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The Process of a Truck Accident Lawsuit Accidents with trucks can cause severe and permanent injuries. These accidents can lead to significant medical expenses, lost income and psychological damages. Your attorney will issue a Summons & Complaint to the parties who are liable. This process can take several years. Your lawyer can help determine whether any shared responsibility been properly assessed and allocated. Investigations If someone is injured in a truck crash, there is a lot more at stake than in an auto crash. The consequences of a collision with a truck can be devastating and the impact can be more complicated due to the weight and size of commercial trucks. These accidents also require more intricate investigations. Due to this, trucking companies and insurance providers often conduct investigation immediately following a crash to protect their interests. The issue is that the victims are left to manage their injuries and are not being able to gather evidence. This puts them at a disadvantage comparison to the trucking company and insurance companies. A skilled attorney for truck accidents can find evidence from numerous sources that include police reports, witness statements and vehicle inspections. A seasoned attorney will not depend solely on police reports however, as these documents are typically not adequate for civil litigation purposes. Police officers aren't trained to conduct a proper investigation and could fail to gather all the evidence needed to support the filing of a lawsuit. Other types of information may include logbook entries and maintenance and service records from the truck. Data from the event data recording device (also known by the name black box) is also available. fishers truck accident attorney will request the truck driver and the trucking company for these types and other types of evidence, and then analyse them to determine the causes of the accident. Expert Witnesses A truck accident expert witness can help your attorney prove different aspects of the case. For example an expert in medical science can prove to your lawyer that the crash caused your injuries. Your expert can also testify about how your injuries will impact your quality of life in the future. Expert witnesses can help your lawyer determine your damages like lost income and future earning capacity. An expert can look over the physical evidence and explain how your injury will impact your future. A medical professional can, for instance, explain how the accident could affect your mental and physical health. Another type of expert is a metallurgist who will analyze why a vehicle part failed. Experts can determine if weather was a factor in the crash. Your expert's responsibility is to provide an unbiased and objective opinion after having examined the evidence. However, certain expert witnesses can become risky for your case if they're biased or have ties to the defendant's companies. Your attorney can conduct an investigation into their background to determine the risks and ensure that you have the top expert witnesses available. Alongside expert witnesses, your lawyer will also interview you as well as other eyewitnesses. This includes people who saw the crash occurring before it happened. You should be aware that the insurance companies of the defendants will try to get your to admit fault or give statements that they can twist and deform to make your case more difficult. Litigation As with all drivers, truck drivers have a obligation to observe traffic laws and to exercise reasonable care on the road. If they fail to comply with these rules and their carelessness causes a crash, they could be held responsible for the damages caused by the accident the victims are left with. To show the defendant's negligence our lawyer will gather variety of evidence from eyewitnesses who witnessed the crash and give written or oral evidence about how the collision occurred. Our team will also review other evidence, such as skidmarks as well as points of impact. We will also conduct crash testing. Sometimes the cause of the truck crash is complex with multiple parties. If the truck accident was caused by defective equipment, or improper maintenance, then we could sue the producers or the trucks. We could also sue the repair shop or mechanic who performed the repairs. We will endeavor to resolve your case out of court, however if the trucking company or its insurer is unable to make a fair settlement offer then we will prepare for trial. In a trial where a judge or jury will decide on issues that are disputed such as who is at fault and how much compensation you should get. The amount of your legal damages will be determined based on your documented losses that comprise financial, physical and emotional pain. Statute of limitations While the legal process following a truck accident may be confusing, knowing how these cases usually go can help you prepare for the future and provide you with a better understanding of the length of time your case may take. Finding out who is responsible 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 have suffered. However, there could be other parties accountable as well. For instance, if the crash resulted from poor repairs for instance, a mechanic who completed the work or a business that made the truck or its components could be held responsible under the legal theory of respondeat superior. You could also be entitled to damages for punitive harm if the accountable person committed an act of recklessness that was a lot more serious. To determine this, we must prove that they behaved in a reckless, impulsive manner, with no regard for your safety and the safety of others. It is crucial to choose an attorney who is knowledgeable with the complexities involved in truck accident cases. Insurance companies and attorneys for the at-fault parties are often sheepskin wolves and will try to force you to make statements which they later use against you. You can avoid these pitfalls by hiring an attorney to handle your communications.