The Process of a Truck Accident Lawsuit
Many accidents involving trucks cause severe and lifelong injuries. These accidents can lead to significant medical costs, lost income, and psychological injuries.
Your lawyer will make an Summons and Complaint to all the parties responsible. This process could take several years. Your lawyer can help you determine if any shared responsibility has been properly assessed and allocated.
Investigations
A truck accident could be more serious than an auto collision. A truck accident could have life-changing consequences. The consequences are more complex due to its size and weight. These accidents also require more intricate investigation.
Because of this, trucking companies and insurance providers frequently conduct their own investigations right after an accident to protect their interests. The victims are left to deal only with their injuries, and are unable to collect evidence. This puts them at a disadvantage comparison to the trucking company or insurance company.
A lawyer for truck accidents who is experienced will look for evidence in a variety of sources, such as witness testimony, police reports, and vehicle inspections. A knowledgeable lawyer will not only rely on police reports, however, as these reports are typically not adequate for civil litigation purposes. Police officers aren't taught to conduct an effective investigation and might not 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 and the event data recorder (also called a black box) and more. A skilled attorney will ask both the driver of the truck and trucking company for these types and other types of evidence and then carefully analyze them to determine the root of the accident.
Expert Witnesses
A expert witness from a truck accident can aid your attorney in proving various elements of the case. An expert in medicine could, for instance, provide evidence to your attorney that the accident resulted in your injuries. Experts can also testify as to how your injuries could affect your quality of life in the future. Expert witnesses can assist your lawyer determine the extent of your injuries, such as lost income and future earning capacity.
An expert can look over the physical evidence and explain the impact of your injury on your future. For instance, a medical expert can explain how your accident will impact your mental and physical well-being. Another kind of expert is a metallurgist who will determine the reason why a component of a vehicle failed. Experts can determine if weather played a role in the crash.
Your expert's role is to provide an unbiased and impartial opinion after having analyzed the evidence. Some experts could be a liability to your case when their opinions are biased or they are associated with the defendants. Your lawyer can conduct a background check to find these risks and ensure you have the best experts on your side.
In addition to expert witnesses, your attorney will also interview you and other eyewitnesses, such as witnesses who witnessed the crash taking place prior to when it occurred. 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 and change to make your case more difficult.
Litigation
Just like other drivers truck drivers also have a obligation to observe traffic laws and take reasonable care while driving. If they fail to comply with these rules and their negligence causes an accident, they could be held liable for the damages caused by the accident victims are liable for.
madison truck accident attorney will collect evidence from eyewitnesses as well as oral or written testimony to prove the defendant was negligent. Our team will also examine other evidence, including skidmarks and points of impact, and conduct crash testing.
Sometimes, the cause of an accident involving a truck can be complex and involves multiple parties. For example, if the truck accident was caused by defective equipment or improper maintenance, we could bring a lawsuit against the manufacturer of the equipment or the trucks themselves. We might also sue the repair shop or mechanic who performed the repairs.
We will try to settle your case outside of court. However, if the trucking company or its insurer refuses an equitable settlement, we will prepare to go to trial. In the trial the judge or jury will decide on disputed issues like who was the culprit and what amount of compensation you are entitled to. Your legal damages will be calculated according to the total of your losses, which includes financial, physical and emotional suffering.
Statute of limitations
Understanding how these cases usually take place can help you prepare for the future and provide you with an idea of the time it might take to resolve your case.
Liability is one of the most important steps. It is possible that a trucker who was drunk or distracted or impaired will be held responsible for the damage you suffered. However, there might be other parties who are equally responsible. For instance, if the crash resulted from faulty repairs, for instance, an individual mechanic who did the work or a company who made the truck or its parts could be held liable under the legal theory of respondeat superior.
You may also be entitled to damages for punitive harm if the accountable party acted with recklessness that was more acrimonious. To be able to prove this, you need to prove that the liable party acted with reckless disregard for your safety or that of others.
It is important to work with an attorney who understands the complexities of truck accidents. Insurance companies and attorneys for the at-fault party are often sheepskin wolves and will try to get you to give statements that they can later use against you. You can avoid these traps by hiring an attorney to handle your communications.