Don't Buy Into These "Trends" About Truck Accident Attorneys
The Process of a Truck Accident Lawsuit
Truck accidents can result in severe and permanent injuries. They can result in substantial medical expenses, lost wages and psychological damages.
Your attorney will issue an Summons & Complaint to the parties who are liable. The process can take a few years. Your lawyer can help determine whether the shared responsibility has been properly assessed and allocated.
Investigations
A truck accident could be more serious than an auto crash. The effects of a crash involving a truck can be life-altering and the resulting damage is more complex due to the weight and size of commercial trucks. These accidents also require more complex investigation.
To protect their interests the trucking companies and insurance companies often investigate immediately following an accident. The victims are left to deal with their injuries, and they are not able to gather evidence. This puts them at a disadvantage comparison to the trucking company or insurance companies.
A skilled truck accident lawyer will seek evidence from various sources such as police reports, witness statements and vehicle inspections. A skilled lawyer should not just rely on police reports however, since these reports are often inadequate for civil litigation purposes. Police officers aren't taught to conduct a proper investigation and could fail to gather all the evidence required to file a lawsuit.
Other kinds of records include logbook data, maintenance and service records for the truck and other equipment, data from the event data recorder (also known as a black box), and more. An experienced attorney will ask both the driver of the truck and trucking company for these and other kinds of evidence, and then examine them to determine the cause of the accident.
Expert Witnesses
A expert witness in a truck accident can assist your attorney in proving different aspects of the case. A medical expert for instance, can provide proof to your lawyer that the crash caused your injuries. Your expert may also testify about how your injuries could affect your life-style and quality of living. Expert witnesses can assist your lawyer determine your damages which include lost income and your future earning capacity.
A medical professional can analyze the physical evidence and explain how your injuries will impact your future. An expert in medicine can, for instance, explain how your accident might 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 played a part in the crash.
Your expert's job is to provide an unbiased and objective opinion after examining the evidence. Certain expert witnesses could be a liability in your case in the event that their opinions are biased or they have ties with the defendants. kent truck accident law firm can conduct a background check to identify these risks and make sure that you have the best experts on your side.
Alongside expert witnesses, your lawyer will also interview you as well as other eyewitnesses, such as people who saw the accident taking place before it occurred. It is important to note that the defendants' insurance firms will try to get you to admit fault or make statements that they can twist and alter to deny your claim.
Litigation
Like any other driver truck drivers also have a duty to obey traffic laws and to use reasonable care while driving. If they do not follow the rules and their carelessness causes an accident, they could be held responsible for the injuries that the victims are liable for.
To show the defendant's negligence our attorney will gather a number of eyewitnesses who witnessed the crash and provide written or oral testimony about how the collision occurred. Our team will also examine other evidence, including skidmarks as well as points of impact. We will also conduct crash testing.
Sometimes, the reason for an accident on the road is complicated with multiple parties. If the truck crash was caused by defective equipment or improper maintenance, we could sue the manufacturer or the trucks. We could also sue the mechanic or repair shop who performed the repairs.
We will try to resolve your dispute outside of court. However, if the trucking company or its insurer does not agree to an equitable settlement and we are unable to reach a fair settlement, we will go to trial. During the trial the judge or jury will decide on issues that are disputed like who was the culprit and what compensation you should receive. Your legal damages will be determined based on the total of your losses, including financial, physical, and emotional pain.
Statute of Limitations
Understanding how these cases usually go about their business can help you prepare for what lies ahead and provide you with an idea of the time it might take to settle your case.
One of the most crucial steps is to establish the liability. If the truck driver was tired or distracted, for example, it is likely they'll be held accountable for the damages. There may be other parties as well. If the crash was the result of poor repair and/or a mechanic, then the company that manufactured the truck or its components could be held responsible according to the legal theory of respondeat superior.
It's also possible that person who is responsible committed a more severe act of recklessness, which might entitle you to punitive damages. To determine this, we must prove that they acted in a reckless, impulsive manner, with no regard for your safety and that of others.
It is essential to work with an attorney who understands the complexities of truck accidents. Insurance companies and attorneys for the at-fault party are usually wolves in sheepskins and will attempt to convince you to give statements that they can later use against you. By having an attorney handle all communications, you'll stay clear of these traps.