The Process of a Truck Accident Lawsuit
Many truck accidents leave victims with lifelong and severe injuries. They can cause significant medical costs, lost wages and psychological harm.
Your attorney will make an Summons and Complaint against all parties liable. The process can take a few years. Your lawyer can help you determine whether any shared responsibility been properly assessed and assigned.
Investigations
A truck crash can be more serious than an auto crash. A truck accident could result in devastating consequences for the person. The consequences are more complex due to its size and weight. These accidents also require more sophisticated investigation.
Because of this, insurance companies and trucking companies often conduct their own investigations immediately following an accident to protect their interests. 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 or insurance companies.
A skilled attorney for truck accidents knows to look for evidence from numerous sources that include police reports, witness statements and inspections of vehicles. A lawyer who is well-informed cannot rely solely on police reports alone because they are usually not sufficient for civil litigation. Police officers aren't properly trained to conduct a proper investigation, and they may fail to gather all of the evidence needed for the filing of a lawsuit.
Other kinds of information could include logbook records, maintenance and service records from the truck. The data from the event data recording device (also known by the name black box) is also available. A competent attorney will ask the truck driver and the trucking company for these types and other types of evidence and then carefully examine them to determine the cause of the accident.
Expert Witnesses
A expert witness for a truck accident could aid your attorney in proving various aspects of the case. A medical professional could, for instance, prove to your lawyer that the crash caused your injuries. Your expert may also testify as to how your injuries could affect your future quality-of-life. Expert witnesses can assist your lawyer determine your damages like lost income and your future earning capacity.
A medical professional can examine physical evidence and discuss the consequences of your injury on your future. For instance, a medical expert can demonstrate how your accident will impact your mental and physical well-being. Another kind of expert is a metallurgist, who can analyze why a vehicle part failed. There are also experts who examine the way in which weather conditions could have contributed to the crash.
The role of an expert witness is to provide an impartial and impartial opinion after having analyzed the evidence. Certain expert witnesses could be a liability to your case when their opinions are biased or they have ties with the defendants. Your attorney can conduct a background check to identify these risks and make sure that you have the best experts on your side.
Alongside experts, your lawyer will also interview you and other eyewitnesses. pittsburgh truck accident attorney includes witnesses who witnessed the crash take place before it happened. Be aware that the insurance companies of the defendants will attempt to convince you to admit guilt or give statements that they can twist and change to make your case more difficult.
Litigation
Truck drivers are also required to observe traffic laws and operate with reasonable care. If they do not comply with this obligation and their carelessness causes an accident, they could be held responsible for damages caused by the accident to the victims of that collision.
Our attorney will collect evidence from eyewitnesses and obtain written or oral evidence to prove that the defendant was negligent. Our team will also examine other evidence, such as skidmarks and points of impact, and conduct crash testing.
Sometimes, the cause of the truck crash is complex with multiple parties. For instance, if a truck accident was caused due to defective equipment or insufficient maintenance, we might bring a lawsuit against the manufacturer of the equipment or the trucks themselves. We might also sue the mechanic or repair shop who performed the repairs.
We will endeavor to resolve your dispute out of court, however should the trucking company or its insurance company is unwilling to make an appropriate settlement offer then we will prepare for trial. During the trial the judge or jury will decide on the merits of the dispute like who was responsible for the crash and the amount of compensation you should be awarded. The total amount of your legal damages will be determined based on your documented losses that include financial, physical, and emotional suffering.
Statute of limitations
Although the legal process after a truck accident can be complex, understanding the way these cases are handled can help you prepare for the future and give you a better idea of how long your case could take.
One of the most important steps is to establish the extent of liability. If the truck driver was drunk or distracted, as an example the chances are that they will be held responsible for the damages. There could be other parties that are also accountable. If the accident was caused by faulty repairs such as a mechanic or company that made the truck or its components could be held accountable under the legal theory of respondeat superior.
You may also be entitled to damages for punitive harm if the accountable party committed an act of recklessness that was more acrimonious. To prove this, we must prove that they acted in a reckless and reckless manner that was reckless and in disregard for your safety as well as that of others.
It is vital to hire an attorney who is experienced with the complexities involved in truck accident cases. Insurance companies and the lawyers representing the parties at fault are frequently the wolves in sheep's clothing who will try to collect statements from you which they can use against you later. You can stay clear of these pitfalls by hiring an attorney to manage your communications.