The Process of a Truck Accident Lawsuit
Many truck accidents result in victims suffering serious and lifelong injuries. These accidents can result in significant medical expenses, lost income, and psychological damage.
Your attorney will issue a Summons and Complaint to all the parties responsible. This process can take several years. Your lawyer can assist you determine whether any shared responsibility has been properly assessed and allocated.
Investigations
A truck crash can be more severe than an auto collision. A truck accident could result in life-changing consequences. The consequences are more complicated due to the weight and size. These accidents also involve more complicated investigation.
This is why insurance companies and trucking firms often conduct investigation immediately following the incident to protect their interests. The issue is that victims are left to deal with their injuries, and aren't in a position to gather evidence. baytown truck wreck lawyer puts them in a position of disadvantage compared to the insurance company and trucking companies.
A lawyer for truck accidents who is experienced will look for evidence in various sources, including witness testimony, police reports, and vehicle inspections. A lawyer who is well-informed will not rely on only police reports, as they are often not sufficient for civil litigation. Police officers aren't taught to conduct an effective investigation and might not gather all the evidence required to file a lawsuit.
Other types of information might include logbook records, maintenance and service records from the truck. The data from the event data recording device (also known as the black box) is also available. A competent attorney will request these as well as other types of evidence from the truck driver as well as the trucking company and carefully examine them to determine what caused the accident.
Expert Witnesses
A expert witness from a truck accident can aid your attorney in proving various elements of the case. An expert in medicine, for example, can provide proof to your lawyer that the crash caused your injuries. Your expert will also testify on how your injuries will impact your life in the future. Expert witnesses can help your lawyer calculate the amount of damages including lost income and future earning capacity.
Your expert can review the physical evidence and explain how your injury will impact your future. A medical expert can, for instance, explain how your accident might affect your physical and mental health. A metallurgist is another type of expert who will analyze the reasons why a vehicle component failed. There are also experts who can analyze how the weather may have contributed to the crash.
The role of an expert witness is to offer an honest and objective opinion after having examined the evidence. However, certain experts can be risky for your case if they're biased or have ties to the defendants' companies. Your lawyer can conduct a background check on the expert witness to determine any risks.
Your attorney will interview you, along with any other eyewitnesses who saw the accident prior to it taking place. You should be aware that the insurance companies of the defendants will try to convince you to admit guilt or make statements that they can twist or alter to make your case more difficult.
Litigation
Like all drivers, truck drivers have a obligation to follow traffic laws and take reasonable care when they travel. If they do not comply with this obligation and their negligence leads to a crash, they could be held accountable for the injuries incurred by the victims of that collision.
Our attorney will collect evidence from eyewitnesses and obtain written or oral evidence to prove that the defendant was negligent. Our team will also review other evidence, such as skidmarks as well as points of impact. We will also conduct crash testing.
Sometimes, the reason for a truck accident is complicated, involving multiple parties. For example, if the truck accident was caused by defective equipment or inadequate maintenance, we might seek to sue the producers of that equipment or the trucks themselves. We might also sue the mechanic who performed the repairs or the repair shop.
We will attempt to settle your case out of court, but if the trucking company or its insurer is unable to accept an appropriate settlement offer and we prepare for trial. During the trial the jury or judge will rule on disputed issues like who was at fault for the crash and what amount of compensation you should receive. The total of your legal damages will be determined based on your documented losses that include physical, financial and emotional suffering.
Statute of limitations
Understanding how these cases typically are handled can help you prepare for the future and provide you with an idea of how long it will take to resolve your case.
One of the most crucial actions is to establish the responsibility. If the truck driver was drunk or distracted, for instance, it is likely they'll be held accountable for the damages you suffered. There could be other parties that are equally responsible. 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 liable in the context of the law governing respondeat superior.
You may also be entitled to damages for punitive acts if the responsible person committed an act of recklessness that was more serious. In order to prove this, you must establish that they acted in a reckless, impulsive manner with a disregard for your safety and that of others.
It is essential to work with an attorney who is experienced with the complexities involved in truck accident cases. Insurance companies and attorneys for the at-fault party are usually sheepskins in wolves and will attempt to convince you to give statements that they later use against you. You can steer clear of these pitfalls by having an attorney manage your communications.