The Process of a Truck Accident Lawsuit
Many accidents involving trucks cause serious and lifelong injuries. These can result in significant medical costs, lost wages and psychological damages.
Your attorney will issue a Summons & Complaint to all parties that are responsible. This process could take many years. Your lawyer can assist you determine whether any shared responsibility has been properly assessed and allocated.
Investigations
A truck accident could be more serious than an auto collision. A truck accident can have life-altering consequences. The impact is also more complex because of the size and weight. These accidents also require more sophisticated investigations.
To protect their interests the trucking companies and insurance companies often conduct investigations right after the incident. The victims are left to deal only with their injuries and are not able to gather evidence. This puts them at a disadvantage comparison to the trucking company and insurance company.
A seasoned truck accident attorney can find evidence from various sources such as police reports, witness statements, and vehicle inspections. A seasoned lawyer won't rely solely on police reports, however, because these documents are usually not sufficient for civil litigation. Police officers might not be trained to conduct an inquiry properly and might not gather all the evidence required for an action.
Other kinds of data could include logbook and maintenance records and service records from the truck. The data from the event data recording device (also known by the name black box) is also available. A competent attorney will ask both the driver of the truck and trucking company for these and other kinds of evidence, and then look over them to determine reason for the accident.
Expert Witnesses
A expert witness for a truck accident could aid your attorney in proving different aspects of the case. For instance, a medical expert can give your lawyer proof that the crash resulted in your injuries. Your expert may also testify as to how your injuries could affect your life-style and quality of living. Expert witnesses can also assist your lawyer determine the worth of your injuries, which includes lost income and loss of future earning capacity.
A medical professional can analyze the physical evidence and explain how your injuries will impact your future. A medical expert is a good example. They can explain how your accident may affect your physical and mental health. Another kind of expert is a metallurgist, who can examine the reasons why a part of a car failed. Experts can determine if the weather was a factor in the crash.
The primary role of your expert is to examine the evidence and provide an objective opinion. Some expert witnesses may be a liability in your case in the event that their opinions are biased or they are associated with the defendants. Your attorney can perform an investigation of the background of the expert witness to determine any potential risks.
san bernardino truck accident attorney will interview you, along with witnesses who were present at the incident before it occurred. It is important to remember that the defendants' insurance companies will try to convince you to admit guilt or to make claims they can twist or distort to weaken your claim.
Litigation
Truck drivers are also required to follow traffic laws and operate with reasonable care. If they fail to fulfill this duty and their carelessness causes an accident, they could be held liable for the damages caused by the accident to the victims of the collision.
Our lawyer will obtain evidence from eyewitnesses, and get written or oral testimony to prove 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 can be complex and involves multiple parties. For instance, if a truck accident was caused due to defective equipment or insufficient maintenance, we may be able to sue the makers of that equipment or the trucks themselves. We could also sue the mechanic or repair shop responsible for the repairs.
We will endeavor to resolve your case out of court, however if the trucking company or its insurance company is unwilling to make an appropriate settlement offer then we will prepare for trial. In a trial the judge or jury will decide on the dispute like who was at fault and how much compensation you should get. The amount of your legal damages will be determined based on your documented losses that include financial, physical and emotional pain.
Statute of limitations
Knowing how these cases typically proceed can help prepare you for what is to come and give you an idea of how long it could take to resolve your case.
Finding out who is responsible is one of the most important steps. It is possible that a trucker who was drowsy or distracted or impaired will be held responsible for the damages you suffered. However, there may be other parties also liable. If the accident was the result of poor repairs such as a mechanic or company that manufactured the truck or its components could be held responsible according to the legal theory of respondeat superior.
It's also possible that the accountable party did a greater risky act, which could be grounds for you to receive punitive damages. In order to prove this, you must prove that they acted in a willful and wanton manner, with no regard for your safety and that of others.
It is crucial to choose an attorney who is knowledgeable with the complexities involved in truck accident cases. Insurance companies and attorneys of the at-fault parties are frequently as wolves in sheep's clothes and will try to collect statements from you that they could use against you later. By having an attorney manage all communications, you'll avoid these pitfalls.