The Process of a Truck Accident Lawsuit
Many accidents involving trucks cause serious and lifelong injuries. These accidents can cause massive medical expenses, loss of income and psychological damages.
Your attorney will issue an Summons and Complaint to all parties liable. The process could last for several years. Your lawyer can assist you determine if any shared responsibility has been properly assessed and allocated.
Investigations
A truck accident could be more serious than an auto crash. A truck accident could result in life-changing effects. The impact is more complex due to its weight and size. These accidents also require more intricate investigation.
As a result, insurance companies and trucking companies often conduct investigations following a crash to protect their interests. The issue is that the injured are left to deal with their injuries and aren't in a position to gather evidence. This leaves them at a disadvantage compared to the insurance company and trucking companies.
A lawyer for truck accidents who is skilled will look for evidence from a variety of sources, including police reports, witness testimony and vehicle inspections. A lawyer who is experienced does not rely on the reports of police officers alone as they can be not sufficient for civil litigation. Police officers may not be equipped to conduct an investigation properly and may not gather all the evidence required for an action.
Other types of information may include logbook and maintenance records and service records from the truck. Data from the device for recording events (also known as the black box) is also available. An experienced attorney will seek these and other forms of evidence from the truck driver as well as the trucking firm, and then thoroughly analyze them to determine the cause of the accident.
Expert Witnesses
A expert witness from a truck accident can aid your attorney in proving different elements of the case. Medical experts, for example, can prove to your attorney that the accident resulted in your injuries. Your expert can also testify on how your injuries will affect your quality of life in the future. Expert witnesses can also help your lawyer determine the worth of your injuries, which includes lost income and loss of earning capacity in the future.
Your expert can review the physical evidence and explain how your injury will affect your future. Medical experts can, for instance, explain how the accident could impact your physical and mental health. Another kind of expert is a metallurgist, who can identify the reason a part of a vehicle failed. There are experts who can determine whether the weather played a part in the crash.
The primary function of your expert is to examine the evidence and give an impartial opinion. Some expert witnesses may be a liability for your case when their opinions are biased or if they have ties to the defendants. Your lawyer can conduct a background check on the expert witness to identify any risks that could be present.
Your attorney will interview you, as well as any other eyewitnesses who witnessed the accident prior to it taking place. It is important to keep in mind that the defendants' insurance firms will try to get you to admit guilt or make statements that they can twist and deceive to undermine your claim.
Litigation
Like all drivers truck drivers also have a obligation to follow traffic laws and take reasonable care when they travel. If they do not follow the rules and their negligence leads to an accident, they could be held liable for the damage that the victims are left with.
To prove the defendant's negligence, our lawyer will gather array of evidence from witnesses who witnessed the crash and provide oral or written evidence of the manner in which the collision took place. Our team will also review other evidence, such as 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 crash was caused by defective equipment or maintenance that was not done properly, we could sue the manufacturer or the truck. We might also sue the mechanic or repair shop accountable for the repairs.
We will attempt to resolve your case outside of court, however should the trucking company or its insurance company is unwilling to make an equitable settlement offer then we will prepare for trial. During the trial the judge or jury will decide on issues that are disputed, like who was responsible for the crash and what amount of compensation you are entitled to be awarded. The amount of your legal damages will be determined based on the losses you have documented, which include financial, physical and emotional pain.
Statute of Limitations
Understanding how these cases typically take place can help you prepare for what is to come and provide you with an idea of how long it will take to resolve your case.
One of the most important steps is to establish the liability. If a truck driver was drowsy or distracted, for example it is likely that they'll be held accountable for your damages. However, there could be other parties who are accountable as well. If the crash was the result of poor repairs, then a mechanic or company that manufactured the truck or its components could be held liable according to the legal theory of respondeat superior.
It's also possible that liable party was guilty of a more serious act of recklessness, which could be grounds for you to receive punitive damages. To prove wisconsin truck accident lawyer , we need to prove that the liable party acted in reckless disregard for your safety or that of others.
It is essential to work with an attorney who is knowledgeable with the complexities of truck accident cases. Insurance companies and the attorneys of the at-fault parties are often as wolves in sheep's clothes and will try to obtain information from you that they could use against you later. By having an attorney handle all communications, you will avoid these traps.