The Process of a Truck Accident Lawsuit
Many truck accidents leave victims with serious and lifelong injuries. These accidents can lead to significant medical costs, lost income and psychological damages.
Your attorney will issue a Summons and Complaint to the parties who are liable. The process can take a few years. Your lawyer can help determine if any shared responsibility has been properly assessed and allocated.
Investigations
A truck crash could be more serious than a car accident. A truck accident can have devastating consequences for the person. The impact is more complex due to its size and weight. These accidents also require more complex investigations.
To protect their interests the trucking companies and insurance companies often investigate immediately following an accident. The victims are left to deal with their injuries, and they are not able to gather evidence. This puts them at a disadvantage in comparison to the trucking company and insurance company.
A skilled attorney for truck accidents knows to look for evidence from various sources such as police reports, witness statements and inspections of vehicles. A knowledgeable lawyer will not just rely on police reports however, because these documents are usually not sufficient for civil litigation purposes. Police officers aren't always trained to conduct an investigation properly and might not gather all the evidence required to support a lawsuit.
Other types of information might include logbook records and maintenance and service records from the truck. The data from the device for recording events (also known by the name 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 firm, and then thoroughly analyze them to determine what caused the accident.
Expert Witnesses
An expert witness can aid your lawyer to prove different elements of your truck accident case. Medical experts could, for instance, provide proof to your lawyer that the crash caused your injuries. Experts can be able to testify on the impact your injuries will have on your quality of life in the future. Expert witnesses can help your lawyer calculate the value of your injuries, which includes lost income and loss of earning capacity in the future.
Experts can review physical evidence and discuss the consequences of your injury on your future. For instance, a medical expert can show how your accident can impact you in terms of physical and mental well-being. A metallurgist, for instance, is another kind of expert who will analyze the reasons why a vehicle component failed. Experts can determine whether the weather was a factor in the crash.
A key role of your expert is to review the evidence and offer an objective and impartial opinion. Expert witnesses can be a liability for your case in the event that their opinions are biased or if they have ties to the defendants. Your attorney can use a background check to identify the risks and ensure that you have the top expert witnesses on your side.
Alongside expert witnesses, your attorney will also interview you and other eyewitnesses, such as witnesses who witnessed the accident taking place before it happened. Be aware that the insurance companies of the defendants will try to get your to acknowledge your responsibility or give statements that they can twist and change to make your case more difficult.
Litigation
Truck drivers are also required to follow traffic laws and drive with reasonable care. If they do not fulfill this obligation and their negligence leads to a crash, they could be held responsible for damage to the victims of that crash.
To prove the defendant's negligence, our lawyer will collect a variety of evidence from eyewitnesses who witnessed the crash and provide either oral or written testimony regarding the circumstances of the collision. Our team will also examine other evidence such as skidmarks as well as points of impact. We will also conduct crash testing.
Sometimes, the cause of a truck accident is complicated that involves multiple parties. For instance, if a truck accident was caused due to defective equipment or insufficient maintenance, we might be able to sue the makers of that equipment or the trucks themselves. We might also claim against the mechanic who did the repairs or the repair shop.
hillsboro truck accident law firm will attempt to resolve your case outside of court. If, however, the trucking company or its insurer does not agree to an equitable settlement then we will prepare to go to trial. During the trial, a judge or jury will decide on the merits of the dispute such as who was responsible for the accident and the amount of compensation you must receive. Your legal damages will be determined according to the total of your losses, including financial, physical, and emotional pain.
Statute of limitations
Although navigating the legal system following a crash with a truck can be complicated, understanding the typical procedure for these cases will help you anticipate what's to come and give you a better idea of the length of time your case might take.
One of the most crucial steps is to establish the responsibility. It is probable that a driver who was drowsy or distracted or impaired will be held accountable for the damage you suffered. There may be other parties that are as well. For instance, if the accident resulted from poor repairs for instance, a mechanic who completed the work or a business that manufactured the truck or its components could be held accountable in the legal concept of respondeat superior.
You may also be entitled to punitive damages if the responsible party acted with recklessness that was a lot more serious. To do this, we must prove that they behaved in a reckless and reckless manner that was reckless and in disregard for your safety and the safety of others.
It is vital to hire an attorney who is familiar with the complexities of truck accident cases. Insurance companies and lawyers for the at-fault party are often sheepskin wolves and will try to force you to give statements that they can later use against you. If you hire an attorney to handle all communications, it is possible to avoid these pitfalls.