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The Process of a Truck Accident Lawsuit Many truck accidents result in victims suffering lifelong and severe injuries. Accidents can result in significant medical costs, lost income, and psychological injuries. Your attorney will make a Summons and Complaint against all liable parties. This process could take a few years. Since New York uses comparative fault rules, your lawyer will ensure that any shared responsibility is properly determined and assigned to defendants. Investigations A truck accident could be more severe than an auto accident. The consequences of a truck crash could be catastrophic and the impact is far more complex due to the weight and size of commercial trucks. These accidents also involve more complicated investigations. This is why insurance companies and trucking firms frequently conduct their own investigation immediately following the incident 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 and insurance company. A skilled attorney for truck accidents can find evidence from various sources such as police reports, witness statements and inspections of vehicles. A lawyer who is experienced cannot rely solely on police reports alone as they can be not sufficient for civil litigation. Police officers may not be equipped to conduct an investigation properly and may not gather all the evidence needed for the court case. 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 a black box) is also available. A competent attorney will demand these as well as other types of evidence from the truck driver and trucking company and carefully examine them to determine what caused the accident. Expert Witnesses An expert witness can aid your lawyer to prove different elements of your truck accident case. An expert in medicine for instance, can give evidence to your attorney that the accident resulted in your injuries. davie truck accident law firm may also testify about how your injuries could affect your life-style and quality of living. Expert witnesses can help your lawyer calculate the value of your injuries, which includes lost income and loss of earning capacity in the future. Experts can examine the physical evidence and explain how your injury will impact your future. An expert in medicine for instance, can explain how your accident might affect your physical and mental health. A metallurgist is another type of expert who will analyze the causes behind why a component failed. There are also experts who analyze how the weather may have contributed to the crash. The role of an expert witness is to give an impartial and objective opinion after examining the evidence. However, certain expert witnesses can become risky for your case if they're biased or have ties to the defendants' businesses. Your lawyer can conduct a background check on the expert witness in order to identify any potential risks. Your lawyer will interview you, as well as any other eyewitnesses who saw the accident before it happened. You should be aware that the insurance companies of the defendants will attempt to convince you to acknowledge your responsibility or provide statements that they can twist and deform to weaken your case. Litigation As with all drivers truck drivers also have a obligation to observe traffic rules and to exercise reasonable care when they travel. If they do not comply and their carelessness causes an accident, they could be held accountable for the injuries that the victims are liable for. To show the defendant's negligence our attorney will gather a range of evidence from eyewitnesses who witnessed the crash and give written or oral evidence about how the crash occurred. Our team will also look at an array of other evidence, such as skid marks and points of impact, as well as conduct crash tests. Sometimes, the reason for an accident involving a truck is complex and involves multiple parties. For instance, if the truck accident was caused by defective equipment or poor maintenance, we might be able to sue the makers of that equipment or the trucks themselves. We could also sue the repair shop or mechanic accountable for the repairs. We will attempt to resolve your case out of court, however should the trucking company or its insurance company refuses to accept an equitable settlement offer, we will prepare for trial. During a trial the judge or jury will decide on disputed issues such as who was responsible and what amount of compensation you are entitled to. The legal damages you receive will be calculated according to the total of your losses, which include physical, financial, and emotional pain. Statute of limitations Although the legal process following a crash with a truck can be complex, understanding the way these cases are handled can help you prepare for what's to come and give you a better idea of how long your case will take. One of the most crucial actions is to establish the responsibility. If a truck driver was drowsy or distracted, for example, it is likely they'll be held accountable for the damages. However, there could be other parties accountable as well. For instance, if the crash occurred due to poor repairs, for instance, a mechanic who completed the work or a business that made the truck or its parts could be held responsible under the legal theory of respondeat superior. It's also possible the liable party may have committed a more serious reckless act that might entitle you to punitive damages. To establish this, we have to prove that the responsible party acted in reckless disregard for your safety or the safety of others. It is important to work with an attorney who understands the complexities involved in truck accidents. Insurance companies and at-fault parties' attorneys are frequently sheep in sheep's clothes and will attempt to obtain statements from you that they may use against you later. You can stay clear of these pitfalls by hiring an attorney to manage your communications.