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The Process of a Truck Accident Lawsuit Many truck accidents result in victims suffering lifelong and severe injuries. These accidents can result in significant medical costs, lost income and psychological damages. Your attorney will prepare an Summons and Complaint to all the parties responsible. This process could take several years. Because New York uses comparative fault rules, your lawyer can ensure that any shared responsibility is correctly evaluated and distributed to defendants. Investigations When someone is injured in a crash involving a truck, there is a lot more at stake than an auto crash. A truck accident could have life-changing effects. The impact is more complex because of the weight and size. These accidents also require more intricate investigations. To protect their interests, trucking companies or insurance companies often investigate immediately following the incident. The victims are left to deal only with their injuries, and they are not able to gather evidence. This leaves them at a disadvantage compared to the insurance company and trucking companies. A skilled truck accident lawyer will seek evidence from numerous sources that include police reports, witness statements, and vehicle inspections. A lawyer who is knowledgeable will not rely on the reports of police officers alone since they are typically insufficient for civil litigation. Police officers aren't taught to conduct an appropriate investigation and could fail to gather all the evidence required to file a lawsuit. Other kinds of information could include logbook records and maintenance and service records from the truck. The data from the device for recording events (also known by the name black box) is also available. A competent attorney will demand these and other forms of evidence from the truck driver and trucking company, and then analyze them to determine the cause of the accident. Expert Witnesses An expert witness can help your lawyer prove the various elements of your truck accident case. For example, a medical expert can prove to your lawyer that the crash caused your injuries. Your expert can also testify as to the impact your injuries could have on your life's quality of living in the future. Expert witnesses can assist your lawyer determine the value of your losses, including lost income and loss of future earning capacity. Your expert can review physical evidence and explain the impact of your injury on your future. For example medical experts can show how your accident can impact you in terms of mental and physical well-being. Another type of expert is a metallurgist who can identify the reason a part of a vehicle failed. There are also experts who can determine if the weather could be a factor in the crash. A key role of your expert witness is to analyze the evidence and offer an impartial opinion. However, certain expert witnesses could be a liability risk in your case if they are biased or have ties to the defendants' companies. Your attorney can perform an investigation into the background of the expert witness to identify any potential risks. Aside from expert witnesses, your lawyer will also interview you and other eyewitnesses, including any people who saw the crash occurring before it happened. You should be aware that the insurance companies of the defendants will attempt to convince you to admit fault or make statements that they can twist or alter to weaken your case. Litigation Like all drivers truckers are required by law to adhere to a obligation to follow traffic laws and to use reasonable care when they travel. If they do not fulfill this obligation and their carelessness causes an accident, they could be held liable for the damage to the victims of that crash. Our lawyer will obtain evidence from eyewitnesses as well as written or oral testimony to prove the defendant was negligent. Our team will also study various other evidence, like skid marks and points of impact, and conduct crash tests. Sometimes the cause of a truck accident is complicated and involves multiple parties. For instance, if the truck accident was caused by defective equipment or improper maintenance, we could sue the manufacturers of that equipment or the trucks themselves. We could also sue the mechanic who made the repairs or the repair shop. We will attempt to settle your case outside of court, however should the trucking firm or its insurance company refuses to accept a fair settlement offer and we prepare for trial. During trial in which a judge or jury will decide on disputed issues such as who was responsible and what compensation you are entitled to. The total of your legal damages will be determined based on your documented losses that include physical, financial and emotional pain. Statute of Limitations Understanding how these cases typically take place can help you prepare for the future and provide you with an idea of how long it will take to settle your case. Establishing liability is one of the most crucial steps. It is possible that a trucker who was drunk, distracted, or otherwise impaired will be held responsible for the harm you suffered. However, there might be other parties who are accountable as well. If the crash was caused by poor repairs, then a mechanic or company that made the truck or its components could be held responsible in the context of the law governing respondeat superior. It's also possible the liable party committed a more severe reckless act that might entitle you to punitive damages. In order to prove this, you must prove that they behaved in a reckless, impulsive way, and with a disregard for your safety and the safety of others. It is essential to work with a lawyer who is familiar with the complexities of truck accident cases. billings truck accident lawsuit and attorneys for the at-fault party can be seen as wolves in sheepskins and will attempt to convince you to sign documents that they can later use against you. You can avoid these pitfalls by hiring an attorney to manage your communications.