The Process of a Truck Accident Lawsuit
Many truck accidents cause victims to suffer severe and permanent injuries. They can cause significant medical expenses as well as psychological harm.
Your lawyer will prepare an Summons and Complaint against all parties liable. lewisville truck wreck lawyer can take a few years. Your lawyer can assist you determine whether the shared responsibility has been properly assessed and allocated.
Investigations
A truck accident can be more severe than an auto accident. The consequences of a truck accident can be life-changing and the impact is far more complex due to the weight and size of a commercial truck. These accidents also require more complicated investigations.
To protect their interests in the event of a crash, trucking firms or insurance companies will usually conduct investigations right after a crash. The victims are left to deal only with their injuries, and they are unable to collect evidence. This leaves the injured at a disadvantage to the insurance provider and trucking company.
A truck accident lawyer with experience will search for evidence in a variety of sources, including witness testimony, police reports, and vehicle inspections. A knowledgeable lawyer will not only rely on police reports, however, since these reports are not always sufficient for civil litigation. Police officers aren't properly trained to conduct an appropriate 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 known as the black box) is also available. A competent attorney will ask the truck driver and the trucking company for these and other types of evidence and then carefully analyse them to determine the cause of the accident.
Expert Witnesses
A professional witness can help your lawyer prove the various elements of your truck accident case. A medical expert for instance, can give evidence to your lawyer that the accident caused your injuries. Your expert can also testify as to how your injuries will affect your future quality of life. Expert witnesses can help your lawyer calculate the value of your damages, which could include lost income and loss of earning capacity in the future.
Experts can review physical evidence and discuss the consequences of your injury on your future. A medical professional can, for instance, explain how your accident may affect your physical and mental health. Another kind of expert is a metallurgist who can determine the reason why a component of a vehicle failed. There are also experts who assess the ways in which weather might have contributed to the crash.
The primary function of your expert is to evaluate the evidence and offer an impartial opinion. Some expert witnesses may be a liability in your case when their opinions are skewed or they are associated with the defendants. Your attorney can perform a background check on the expert witness in order to identify any risks that could be present.
Your lawyer will interview you, as well as any other eyewitnesses that witnessed the accident prior to it taking place. It is important to keep in mind that the defendants' insurance firms will try to convince you to admit fault or to make claims they can twist or distort to deny your claim.
Litigation
Truck drivers are also required to observe traffic laws and use reasonable care when driving. If they fail to comply with these rules and their negligence causes a crash, then they could be held accountable for the accident damages that the victims are liable for.
Our lawyer will collect evidence from eyewitnesses and seek oral or written testimony to prove the defendant was negligent. Our team will also examine other evidence like skidmarks and points of impact and conduct crash testing.
Sometimes, the reason for an accident involving a truck is complex and involves multiple parties. For instance, if the truck accident was caused due to defective equipment or insufficient maintenance, we may sue the manufacturers of that equipment or the trucks themselves. We might also sue the mechanic or repair shop responsible for the repairs.
We will attempt to resolve your case without going to the courtroom. However, if the trucking company or its insurance company refuses to negotiate a fair settlement and we are unable to reach a fair settlement, we will go to trial. During the trial the judge or jury will decide on any disputed issues like who was responsible for the accident and the amount of compensation you must be awarded. Your legal damages will be determined in accordance with the totality of your losses, which include financial, physical, and emotional suffering.
Statute of limitations
Understanding how these cases normally proceed can help prepare you for what is to come and give you an idea of how long it could take to settle your case.
Liability is one of the most crucial steps. It is possible that a trucker who was drunk or distracted or impaired will be held responsible for the damage you suffered. There could be other parties also liable. If the accident was caused by poor repairs or a mechanic, then a company that made the truck or its components could be held accountable under the legal theory of respondeat superior.
It's also possible that the responsible party has may have committed a more serious risky act, which could result in punitive damages. To prove this, we must prove that they behaved in a reckless, impulsive manner, with no regard for your safety and the safety of others.
It's important to work with an attorney who understands the complexities of truck accidents. Insurance companies and at-fault parties' attorneys are often the wolves in sheep's clothing who will attempt to obtain statements from you that they may use against you in the future. By having an attorney handle all communications, you'll avoid these traps.