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The Process of a Truck Accident Lawsuit Accidents involving trucks can cause serious and permanent injuries. These accidents can lead to massive medical expenses, loss of income and psychological damages. Your lawyer will make a Summons and Complaint to all the parties responsible. This process can last several years. Since New York uses comparative fault rules, your lawyer will ensure that any shared responsibility is appropriately evaluated and distributed to defendants. Investigations A truck accident can be more serious than an auto accident. The consequences of a collision with a truck can be devastating and the impact can be more complex due to the weight and size of commercial trucks. These accidents also require more intricate investigation. To protect their interests trucking companies or insurance providers will often conduct investigations right after a crash. The victims are left to deal with their injuries, and they are unable to collect evidence. This puts them at a disadvantage in comparison to the trucking company or insurance companies. A lawyer for truck accidents who has experience will look for evidence in a variety of sources, including police reports, witness testimony 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 always trained to conduct an investigation properly and might not gather all the evidence required for an action. Other types of information might include logbook records, maintenance and service records from the truck. The data from the device for recording events (also called a black box) is also available. A competent 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 what caused the accident. Expert Witnesses An expert witness can assist your lawyer establish the various aspects of your truck accident case. For example an expert in medical science will provide your lawyer with evidence that the crash caused your injuries. Your expert may also testify as to how your injuries could affect your quality of life in the future. Expert witnesses can assist your lawyer determine the value of your losses, including lost income and loss of future earning capacity. richardson truck accident lawsuit can review physical evidence and explain the impact of your injury on your future. Medical experts, for example, can explain how your accident might affect your physical and mental health. A metallurgist, for instance, is another kind of expert who can analyze the reasons why a vehicle component failed. There are also experts who can analyze how the weather may have caused the crash. The main function of an expert witness is to evaluate the evidence and offer an impartial opinion. However, certain expert witnesses can become risky for your case if they are biased or have connections to the defendant's companies. Your attorney can perform an investigation into the background of the expert witness in order to identify any risks. Your attorney will interview you, along with any other eyewitnesses who saw the incident prior to it happening. You should be aware that the insurance companies of the defendants will attempt to get your to acknowledge your responsibility or make statements that they can twist and change to make it appear as though they are trying to undermine your case. Litigation Truck drivers are also required to follow traffic laws and use reasonable care when driving. If they do not comply with this duty and their negligence causes a crash, they could be held liable for the injuries incurred by the victims of the crash. Our lawyer will collect evidence from eyewitnesses and obtain written or oral evidence to prove that the defendant was negligent. Our team will also study other evidence, such as skidmarks and points of impact, and conduct crash testing. 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 manufacturers or the trucks. We might also claim against the mechanic who did the repairs or the repair shop. We will try to resolve your case without going to court. However, if the trucking firm or its insurer is unwilling to accept an equitable settlement, we will prepare to go to trial. During the trial in court, a jury or judge will decide on the merits of the dispute like who was responsible for the accident and the amount of compensation you are entitled to receive. The total amount of your legal damages will be determined based on the losses you have documented that comprise financial, physical and emotional suffering. Statute of limitations Understanding how these cases usually take place can help you prepare for what's to come and give you an idea of how long it could take to settle your case. One of the most crucial steps is to establish the extent of liability. It is likely that a trucker who was drunk or distracted or impaired will be held accountable for the damage you suffered. There may be other parties as well. For instance, if the crash resulted from poor repairs for instance, a mechanic who completed the work or a company that manufactured the truck or its parts could be held responsible under the legal theory of respondeat superior. You may also be entitled to damages for punitive acts if the responsible party committed an act of recklessness that was more severe. To determine this, we must prove that they acted in a willful and wanton manner, with no regard for your safety as well as that of others. It is vital to hire a lawyer who is familiar with the complexities of truck accident cases. Insurance companies and the attorneys of the at-fault parties are frequently sheep in sheep's clothes and will try to collect statements from you which they can use against you in the future. If you have an attorney handling all communications, it is possible to stay clear of these traps.