10 Things We Hate About Truck Accident Attorneys
The Process of a Truck Accident Lawsuit
Accidents with trucks can cause severe and permanent injuries. These can result in significant medical costs as well as psychological damages.
Your lawyer will issue an Summons & 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
If someone is injured in a truck crash there is much more at stake than in a car crash. The consequences of a truck accident can be life-changing and the impact is more complex due to the weight and size of commercial trucks. These accidents also involve more complicated investigation.
To protect their interests the trucking companies and insurance companies often conduct investigations right after a crash. The victims are left to deal only with their injuries, and are unable to collect evidence. This puts them at a disadvantage compared to the insurance company and trucking company.
A lawyer for truck accidents who is experienced will look for evidence in various sources, such as witness testimony, police reports and inspections of vehicles. A knowledgeable lawyer will not only rely on police reports however, since these reports are typically not adequate for civil litigation. Police officers aren't properly trained to conduct a proper investigation and might fail to gather all of the evidence needed for the filing of a lawsuit.
Other kinds of data could include logbook and maintenance records and service records from the truck. The data from the event data recording device (also called a black box) is also available. An experienced attorney will seek these and other forms of evidence from the truck driver and trucking company and carefully examine them to determine what caused the accident.
Expert Witnesses
A professional witness can help your attorney prove various elements of your truck accident case. A medical professional for instance, can prove to your lawyer that the accident led to your injuries. Your expert may also testify about how your injuries will impact your future quality of life. Expert witnesses can help your lawyer assess the value of your losses, including lost income and loss of future earning capacity.
Experts can examine the physical evidence and explain the impact of your injury on your future. For instance an expert in medical science can demonstrate how your accident will impact your physical and mental health. Another type of expert is a metallurgist who can examine the reasons why a part of a car failed. There are experts who can determine whether the weather was a factor in the crash.
The role of an expert witness is to offer an honest and impartial opinion after having analyzed the evidence. However, certain expert witnesses can become a liability risk in your case if they are biased or have ties to the defendants' companies. Your lawyer can conduct a background check on the expert witness to find out any potential risks.
Aside from expert witnesses, your attorney will also speak with 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 admit fault or provide statements that they can twist or alter to make your case more difficult.
Litigation
Truck drivers are also required to follow traffic laws and operate with reasonable care. If they do not follow the rules and their negligence causes a crash, then they could be held liable for the damage that the victims are left with.
To establish the defendant's negligence, our attorney will gather a 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 examine other evidence such as 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 instance, if a truck accident was caused by defective equipment or improper maintenance, we may seek to sue the producers of that equipment or the trucks themselves. We might also sue the repair shop or mechanic responsible for performing the repairs.
We will try to resolve your case without going to court. However, if the trucking company or its insurance company refuses to negotiate an equitable settlement and we are unable to reach a fair settlement, we will go to trial. During the trial the jury or judge will decide on the merits of the dispute such as who was at fault for the accident and the amount of compensation you should be awarded. The amount of your legal damages will be determined based on the losses you have documented, which comprise financial, physical and emotional suffering.
lawrence truck accident lawyer of Limitations
Although navigating the legal system following a truck crash can be confusing, knowing how these cases typically proceed will help you understand what's to come and provide you with a better understanding of the length of time your case might take.
Finding out who is responsible is one of the most crucial steps. If the truck driver was drunk or distracted, as an example the chances are that they'll be held accountable for the damages. There could be other parties that are equally responsible. For instance, if the crash was caused by poor repairs, for instance, a mechanic who performed the work or a business which made the truck or its components could be held responsible in the legal concept of respondeat superior.
You may also be entitled to damages for punitive acts if the responsible party acted with recklessness that was more severe. To establish this, we have to establish that the liable party acted in reckless disregard of your safety or that of others.
It is vital to hire 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 try to force you to give statements that they can later use against you. You can stay clear of these pitfalls by having an attorney handle your communications.