The Process of a Truck Accident Lawsuit
Accidents with trucks can cause severe and permanent injuries. These can lead to significant medical costs as well as psychological damage.
Your attorney will file an Summons and Complaint to all the parties responsible. The process could last for several years. Your lawyer can help determine if any shared responsibility has been properly assessed and assigned.
Investigations
When someone is injured in a truck crash there is much more at stake than in an auto collision. The consequences of a truck accident can be life-changing and the impact is far more complicated due to the weight and size of commercial trucks. These accidents also involve more complicated investigation.
Due to this, insurance companies and trucking firms typically conduct their own investigations following the incident to protect their interests. The problem is that victims are left to deal with their injuries, and aren't in a position to gather evidence. This leaves them in a position of disadvantage compared to the insurance company and trucking companies.
A seasoned truck accident attorney will seek evidence from many sources that include police reports, witness statements, and vehicle inspections. A lawyer with experience will not rely on the reports of police officers alone, as they are often insufficient for civil litigation. Police officers might not be trained to conduct an inquiry correctly and may not collect all the evidence required for the court case.
Other types 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 the driver of the truck as well as the trucking company for these types and other types of evidence and then carefully analyze them to determine the cause of the accident.
Expert Witnesses
An expert witness can aid your lawyer establish the various aspects of your truck accident case. A medical professional for instance, can prove to your lawyer that the accident led to your injuries. Your expert can be able to testify on how your injuries could affect your future quality of life. Expert witnesses can assist your lawyer determine your damages which include lost income and future earning capacity.
A medical professional can analyze the physical evidence and explain the impact of your injury on your future. Medical experts is a good example. They can explain how your accident might affect your physical and mental health. Another type of expert is a metallurgist that can identify the reason a part of a vehicle 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 provide an unbiased and objective view after analyzing the evidence. Some experts could be a liability for your case if their opinions are biased or they have connections to the defendants. Your attorney can use a background check to find these risks and make sure that you have the most qualified expert witnesses on your side.
Your attorney will interview you, as well as any other eyewitnesses that witnessed the accident before it happened. It is crucial to remember that the insurance companies of defendants will attempt to force you to admit fault or to make claims they can twist and distort to undermine 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 carelessness causes a crash, they could be held accountable for the accident damages suffered by the victims of the crash.
To show the defendant's negligence our lawyer will gather a range of evidence from eyewitnesses who witnessed the crash and provide written or oral evidence about the circumstances of the collision. Our team will also review other evidence like skidmarks and points of impact, and conduct crash testing.
Sometimes, the cause of an accident involving a truck is complex and involves multiple parties. If the truck crash was caused by defective equipment or improper maintenance, we could sue the manufacturer or the truck. We might also sue the mechanic or repair shop responsible for performing the repairs.
We will attempt to resolve your dispute out of court, but should the trucking company or its insurance company refuses to accept an acceptable settlement offer then we will prepare for trial. During the trial the judge or jury will decide on issues that are disputed, such as who was at fault for the crash and the amount of compensation you are entitled to be awarded. The legal damages you receive will be determined based on the total of your losses, including financial, physical and emotional suffering.
Statute of limitations
While the legal process following a truck crash can be complicated, understanding the typical procedure for these cases will help you understand what is ahead and give you a better idea 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 accountable for the harm you suffered. However, there could be other parties who are also liable. For instance, if the crash was caused by poor repairs, for instance, a mechanic who completed the work or a company who made the truck or its parts could be held accountable in the legal concept of respondeat superior.
It's also possible the person who is responsible may have committed a more serious risky act, which might entitle you to punitive damages. To determine this, we must prove that they acted in a reckless and impulsive manner, with no regard for your safety and the safety of others.
olathe truck accident law firm is vital to hire a lawyer who is familiar with the complexities of truck accident cases. Insurance companies and lawyers for the at-fault party are usually sheepskin wolves and will try to force you to make statements that they can later use against you. You can steer clear of these pitfalls by hiring an attorney to manage your communications.