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The Process of a Truck Accident Lawsuit Many truck accidents leave victims with lifelong and severe injuries. These accidents can result in significant medical costs, lost income, and psychological damage. Your attorney will prepare a Summons and Complaint against all parties liable. This process could take many years. Since New York uses comparative fault rules, your lawyer can ensure that any shared responsibility is appropriately determined and assigned to defendants. Investigations When someone is injured in a truck accident, there is a lot more at stake than in an auto collision. The consequences of a truck crash can be life-altering and the impact is more complicated due to the weight and size of a commercial truck. These accidents also require more sophisticated investigation. As a result, trucking companies and insurance providers typically conduct their own investigation immediately following an accident to safeguard their interests. The victims are left to deal only with their injuries, and they are unable to collect evidence. This puts them at a disadvantage when compared to the insurance provider and trucking companies. A skilled attorney for truck accidents can find evidence from a variety of sources such as police reports, witness statements and vehicle inspections. A lawyer who is experienced does not rely on the reports of police officers alone since they are typically insufficient for civil litigation. Police officers aren't properly trained to conduct an appropriate investigation and may not be able to gather all the evidence needed to support the filing of a lawsuit. Other types of data include logbook entries, maintenance and service records for the truck and other equipment, data from the event data recorder (also called a black box) and many more. A competent attorney will demand these as well as other types of evidence from the truck driver and trucking company and then carefully analyze them to determine what caused the accident. Expert Witnesses An expert witness can assist your lawyer prove the various elements of your truck accident case. For example an expert in medicine can provide evidence that the crash resulted in your injuries. Experts can also testify on how your injuries will affect your quality of life in the future. Expert witnesses can assist your lawyer assess the damages like lost income and future earning capacity. Experts can review physical evidence and explain the impact of your injury on your future. For instance, a medical expert can explain how your accident will impact you in terms of physical and mental health. Another type of expert is a metallurgist that can analyze why a vehicle part failed. There are experts who can determine whether the weather was a factor in the crash. The role of an expert witness is to provide an unbiased and objective opinion after examining the evidence. However, some expert witnesses can become risky for your case if they're biased or have ties to the defendants' businesses. Your attorney can perform an investigation of the background of the expert witness in order to identify any risks. Aside from experts, your lawyer will also speak with you and witnesses, including witnesses who witnessed the accident taking place before it occurred. It is important to keep in mind that the insurance companies of the defendants will try to get you to acknowledge fault or to make claims they can twist or distort to deny your claim. Litigation Truck drivers must also adhere to traffic laws and use reasonable care when driving. If they fail to do so and their negligence causes an accident, they could be held responsible for the damages caused by the accident the victims are left with. To establish the defendant's negligence, our lawyer will gather a number of eyewitnesses who witnessed the crash and provide written or oral testimony about the circumstances of the collision. Our team will also study other evidence, including 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 improper maintenance, we could sue the manufacturers or the trucks. We might also sue the mechanic who made the repairs or the repair shop. We will attempt to resolve your dispute out of court, however if the trucking company or its insurance company refuses to accept a fair settlement offer then we will prepare for trial. During the trial, a judge or jury will decide on the merits of the dispute such as who was responsible for the crash and what amount of compensation you must be awarded. Your legal damages will be calculated according to the total of your losses. This includes financial, physical, and emotional suffering. Statute of Limitations While navigating the legal process after a truck accident can be complex, understanding the typical procedure for these cases can help you plan for what's to come and give you a better idea of how long your case could take. The process of establishing liability is among the most important steps. It is likely that a trucker who was drowsy, distracted, or otherwise impaired will be held accountable for the damages you have suffered. However, there might be other parties accountable as well. If overland park truck wreck lawyer was the result of poor repair such as a mechanic or company that manufactured the truck or its components could be held accountable in the context of the law governing respondeat superior. It's also possible that person who is responsible committed a more severe reckless act, which could result in punitive damages. To do this, we must prove that they behaved in a reckless and reckless manner with a disregard for your safety and the safety of others. It is crucial to choose an attorney who is familiar with the complexities involved in truck accident cases. Insurance firms and attorneys for the at-fault parties are often the wolves in sheepskins who try to force you to give statements which they later use against you. You can stay clear of these pitfalls by hiring an attorney to manage your communications.