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The Process of a Truck Accident Lawsuit Accidents with trucks can cause severe and permanent injuries. Accidents can result in significant medical costs, lost income, and psychological injuries. Your attorney will prepare an Summons and Complaint against all liable parties. This process could take a few years. Since New York uses comparative fault rules, your lawyer can ensure that any shared liability is properly evaluated and distributed to defendants. Investigations A truck crash could be more severe than a car accident. The effects of a crash involving a truck can be life-changing and the impact is far more complicated due to the size and weight of a commercial truck. These accidents also involve more complicated investigation. To protect their interests the trucking companies and insurance companies usually conduct their investigations immediately after the accident. The victims are left to deal with their injuries, and they are not able to gather evidence. This puts them at a disadvantage comparison to the trucking company or insurance provider. A truck accident lawyer who has experience will look for evidence in a variety of sources, including witness testimony, police reports, and inspections of vehicles. A knowledgeable lawyer will not depend solely on police reports however, as these reports are not always sufficient for civil litigation. Police officers aren't properly trained to conduct a proper investigation and might fail to gather all the evidence required for a lawsuit. Other types of information include logbook records maintenance and service records for the truck and other equipment, data from the event data recorder (also known as a black box), and more. An experienced attorney will ask the driver of the truck as well as the trucking company for these types and other types of evidence, and then look over them to determine causes of the accident. Expert Witnesses A expert witness in a truck accident can help your attorney prove different aspects of the case. For example an expert in medical science can provide evidence that the crash caused your injuries. Your expert may also testify regarding how your injuries could affect your life-style and quality of living. Expert witnesses can also assist your lawyer assess the value of your damages, which could include lost income and loss of earning capacity in the future. A medical professional can analyze the physical evidence and explain how your injury will affect your future. A medical professional for instance, can explain how your accident might impact your 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 played a part in the crash. A key role of an expert witness is to review the evidence and offer an objective and impartial opinion. However, certain experts can be a liability risk for your case if they are biased or have ties to the defendants' businesses. Your lawyer can conduct an investigation of the background of the expert witness to find out any risks that could be present. Aside from expert witnesses, your lawyer will also speak with you and other eyewitnesses, including any witnesses who witnessed the crash occurring before it occurred. It is crucial to remember that the insurance companies of the defendants will try to get you to admit fault or make statements they can twist and deceive to diminish your case. Litigation Like all drivers truckers are required by law to adhere to a obligation to follow traffic laws and take reasonable care while driving. If they do not comply with this duty and their negligence leads to an accident, they could be held responsible for accident damages suffered by those who were injured in the collision. Our lawyer will gather evidence from eyewitnesses and seek written or oral testimony to prove that the defendant was negligent. Our team will also look at other evidence, such as skidmarks and points of impact. They will also conduct crash testing. Sometimes, the reason for an accident involving a truck is complex with multiple parties. If the truck accident was caused by defective equipment or improper maintenance, we can sue the makers or the trucks. We might also claim against the mechanic who did the repairs or the repair shop. We will attempt to settle your case outside of court. However, if the trucking company or its insurer does not agree to a fair settlement, we will prepare to go to trial. During the trial in court, a jury or judge will decide on issues that are disputed, such as who was at fault for the crash and what amount of compensation you are entitled to receive. The legal damages you receive will be calculated by the sum of your losses, including financial, physical and emotional pain. Statute of Limitations Knowing how these cases typically are handled can help you prepare for what's to come and provide you with an idea of the time it might take to resolve your case. Finding out who is responsible is one of the most crucial steps. If the truck driver was tired or distracted, for instance then it is likely that they'll be held accountable for the damages you suffered. However, there could be other parties who are equally responsible. For instance, if the accident resulted from poor repairs for instance, a mechanic who performed the work or a business which made the truck or its components could be held liable according to the legal doctrine of respondeat superior. You may also be entitled to punitive damages if the responsible person committed an act of recklessness that was more severe. To determine this, we must prove that they acted in a reckless and reckless way, and with a disregard for your safety and the safety of others. It's crucial to work with an attorney who is familiar with the complexities involved in truck accident cases. chino truck accident lawyer and the lawyers representing the parties at fault are often wolves in sheep's clothing and will try to collect statements from you that they could use against you later. You can steer clear of these pitfalls by having an attorney handle your communications.