The Process of a Truck Accident Lawsuit
Truck accidents can cause severe and permanent injuries. Accidents can result in substantial medical expenses, loss of income, and psychological injuries.
Your attorney will issue an Summons & Complaint to all the parties responsible. The process can take a few years. Your lawyer can assist you determine whether any shared responsibility been properly assessed and assigned.
Investigations
A truck accident can be more severe than an auto accident. The effects of a crash involving a truck can be devastating and the impact is more complicated due to the size and weight of a commercial truck. These accidents also require more complex investigations.
To protect their interests in the event of a crash, trucking firms or insurance providers will often investigate immediately following a crash. The victims are left to deal only with their injuries, and are not able to gather evidence. This puts them at a disadvantage comparison to the trucking company and insurance provider.
A lawyer for truck accidents who is skilled will look for evidence in a variety sources, including police reports, witness testimony and inspections of vehicles. A skilled lawyer should not depend solely on police reports however, because these documents are often inadequate for civil litigation. Police officers might not be trained to conduct an inquiry properly and might not gather all the evidence required to support an action.
Other types of information may include logbook records and maintenance and service records from the truck. The data from the device for recording events (also called a black box) is also available. An experienced attorney will ask both the driver of the truck and trucking company for these and other types of evidence and then carefully look over them to determine causes of the accident.
Expert Witnesses
A expert witness in a truck accident can aid your attorney in proving various aspects of the case. Medical experts is a good example. They can provide evidence to your lawyer that the crash caused your injuries. Your expert may also testify about the impact your injuries will have on your life-style and quality of living. Expert witnesses can help your lawyer determine the worth of your damages, which could include lost income and loss of earning capacity in the future.
Your doctor can look over physical evidence and explain the impact of your injury on your future. For instance an expert in medical science will explain how the accident can impact your physical and mental well-being. Another kind of expert is a metallurgist that can identify the reason a part of a vehicle failed. Experts can determine if the weather was a factor in the crash.
The main function of your expert witness is to analyze the evidence and provide an objective and impartial opinion. Some experts could be a liability in your case when their opinions are biased or they are associated with the defendants. Your attorney can perform an investigation into their background to determine these risks and ensure that you have the top experts in your case.
Aside from experts, your lawyer will also speak with you and other eyewitnesses, including any witnesses who witnessed the accident taking place before it occurred. Be aware that the insurance companies of the defendants will try to get your to acknowledge your responsibility or make statements that they can twist and alter to make it appear as though they are trying to undermine your case.
Litigation
Like any other driver truck drivers also have a obligation to observe traffic rules and to use reasonable care when they travel. If they fail to do so and their negligence causes an accident, then they could be held accountable for the accident damages that victims are liable for.
To establish the defendant's negligence, our lawyer will collect a array of evidence from witnesses who witnessed the crash and give written or oral evidence about the circumstances of the collision. Our team will also review an array of other evidences, including skid marks and points of impact, and conduct crash tests.
Sometimes the cause of an accident involving a truck is complex that involves multiple parties. If the accident was caused by defective equipment or maintenance that was not done properly, we could sue the producers or the truck. We could also bring a lawsuit against the mechanic that performed the repairs or the repair shop.
We will endeavor to resolve your dispute out of court, but in the event that the trucking company, or its insurance company refuses to make a fair settlement offer, we will prepare for trial. During the trial the judge or jury will rule on disputed issues like who was responsible for the crash and what amount of compensation you should receive. The legal damages you receive will be determined in accordance with the totality of your losses. This includes financial, physical, and emotional pain.
Statute of limitations
Understanding how these cases typically proceed can help prepare you for the future and give you an idea of how long it could take to settle your case.
The process of establishing liability is among the most important steps. If an truck driver was sleepy or distracted, as an example the chances are that they'll be held accountable for the damages you suffered. However, there might be other parties who are accountable as well. If the crash was caused by faulty repairs and/or a mechanic, then the company that made the truck or its components could be held accountable under the legal theory respondeat superior.
It's also possible that the person who is responsible did a greater act of recklessness, which could be grounds for you to receive punitive damages. To determine this, we must establish that they acted in a willful and wanton way, and with a disregard for your safety and the safety of others.
deerfield beach truck accident attorney is crucial to choose an attorney who is knowledgeable with the complexities of truck accident cases. Insurance companies and attorneys for the at-fault party are usually the wolves in sheepskins who attempt to convince you to give statements that they can later use against you. You can avoid these pitfalls by having an attorney manage your communications.