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The Process of a Truck Accident Lawsuit Many accidents involving trucks cause serious and lifelong injuries. They can cause significant medical costs as well as psychological trauma. Your attorney will prepare a Summons and Complaint against all liable parties. This process can last several years. Because New York uses comparative fault rules, your lawyer can ensure that any shared responsibility is properly evaluated and distributed to defendants. Investigations A truck crash can be more serious than an auto crash. arizona truck wreck lawyer of a truck accident could be catastrophic and the impact is far more complex due to the size and weight of a commercial truck. These accidents also require more complicated investigations. Due to this, insurance companies and trucking companies typically conduct their own investigations right after an accident to safeguard their interests. The victims are left to deal only with their injuries and are not able to gather evidence. This puts them at a disadvantage in comparison to the trucking company or insurance provider. A skilled truck accident lawyer will seek evidence from numerous sources which include police reports witness statements, and vehicle inspections. A lawyer who is well-informed will not rely on only police reports because they are usually not sufficient for civil litigation. Police officers are not trained to conduct an appropriate investigation and may fail to gather all the evidence required to file an action. Other kinds of data could include logbook and maintenance records and service records from the truck. The data from the event data recording device (also known as the black box) is also available. A competent attorney will ask both the driver of the truck and trucking company for these and other kinds of evidence, and then examine them to determine the root of the accident. Expert Witnesses An expert witness can help your attorney prove various elements of your truck accident case. An expert in medicine is a good example. They can provide evidence to your attorney that the accident resulted in your injuries. Experts will also testify on how your injuries affect your life's quality of living in the future. Expert witnesses can also assist your lawyer assess the value of your injuries, which includes lost income and loss of future earning capacity. Experts can review physical evidence and discuss the consequences of your injury on your future. For example, a medical expert can explain how your accident can impact you in terms of physical and mental health. Another kind of expert is a metallurgist, who can analyze why a vehicle part failed. Experts can determine if the weather played a part in the crash. The main function of your expert is to analyze the evidence and offer an unbiased opinion. However, some expert witnesses could pose a liability risk for your case if they are biased or have ties to the defendants' companies. Your attorney can conduct an investigation into their background to determine these risks and make sure that you have the best expert witnesses on your side. Your lawyer will question you, as well as any other eyewitnesses who saw the accident prior to it taking place. You should be aware that the insurance companies of the defendants will try to convince you to admit your fault or give statements that they can twist and alter to make your case more difficult. Litigation Truck drivers are also required to obey traffic laws and operate with reasonable care. If they fail to do so and their carelessness causes a crash, they could be held liable for the accident damages that the victims are left with. Our lawyer will gather evidence from eyewitnesses and obtain written or oral evidence to prove that the defendant was negligent. Our team will also look at 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 due to defective equipment or insufficient maintenance, we might 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 case outside of court, however in the event that the trucking company, or its insurance company is unwilling to accept a fair settlement offer then we will prepare for trial. During the trial the judge or jury will rule on disputes like who was the culprit and how much compensation you'll receive. The amount of your legal damages will be determined based on your documented losses that include financial, physical and emotional pain. Statute of limitations Although navigating the legal system after a truck accident can be confusing, knowing how these cases typically proceed can help you prepare for what's ahead and give you a better sense of how long your case could take. Establishing liability is one of the most crucial steps. If the truck driver was drunk or distracted, for instance then it is likely that they will be held responsible for the damages you suffered. However, there may be other parties who are also liable. For instance, if the crash was caused by poor repairs, for instance, a mechanic who completed the work or a company that manufactured the truck or its parts could be held liable in the legal concept of respondeat superior. It's also possible that the responsible party has may have committed a more serious reckless act that could be grounds for you to receive punitive damages. In order to prove this, you must prove that they behaved in a willful and wanton manner, with no regard for your safety and the safety of others. It's important to work with an attorney who understands the complexities of truck accidents. Insurance companies and attorneys for the at-fault party are usually wolves in sheepskins and will attempt to convince you to make statements which they later use against you. If you have an attorney handling all communications, it is possible to avoid these traps.