The Process of a Truck Accident Lawsuit
Accidents involving trucks can cause serious and permanent injuries. These can lead to significant medical costs, lost wages and psychological damages.
Your lawyer will issue an Summons & Complaint to all parties that are responsible. This process could take many years. Your lawyer can assist you determine if any shared responsibility has been properly assessed and assigned.
Investigations
A truck accident can be more severe than an auto crash. The effects of a crash involving a truck could be catastrophic and the resulting damage is more complex due to the size and weight of a commercial truck. These accidents also require more complicated investigations.
To protect their interests, trucking companies or insurance companies usually conduct their investigations immediately after a crash. The victims are left to deal only with their injuries, and they are unable to collect evidence. fort lauderdale truck accident lawsuit puts them at a disadvantage comparison to the trucking company or insurance provider.
A lawyer for truck accidents who has experience will look for evidence in a variety sources, including witness testimony, police reports and inspections of vehicles. A skilled lawyer should not only rely on police reports, however, as these documents are typically not adequate for civil litigation purposes. Police officers aren't taught to conduct an effective investigation and may fail to gather all of the evidence needed for the filing of a lawsuit.
Other kinds of information could include logbook entries and maintenance and service records from the truck. The data from the device for recording events (also called a black box) is also available. A skilled attorney will ask both the driver of the truck and trucking company for these types and other types of evidence and then carefully examine them to determine the cause of the accident.
Expert Witnesses
A professional witness can help your lawyer establish the various aspects of your truck accident case. Medical experts is a good example. They can give evidence to your lawyer that the accident led to your injuries. Experts can also testify on the impact your injuries could have on your quality of life in the future. Expert witnesses can assist your lawyer determine the extent of your injuries which include lost income and your future earning capacity.
Your doctor can look over physical evidence and explain the impact of your injury on your future. For instance, a medical expert can show how your accident can impact your mental and physical well-being. A metallurgist is an additional type of expert who will analyze the causes behind why a component failed. There are experts who can determine if the weather was a factor in the crash.
Your expert's responsibility is to give an impartial and objective opinion after examining the evidence. Certain expert witnesses could be a liability in your case if their opinions are biased or they have connections to the defendants. Your lawyer can conduct a background check on the expert witness to find out any risks.
Alongside expert witnesses, your lawyer will also interview you and witnesses, including people who saw the accident taking place before it occurred. Be aware that the insurance companies of the defendants will try to get your to admit fault or provide statements that they can twist and change to make your case more difficult.
Litigation
Truck drivers are also required to obey traffic laws and drive with reasonable care. If they fail in this obligation and their negligence results in a crash, they may be held responsible for damage to the victims of the crash.
To show the defendant's negligence our lawyer will gather variety of evidence from eyewitnesses who witnessed the crash and give oral or written evidence of the circumstances of the collision. Our team will also look at a wide range of other evidence, including skid marks and areas of impact, as well as conduct crash tests.
Sometimes, the cause of an accident involving a truck can be complex and involves multiple parties. If the truck accident was caused by defective equipment, or improper maintenance, we can sue the makers or the trucks. We could also sue the mechanic or repair shop responsible for the repairs.
We will try to resolve your dispute outside of court, however if the trucking company or its insurance company refuses to make a fair settlement offer, we will prepare for trial. In a trial the judge or jury will decide on issues that are disputed like who was the culprit and the amount of compensation you should get. The total amount of your legal damages will be based on the losses you have documented that include financial, physical and emotional pain.
Statute of Limitations
Understanding how these cases normally go about their business can help you prepare for what's to come and provide you with an idea of the time it might take to settle your case.
One of the most important steps is establishing liability. It is likely that a trucker who was drunk, distracted, or otherwise impaired will be held responsible for the harm you suffered. However, there could be other parties also liable. If the accident was the result of poor repair or a mechanic, then a company that manufactured the truck or its components could be held liable under the legal theory of respondeat superior.
It is also possible that the liable party may have committed a more serious risky act, which might entitle you to punitive damages. To prove this, we must prove that they acted in a reckless and impulsive manner that was reckless and in disregard for your safety and the safety of others.
It is essential to work with an attorney who understands the complexities involved in truck accidents. Insurance companies and attorneys for the at-fault party are usually sheepskins in wolves and will attempt to convince you to sign documents which they later use against you. If you have an attorney handling all communications, you can stay clear of these traps.