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The Process of a Truck Accident Lawsuit Accidents with trucks can cause severe and permanent injuries. These accidents can result in significant medical expenses, lost income and psychological traumas. Your attorney will prepare an Summons and Complaint to all the parties responsible. This process could take several years. Because New York uses comparative fault rules, your lawyer can ensure that any shared liability is properly defined and allocated to defendants. Investigations When someone is injured in a truck crash there is much more at stake than in an auto collision. federal way truck accident lawsuit could result in life-changing effects. The impact is also more complex due to its weight and size. These accidents also require more intricate investigation. To protect their interests, trucking companies or insurance providers will often conduct their investigations as soon as they are aware of the incident. The victims are left to deal only with their injuries, and they are not able to gather evidence. This puts them at a disadvantage comparison to the trucking company and insurance provider. A truck accident lawyer with experience will search for evidence in various sources, including witness testimony, police reports, and inspections of vehicles. A lawyer who is knowledgeable cannot rely solely on only police reports, as they are often not sufficient for civil litigation. Police officers might not be equipped to conduct an investigation properly and they may not be able to gather all the evidence needed to file the court case. Other types of data include logbook records maintenance and service records for the truck as well as data from the event data recorder (also called a black box) and more. A competent attorney will ask the driver of the truck as well as the trucking company for these and other kinds of evidence and then carefully analyze them to determine the reason for the accident. Expert Witnesses An expert witness can aid your lawyer establish the various aspects of your truck accident case. For instance an expert in medical science can prove to your lawyer that the crash caused your injuries. Experts can also testify about the impact your injuries will have on your future quality-of-life. Expert witnesses can assist your lawyer determine your damages like lost income and your future earning capacity. Experts can review physical evidence and explain the impact of your injury on your future. For instance medical experts will explain how the accident will impact you in terms of mental and physical well-being. Another type 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 was the cause of the crash. The role of an expert witness is to provide an impartial and objective view after analyzing the evidence. However, certain expert witnesses can become a liability risk for your case if they are biased or have connections to the defendant's companies. Your lawyer can conduct an investigation into the background of the expert witness to identify any risks. Apart from expert witnesses, your attorney will also interview you and witnesses, including witnesses who witnessed the accident taking place before it happened. You should be aware that the insurance companies of the defendants will attempt to convince you to admit fault or provide statements that they can twist and alter to weaken your case. Litigation Like any other driver truck drivers also have a obligation to observe traffic laws and to use reasonable care when driving. If they fail in this obligation and their carelessness causes an accident, they could be held responsible for accident damages suffered by the victims of that crash. Our lawyer will collect evidence from eyewitnesses, and get oral or written testimony to prove the defendant was negligent. Our team will also review a wide range of other evidence, like skid marks and points of impact, and will conduct crash tests. Sometimes, the cause of an accident involving a truck is complex and involves multiple parties. For instance, if the truck accident was caused by defective equipment or inadequate maintenance, we may be able to sue the makers of that equipment or the trucks themselves. 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 insurer is unable to make an equitable settlement offer, we will prepare for trial. During the trial the judge or jury will rule on disputed issues such as who was responsible for the crash and what amount of compensation you are entitled to be awarded. Your legal damages will be determined by the sum of your losses, which includes physical, financial, and emotional suffering. Statute of Limitations While the legal process following a truck crash can be complicated, understanding how these cases typically proceed can help you plan for what's ahead and provide you with a better understanding of how long your case will take. Finding out who is responsible is one of the most important steps. It is possible that a trucker who was drowsy, distracted, or otherwise impaired will be held accountable for the harm you suffered. There could be other parties as well. If the accident was caused by faulty repairs such as a mechanic or company that made the truck or its components could be held liable according to the legal theory of respondeat superior. You may also be entitled to punitive damages if the responsible party acted with recklessness that was more acrimonious. To be able to prove this, we must to prove that the responsible party acted with reckless disregard to your safety, or that of others. It's essential to find an attorney who is familiar with the complexities involved in truck accidents. Insurance companies and attorneys for at-fault party can be seen as the wolves in sheepskins who try to force you to make statements that they later use against you. You can steer clear of these pitfalls by hiring an attorney to handle your communications.