15 Best Pinterest Boards Of All Time About Truck Accident Attorneys
The Process of a Truck Accident Lawsuit
Accidents involving trucks can cause serious and permanent injuries. They can result in substantial medical costs, lost wages and psychological damages.
Your attorney will issue an Summons & Complaint to all parties liable. The process can take a few years. Your lawyer can help determine whether any shared responsibility has been properly assessed and assigned.
Investigations
A truck crash could be more severe than an auto crash. A truck accident can have devastating consequences for the person. The impact is more complex because of the weight and size. These incidents also require more complicated investigations.
This is why trucking companies and insurance providers frequently conduct their own investigations immediately following a crash 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 in comparison to the trucking company or insurance company.
A truck accident lawyer with experience will search for evidence from a variety of sources, such as witness testimony, police reports and vehicle inspections. A seasoned attorney will not rely solely on police reports, however, since these reports are typically not adequate for civil litigation. Police officers are not trained to conduct a proper investigation and might not gather all the evidence required for the filing of a lawsuit.
Other types of information might include logbook entries and maintenance and service records from the truck. The data from the event data recording device (also known as the black box) is also available. A skilled attorney will request these as well as other types of evidence from the truck driver and the trucking firm, and then thoroughly analyze the evidence to determine what led to the accident.
laguna niguel truck accident law firm can help your lawyer establish the various aspects of your truck accident case. A medical professional for instance, can prove to your lawyer that the accident caused your injuries. Experts can also testify on how your injuries will impact your life's quality of living in the future. Expert witnesses can 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 instance, a medical expert will explain how the accident can impact your physical and mental health. Another type of expert is a metallurgist who will examine the reasons why a part of a car failed. There are experts who can determine if the weather was the cause of the crash.
Your expert's responsibility is to provide an unbiased and impartial opinion after having analyzed the evidence. However, certain expert witnesses can become a liability risk for your case if they are biased or have connections to the defendants' businesses. Your attorney can perform a background check on the expert witness to determine any risks.
Apart from expert witnesses, your attorney will also question you and witnesses, including witnesses who witnessed the crash taking place prior to when it occurred. It is important to keep in mind that the defendants' insurance companies will try to get you to admit that they are at fault or to make claims they can twist or distort to deny your claim.
Litigation
Truck drivers must also adhere to traffic laws and drive with reasonable care. If they fail to do so and their negligence leads to an accident, they could be held liable for the injuries that the victims suffer.
Our lawyer will obtain evidence from eyewitnesses and seek written or oral testimony to prove the defendant was negligent. Our team will also review 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 and involves multiple parties. If the accident was caused by defective equipment, or improper maintenance, we can sue the makers or the trucks. We could also sue the repair shop or mechanic responsible for performing the repairs.
We will attempt to settle your dispute outside of court, however if the trucking company or its insurance company refuses to make a fair settlement offer and we prepare for trial. During the trial in court, a jury or judge will rule on disputed issues like who was responsible for the accident and the amount of compensation you should receive. Your legal damages will be determined in accordance with the totality of your losses, including financial, physical and emotional suffering.
Statute of limitations
While the legal process following a truck crash can be a bit complicated, knowing how these cases usually go will help you understand what's ahead and give you a better sense of the length of time your case may take.
The process of establishing liability is among the most crucial steps. If a truck driver was drowsy or distracted, for example then it is likely that they'll be held accountable for your damages. There may be other parties that are also accountable. If the crash was caused by faulty repairs and/or a mechanic, then the company that made the truck or its components could be held responsible under the legal theory of respondeat superior.
You could also be entitled to damages for punitive if the guilty party committed an act of recklessness that was more severe. To determine this, we must prove that they acted in a reckless, impulsive manner, with no regard for your safety and the safety of others.
It's crucial to work with an attorney who is knowledgeable with the complexities of truck accident cases. Insurance companies and the attorneys of the at-fault parties are frequently wolves in sheep's clothing and will try to obtain information from you that they may use against you later. If you have an attorney handling all communications, you will stay clear of these traps.