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The Process of a Truck Accident Lawsuit Accidents involving trucks can cause serious and permanent injuries. These can lead to significant medical expenses, lost wages and psychological trauma. Your lawyer will make an Summons and Complaint against all liable parties. This process can last several years. Because New York uses comparative fault rules, your lawyer will ensure that any shared liability is properly assessed and allocated to defendants. Investigations When someone is injured in a collision with a truck, there is a lot more at stake than an auto crash. The effects of a crash involving a truck can be life-altering and the resulting damage 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 companies often investigate immediately following the accident. The victims are left to deal only with their injuries and are unable to collect evidence. This puts them at a disadvantage compared to the insurance company 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 seasoned attorney will not just rely on police reports however, since these reports are usually not sufficient for civil litigation purposes. Police officers aren't trained to conduct an effective investigation and might fail to gather all the evidence needed to support 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 device for recording events (also known as the black box) is also available. A skilled attorney will ask both the driver of the truck and trucking company for these types and other types of evidence and then carefully examine them to determine the root of the accident. Expert Witnesses A expert witness from a truck accident can aid your lawyer in proving different elements of the case. For example medical experts can prove to your lawyer that the crash caused your injuries. Experts can also testify about how your injuries affect your future quality of life. Expert witnesses can also help your lawyer calculate the value of your losses, including lost income and loss of earning capacity in the future. Your expert can review the physical evidence and explain how your injury will affect your future. For instance an expert in medical science can explain how your accident can impact your physical and mental well-being. Another type of expert is a metallurgist that can analyze why a vehicle part failed. Experts can determine if the weather was the cause of the crash. The main function of your expert witness is to evaluate the evidence and offer an objective opinion. Some experts could be a liability in your case when their opinions are skewed or they have ties with the defendants. Your attorney can use an investigation into their background to determine these risks and ensure you have the best experts on your side. Your lawyer will interview you, as well as any other eyewitnesses who witnessed the accident prior to it taking place. It is important to keep in mind that the insurance companies of the defendants will try to convince you to admit guilt or to make statements they can twist and alter to deny your claim. Litigation Like any other driver truckers are required by law to adhere to a obligation to observe traffic rules and to exercise reasonable care when they travel. If they fail in this obligation and their negligence results in a crash, they may be held accountable for the damages caused by the accident to the victims of the collision. To prove the defendant's negligence, our lawyer will gather array of evidence from witnesses who witnessed the crash and provide either oral or written testimony regarding how the crash occurred. Our team will also review other evidence like skidmarks and points of impact. They will also conduct crash testing. Sometimes, the cause of an accident involving a truck is complex and involves multiple parties. For instance, if the truck crash was caused due to defective equipment or insufficient maintenance, we could seek to sue the producers of that equipment or the trucks themselves. hialeah truck accident law firm might also sue the repair shop or mechanic accountable for the repairs. We will try to resolve your dispute out of court, but should the trucking firm or its insurer is unable to make a fair settlement offer, we will prepare for trial. During the trial the judge or jury will decide on the merits of the dispute such as who was at fault for the accident and what amount of compensation you must be awarded. Your legal damages will be determined in accordance with the totality of your losses. This includes physical, financial, and emotional suffering. Statute of Limitations While navigating the legal process after a truck accident can be confusing, knowing how these cases usually go will help you anticipate what is ahead and give you a better sense of the length of time your case may take. Liability is one of the most important steps. It is likely that a trucker who was drunk, distracted, or otherwise impaired will be held responsible for the damages you suffered. However, there may be other parties equally responsible. For instance, if the accident resulted from faulty repairs such as a mechanic who did the work or a company that manufactured the truck or its components could be held liable in the legal concept of respondeat superior. It's also possible the responsible party has did a greater act of recklessness, which could be grounds for you to receive punitive damages. To prove this, we must establish that they acted in a reckless, impulsive manner with a disregard for your safety and that of others. It is essential to work with a lawyer who is familiar with the complexities involved in truck accident cases. Insurance companies and the at-fault parties' attorneys are frequently sheep in sheep's clothes and will try to obtain information from you that they can use against you in the future. If you hire an attorney to handle all communications, you'll avoid these pitfalls.