer, we will prepare for 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 must receive. The amount of your legal damages will be based on your documented losses, which include financial, physical, and emotional suffering. Statute of limitations Knowing how these cases typically are handled can help you prepare for what's to come and provide you with an idea of how long it will take to resolve your case. Finding out who is responsible is one of the most crucial steps. If an truck driver was sleepy or distracted, for instance, it is likely they'll be held accountable for your losses. However, there might be other parties who are accountable as well. For instance, if the crash resulted from faulty repairs such as a mechanic who performed the work or a business that made the truck or its components could be held responsible under the legal theory of respondeat superior. It is also possible that the responsible party has did a greater risky act, which could result in punitive damages. To be able to prove this, you need to establish that the liable party was reckless for your safety or the safety of others. It is essential to work with an attorney who is familiar with the complexities involved in truck accidents. Insurance companies and lawyers for the at-fault party are usually sheepskins in wolves and will try to get you to sign documents that they later use against you. By having an attorney manage all communications, you'll avoid these pitfalls.