The Process of a Truck Accident Lawsuit
Many truck accidents result in victims suffering severe and permanent injuries. They can cause significant medical expenses, lost wages and psychological trauma.
Your attorney will file a Summons and Complaint to all the parties responsible. This process can last several years. Your lawyer can help determine if any shared responsibility has been properly assessed and assigned.
Investigations
If someone is injured in a collision with a truck there is more at stake than an auto collision. A truck accident could have life-changing effects. The consequences are more complex due to the size and weight. These accidents also require more complex investigations.
To protect their interests in the event of a crash, trucking firms or insurance companies will usually investigate immediately following an accident. pittsburgh truck wreck lawyer are left to deal only with their injuries, and they are unable to collect evidence. This puts them at a disadvantage when compared to the insurance provider and trucking company.
A lawyer for truck accidents who is skilled will look for evidence in a variety sources, including witness testimony, police reports and vehicle inspections. A lawyer who is knowledgeable will not rely on the reports of police officers alone because they are usually not sufficient for civil litigation. Police officers are not trained to conduct a proper investigation and could not be able to gather all the evidence needed to support an action.
Other kinds of data include logbook entries, maintenance and service records for the truck, data from the event data recorder (also known as a black box) and many more. A skilled attorney will request these as well as other types of evidence from the truck driver and the trucking firm, and then thoroughly analyze them to determine the cause of the accident.
Expert Witnesses
An expert witness can assist your attorney prove various elements of your truck accident case. For example, a medical expert can provide evidence that the crash resulted in 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 assess the damages which include lost income and your future earning capacity.
Your expert can review the physical evidence and explain the impact of your injury on your future. Medical experts can, for instance, explain how the accident could impact your physical and mental health. A metallurgist, for instance, is another kind of expert who will analyze the reasons why a vehicle component failed. Experts can determine if weather was a factor in the crash.
The primary function of your expert is to evaluate the evidence and provide an impartial opinion. However, certain expert witnesses can become a liability risk in your case if they're biased or have ties to the defendant's businesses. Your lawyer can conduct a background check to identify these risks and make sure that you have the best experts in your case.
Apart from experts, your lawyer will also question you and witnesses, including 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 convince you to admit fault or to make claims they can twist and deceive to diminish your case.
Litigation
Like all drivers truck drivers are also required to obey traffic laws. obligation to observe traffic rules and to use reasonable care on the road. If they fail to fulfill this duty and their negligence leads to a crash, they may be held accountable for accident damages suffered by those who were injured in the collision.
Our attorney will collect evidence from eyewitnesses, and get written or oral evidence to prove the defendant was negligent. Our team will also look at an array of other evidences, including skid marks or points of impact, and conduct crash tests.
Sometimes, the cause of an accident involving a truck is complex and involves multiple parties. If the truck accident was caused by defective equipment, or improper maintenance, then we could sue the manufacturer or the trucks. We might also sue the repair shop or mechanic responsible for performing the repairs.
We will attempt to resolve your case outside of the courtroom. If, however, the trucking company or its insurer is unwilling to accept an equitable settlement, we will prepare to go to trial. During the trial the judge or jury will rule on disputed issues such as who was responsible for the crash and the amount of compensation you should be awarded. Your legal damages will be calculated based on the total of your losses, including physical, financial, and emotional suffering.
Statute of Limitations
Although navigating the legal system after a truck accident can be confusing, knowing the typical procedure for these cases will help you anticipate what's to come and give you a better idea of the length of time your case might take.
One of the most important steps is to establish the responsibility. It is likely that a trucker who was drowsy or distracted or impaired will be held responsible for the damage you suffered. However, there might be other parties equally responsible. If the crash 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 liable party committed a more severe act of recklessness, which might entitle you to punitive damages. To do this, we must prove that they behaved in a reckless and reckless manner with a disregard for your safety as well as that of others.
It's essential to find an attorney who is familiar with the complexities involved in truck accidents. Insurance companies and the attorneys of the at-fault parties are frequently wolves in sheep's clothing and will try to collect statements from you that they may use against you later. By having an attorney handle all communications, you can stay clear of these traps.