The Process of a Truck Accident Lawsuit
Truck accidents can result in severe and permanent injuries. They can cause significant medical expenses as well as psychological trauma.
Your lawyer will issue an Summons and Complaint to all parties that are responsible. The process can take a few years. Your lawyer can help you determine whether the shared responsibility has been properly assessed and assigned.
Investigations
A truck accident could be more serious than an auto accident. The consequences of a collision with a truck could be catastrophic and the impact can be more complex due to the weight and size of commercial trucks. These accidents also require more complex investigation.
This is why trucking companies and insurance providers often conduct their own investigations right after an accident to protect their interests. The issue is that the injured are left to deal with their injuries and are not able to collect evidence. This puts them at a disadvantage comparison to the trucking company and insurance company.
A truck accident lawyer who has experience will look for evidence in various sources, including police reports, witness testimony, and inspections of vehicles. A seasoned attorney will not just rely on police reports, however, since these reports are not always sufficient for civil litigation. Police officers aren't taught to conduct an effective investigation, and they may fail to gather all of the evidence needed to support the filing of a lawsuit.
Other types of information might 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. A skilled attorney will request these and other forms of evidence from the truck driver as well as the trucking company and then carefully analyze them to determine what caused the accident.
Expert Witnesses
An expert witness can help your lawyer establish the various aspects of your truck accident case. For example medical experts can provide evidence that the crash caused your injuries. Your expert can be able to testify on how your injuries will affect your future quality-of-life. Expert witnesses can also help your lawyer calculate the value of your damages, which could include lost income and loss of future earning capacity.
An expert can look over the physical evidence and explain how your injury will impact your future. For example medical experts can explain how your accident can affect you in terms of physical and mental 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 a factor in the crash.
Your expert's job is to give an impartial and objective opinion after examining the evidence. However, some expert witnesses could be a liability risk for your case if they're biased or have connections to the defendants' businesses. Your attorney can perform an investigation into the background of the expert witness to identify any potential risks.
In addition to expert witnesses, your lawyer will also question you and other eyewitnesses. This includes witnesses who witnessed the accident taking place before it occurred. Be aware that the insurance companies of the defendants will attempt to get your to admit your fault or provide statements that they can twist and deform to weaken your case.
Litigation
As with all drivers truck drivers also have a obligation to follow traffic laws and to take reasonable care while driving. If they do not comply and their negligence results in a crash, they could be held liable for the accident damages that the victims are liable for.
Our lawyer will gather evidence from eyewitnesses, and get written or oral testimony to prove that the defendant was negligent. Our team will also study other evidence, such as skidmarks and points of impact and conduct crash testing.
Sometimes, the reason for a truck accident is complicated that involves multiple parties. For instance, if the truck crash was caused by defective equipment or improper maintenance, we may bring a lawsuit against the manufacturer of the equipment or the trucks themselves. We could also sue the mechanic or repair shop responsible for performing the repairs.
We will attempt to resolve your dispute out of court, however in the event that the trucking company, or its insurance company refuses to accept an equitable settlement offer and we prepare for trial. In ohio truck accident lawsuit where a judge or jury will decide on disputed issues such as who was responsible and how much compensation you'll receive. Your legal damages will be determined according to the total of your losses, which include financial, physical and emotional pain.
Statute of Limitations
While navigating the legal process after a truck accident can be complex, understanding the way these cases are handled can help you prepare for what's to come and give you a better sense of the length of time your case may take.
The process of establishing liability is among the most crucial steps. If the truck driver was tired or distracted, for instance it is likely that they will be held responsible for the damages you suffered. There could be other parties also liable. If the accident was the result of poor repairs, then a mechanic or company that made the truck or its components could be held liable under the legal theory of respondeat superior.
It is also possible that the accountable party committed a more severe reckless act that might entitle you to punitive damages. To determine this, we must establish that they acted in a reckless, impulsive way, and with a disregard for your safety and that of others.
It is essential to work with an attorney who understands the complexities of truck accidents. Insurance companies and attorneys for at-fault party can be seen as sheepskins in wolves and will attempt to convince you to give statements that they later use against you. If you have an attorney handling all communications, you can avoid these pitfalls.