The Process of a Truck Accident Lawsuit
Many truck accidents leave victims with serious and lifelong injuries. These can result in significant medical costs, lost wages and psychological damage.
Your attorney will issue a Summons and Complaint to all parties that are responsible. The process can take a few years. Your lawyer can assist you determine whether any shared responsibility has been properly assessed and allocated.
Investigations
A truck crash can be more serious than an auto accident. A truck accident could have life-changing consequences. The consequences are more complex because of the size and weight. These accidents also require more complex investigation.
Because of this, trucking companies and insurance providers frequently conduct their own investigation immediately following an accident to protect their interests. The victims are left to deal only with their injuries and are unable to collect evidence. This puts them at a disadvantage compared to the insurance provider and trucking company.
A seasoned attorney for truck accidents will seek evidence from many sources that include police reports, witness statements, and inspections of vehicles. A seasoned attorney will not rely solely on police reports, however, as these reports are usually not sufficient for civil litigation. Police officers aren't trained to conduct a proper investigation and may not gather all the evidence required to file a lawsuit.
Other kinds of information could include logbook and maintenance records and service records from the truck. Data from the device for recording events (also known as a black box) is also available. houston truck accident lawyer will request these as well as other types of evidence from the truck driver and trucking company, and then analyze them to determine what caused the accident.
Expert Witnesses
A expert witness from a truck accident can assist your attorney in proving different aspects of the case. A medical professional could, for instance, give evidence to your lawyer that the accident caused your injuries. Your expert can also testify on how your injuries will impact your quality of life in the future. Expert witnesses can also assist your lawyer determine the worth of your injuries, which includes lost income and loss of earning capacity in the future.
Your doctor can look over physical evidence and explain the impact of your injury on your future. For example, a medical expert can explain how your accident can affect you in terms of physical and mental health. Another kind of expert is a metallurgist who will determine the reason why a component of a vehicle failed. Experts can determine whether the weather was the cause of the crash.
The role of an expert witness is to offer an honest and objective opinion after examining the evidence. Expert witnesses can be a liability to your case if their opinions are biased or if they have ties to the defendants. Your attorney can use a background check to identify these risks and ensure that you have the most qualified expert witnesses on your side.
Aside from expert witnesses, your attorney will also question you and other eyewitnesses. This includes people who saw the crash occurring before it occurred. It is important to keep in mind that the insurance companies of defendants will attempt to force you to admit fault or to make statements they can twist and deceive to diminish your case.
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, then they could be held liable for the damage that victims are liable for.
Our lawyer will gather evidence from eyewitnesses and seek oral or written testimony to prove the defendant was negligent. Our team will also look at other evidence, including skidmarks and points of impact. They will also conduct crash testing.
Sometimes, the cause of an accident involving a truck is complex that involves multiple parties. If the accident was caused by defective equipment, or maintenance that was not done properly, we can sue the makers or the truck. We could also bring a lawsuit against the mechanic that performed the repairs or the repair shop.
We will attempt to settle your case outside of the courtroom. However, if the trucking company or its insurer is unwilling to accept an equitable settlement or offer, we'll prepare to go to trial. During the trial in court, a jury or judge will decide on any disputed issues like who was at fault for the crash and the amount of compensation you must be awarded. Your legal damages will be calculated in accordance with the totality of your losses, which include financial, physical and emotional suffering.
Statute of limitations
Understanding how these cases normally take place can help you prepare for what is to come and provide you with an idea of how long it will take to settle your case.
Finding out who is responsible is one of the most important steps. It is probable that a driver who was drowsy or distracted or impaired will be held responsible for the damages you suffered. There may be other parties also liable. For instance, if the accident occurred due to poor repairs such as a mechanic who did the work or a business which made the truck or its components could be held accountable in the legal concept of respondeat superior.
It's also possible the responsible party has did a greater act of recklessness, which could result in punitive damages. To be able to prove this, you need to prove that the responsible party acted in reckless disregard for your safety or that of others.
It is important to work with an attorney who is familiar with the complexities of truck accidents. Insurance companies and the at-fault parties' attorneys are often wolves in sheep's clothing and will try to get statements from you that they could use against you later. You can stay clear of these pitfalls by hiring an attorney to handle your communications.