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The Process of a Truck Accident Lawsuit Many accidents involving trucks cause lifelong and severe injuries. They can result in substantial medical costs, lost wages and psychological harm. Your lawyer will make an Summons and Complaint to all the parties responsible. The process could last for 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 A truck crash can be more serious than an auto crash. The consequences of a truck accident can be life-changing and the impact can be more complex due to the size and weight of commercial trucks. These accidents also require more intricate investigation. Due to this, insurance companies and trucking firms typically conduct their own investigations right after a crash to protect their interests. The issue is that the injured are left to take care of their injuries and aren't being able to gather evidence. This puts them in a position of disadvantage compared to the insurance provider and trucking company. A seasoned truck accident attorney is able to find evidence from many sources, including police reports, witness statements and inspections of vehicles. A skilled lawyer should not only rely on police reports however, as these documents are often inadequate for civil litigation purposes. Police officers may not be trained to conduct an investigation properly and might not gather all the evidence required for the court case. Other kinds of data could include logbook entries 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. An experienced attorney will ask the driver of the truck as well as the trucking company for these and other kinds of evidence and then carefully examine them to determine the causes of the accident. Expert Witnesses An expert witness can help your attorney prove various elements of your truck accident case. fullerton truck accident lawyer could, for instance, prove to your lawyer that the accident caused your injuries. Your expert can also testify about how your injuries will affect your life-style and quality of living. Expert witnesses can help your lawyer assess the damages, such as lost income and your future earning capacity. A medical professional can examine physical evidence and explain the impact of your injury on your future. An expert in medicine for instance, can explain how your accident might affect your mental and physical health. A metallurgist is a different kind of expert that can examine the causes behind why a component failed. Experts can determine if weather was the cause of the crash. Your expert's role is to offer an honest and objective opinion after examining the evidence. Some expert witnesses may be a liability for your case if their opinions are biased or they have ties with the defendants. Your attorney can perform an investigation into the background of the expert witness in order to identify any risks that could be present. Apart from expert witnesses, your attorney will also interview you as well as other eyewitnesses, such as witnesses who witnessed the crash taking place prior to when it happened. It is important to keep in mind that the defendants' insurance firms will try to convince you to admit fault or make statements they can twist and distort to deny your claim. Litigation Truck drivers are also required to obey traffic laws and drive with reasonable care. If they do not fulfill this duty and their negligence results in a crash, they could be held liable for the accident damages suffered by the victims of the collision. Our lawyer will gather evidence from eyewitnesses as well as written or oral evidence to prove that the defendant was negligent. Our team will also examine other evidence, including skidmarks and points of impact, and conduct crash testing. Sometimes, the reason for an accident involving a truck is complex and involves multiple parties. If the truck accident was caused by defective equipment, or improper maintenance, then we could sue the manufacturers or the trucks. We might also sue the mechanic or repair shop responsible for performing the repairs. We will attempt to resolve your case out of court, however if the trucking company or its insurer refuses to make an acceptable settlement offer then we will prepare for trial. During the trial in court, a jury or judge will decide on the merits of the dispute such as who was responsible for the accident and the amount of compensation you must receive. The total amount of your legal damages will be based on the losses you have documented, which include financial, physical, and emotional pain. Statute of limitations Understanding how these cases normally take place can help you prepare for what is to come and provide you with an idea of how long it could take to resolve your case. Finding out who is responsible is one of the most important steps. If a truck driver was drowsy or distracted, as an example it is likely that they will be held responsible for the damages you suffered. However, there might be other parties who are equally responsible. If the accident was the result of poor repairs or a mechanic, then a company that manufactured the truck or its components could be held responsible according to the legal theory of respondeat superior. You may also be entitled to damages for punitive if the guilty person committed an act of recklessness that was more severe. In order to prove this, you must prove that they behaved in a willful and wanton manner, with no regard for your safety as well as that of others. It is important to work with an attorney who understands the complexities involved in truck accidents. Insurance companies and the lawyers representing the parties at fault are frequently the wolves in sheep's clothing who will try to obtain information from you which they can use against you in the future. You can stay clear of these pitfalls by hiring an attorney to handle your communications.