The Process of a Truck Accident Lawsuit
Truck accidents can cause severe and permanent injuries. They can cause significant medical expenses, lost wages and psychological damages.
Your attorney will prepare an Summons and Complaint against all parties liable. The process could last for several years. Your lawyer can help you determine whether any shared responsibility been properly assessed and allocated.
Investigations
If someone is injured in a truck crash there is much more at stake than in a car crash. A truck accident can have life-altering consequences. The impact is more complex because of the weight and size. These accidents also require more complicated investigations.
As a result, insurance companies and trucking firms typically conduct their own investigations following an accident to protect their interests. The problem is that victims are left to handle their injuries and aren't capable of obtaining evidence. This leaves the injured at a disadvantage to the insurance provider and trucking company.
A truck accident lawyer who is experienced will look for evidence in a variety of sources, such as police reports, witness testimony, and inspections of vehicles. A lawyer who is well-informed is not relying on only police reports since they are typically insufficient for civil litigation. Police officers aren't trained to conduct a proper investigation and could not be able to gather all the evidence required to file the filing of a lawsuit.
Other kinds of information include logbook records, maintenance and service records for the truck and the event data recorder (also called a black box), and more. A competent attorney will request these as well as other types of evidence from the truck driver and the trucking company and carefully examine them to determine what caused the accident.
Expert Witnesses
A expert witness from a truck accident can aid your lawyer in proving different aspects of the case. A medical professional is a good example. They can provide evidence to your lawyer that the crash caused your injuries. Your expert can also testify about how your injuries affect your life's quality of living in the future. Expert witnesses can help your lawyer calculate the amount of damages which include lost income and your future earning capacity.
Experts can examine the physical evidence and explain how your injuries will impact your future. A medical professional, for example, can explain how the accident could affect your mental and physical health. A metallurgist is a different kind of expert who can determine the reasons behind why a vehicle component failed. There are also experts who examine the way in which weather conditions could have caused the crash.
The main function of your expert witness is to analyze the evidence and provide an objective opinion. Expert witnesses can be a liability for your case when their opinions are skewed or they are associated with the defendants. Your attorney can perform an investigation of the background of the expert witness to find out any risks.
In addition to experts, your lawyer will also speak with you and witnesses, including witnesses who witnessed the crash occurring before it occurred. You should be aware that the insurance companies of the defendants will try to get your to acknowledge your responsibility or make statements which they can twist or alter to make it appear as though they are trying to undermine your case.
Litigation
Like any other driver truck drivers are also required to obey traffic laws. obligation to observe traffic rules and to take reasonable care when driving. If they fail to fulfill this obligation and their negligence results in an accident, they could be held liable for the accident damages suffered by the victims of that crash.
Our lawyer will gather evidence from eyewitnesses, and get written or oral testimony to prove the defendant was negligent. Our team will also look at a wide range of other evidences, including skid marks and areas of impact, as well as conduct crash tests.
Sometimes, the cause of the truck crash is complex with multiple parties. For example, if the truck accident was caused by defective equipment or inadequate maintenance, we might bring a lawsuit against the manufacturer of the equipment or the trucks themselves. arlington heights truck accident attorney could also sue the mechanic or repair shop responsible for performing the repairs.
We will try to settle your case outside of the courtroom. However, if the trucking company or its insurer is unwilling to accept an equitable settlement or offer, we'll prepare to go to trial. During the trial, a jury or judge will rule on disputes like who was at fault and how much compensation you should get. The legal damages you receive will be determined based on the total of your losses, which include physical, financial, and emotional pain.
Statute of Limitations
Knowing how these cases typically take place can help you prepare for what's to come and give you an idea of how long it may take to resolve your case.
The process of establishing liability is among the most important steps. If the truck driver was tired or distracted, for instance the chances are that they'll be held accountable for your damages. There could be other parties also accountable. For instance, if a crash was caused by poor repairs, for instance, an individual mechanic who did the work or a company that manufactured the truck or its parts might be held responsible under the legal theory of respondeat superior.
You could also be entitled to damages for punitive harm if the accountable person committed an act of recklessness that was more severe. To be able to prove this, we must to prove that the liable party acted with reckless disregard of your safety or that of others.
It's important to work with an attorney who understands the complexities involved in truck accidents. Insurance companies and the lawyers representing the parties at fault are frequently wolves in sheep's clothing and will try to collect statements from you that they may use against you in the future. By having an attorney manage all communications, you will stay clear of these traps.