The Process of a Truck Accident Lawsuit
Truck accidents can cause severe and permanent injuries. These accidents can cause significant medical expenses, lost income, and psychological injuries.
Your lawyer will issue a Summons and Complaint to all the parties responsible. This process could take several years. Your lawyer can help determine whether any shared responsibility been properly assessed and assigned.
Investigations
If someone is injured in a truck accident there is much more at stake than an auto crash. A truck accident could have life-changing consequences. The consequences are more complex because of the size and weight. These accidents also require more intricate investigations.
Because of this, insurance companies and trucking companies often conduct their own investigation immediately following 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 and insurance companies.
A truck accident lawyer who is skilled will look for evidence in a variety sources, including police reports, witness testimony, and vehicle inspections. A lawyer who is knowledgeable does not rely on the reports of police officers alone because they are usually insufficient for civil litigation. Police officers aren't always trained to conduct an investigation properly and they may not be able to gather all the evidence needed for the court case.
Other kinds of data include logbook entries maintenance and service records for the truck and the event data recorder (also known as a black box) and more. A competent attorney will demand these as well as other types of evidence from the truck driver as well as the trucking firm, and then thoroughly analyze the evidence to determine what led to the accident.
Expert Witnesses
A truck accident expert witness can aid your lawyer in proving different elements of the case. For example an expert in medical science will provide your lawyer with evidence that the crash caused your injuries. Your expert may be able to testify on the impact your injuries will have on your quality of life in the future. Expert witnesses can assist your lawyer assess the value of your injuries, which includes lost income and loss of future earning capacity.
An expert can look over the physical evidence and explain the impact of your injury on your future. A medical expert, for example, can explain how the accident could affect your mental and physical health. A metallurgist, for instance, is another kind of expert that can examine the reasons why a vehicle component failed. There are experts who can determine whether the weather was a factor in the crash.
The primary role of your expert is to evaluate the evidence and offer an unbiased opinion. However, some expert witnesses could be a liability risk for your case if they are biased or have ties to the defendants' businesses. Your lawyer can conduct an investigation of the background of the expert witness to determine any risks.
Apart from experts, your lawyer will also interview you and other eyewitnesses, including any witnesses who witnessed the crash taking place prior to when it happened. It is important to keep in mind that the insurance companies of the defendants will try to get you to acknowledge fault or to make statements they can twist and distort to undermine your claim.
Litigation
Like any other driver truck drivers are also required to obey traffic laws. obligation to observe traffic rules and to use reasonable care on the road. If they do not fulfill this duty and their negligence causes a crash, they may be held accountable for accident damages suffered by those who were injured in the collision.
Our lawyer will gather evidence from eyewitnesses and obtain written or oral evidence to prove the defendant was negligent. Our team will also look at other evidence, including skidmarks as well as points of impact. We will also conduct crash testing.
Sometimes, kansas truck accident lawyer of an accident involving a truck is complex and involves multiple parties. If the truck accident was caused by defective equipment or maintenance that was not done properly, we can sue the makers or the truck. We could also claim against the mechanic who did the repairs or the repair shop.
We will attempt to resolve your case outside of the courtroom. If, however, the trucking firm or its insurer is unwilling to accept a fair settlement, we will prepare to go to trial. During trial where a judge or jury will decide on disputed issues such as who was responsible and the amount of compensation you'll receive. Your legal damages will be determined by the sum of your losses, which include physical, financial, and emotional suffering.
Statute of Limitations
Understanding how these cases usually take place can help you prepare for the future and give you an idea of how long it will take to resolve your case.
Establishing liability is one of the most crucial steps. If the truck driver was drunk or distracted, for instance it is likely that they'll be held accountable for the damages you suffered. However, there might be other parties who are liable as well. If the accident was the result of poor repair and/or a mechanic, then the company that manufactured the truck or its components could be held responsible according to the legal theory of respondeat superior.
It's also possible that the liable party did a greater risky act, which might entitle you to punitive damages. To be able to prove this, we must to prove that the responsible party was reckless to your safety, or that of others.
It is vital to hire an attorney who is knowledgeable with the complexities of truck accident cases. Insurance companies and the attorneys of the at-fault parties are often wolves in sheep's clothing and will try to get statements from you which they can use against you later. You can avoid these pitfalls by hiring an attorney to handle your communications.