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The Process of a Truck Accident Lawsuit Truck accidents can cause severe and permanent injuries. These accidents can lead to significant medical expenses, lost income, and psychological damage. Your attorney will file an Summons and Complaint against all liable parties. This process can last several years. Since New York uses comparative fault rules, your lawyer can ensure that any shared responsibility is correctly assessed and allocated to defendants. Investigations If someone is injured in a crash involving a truck, there is a lot more at stake than an auto accident. The effects of a crash involving a truck can be life-altering and the impact is more complicated due to the size and weight of commercial trucks. These accidents also require more complex investigations. To protect their interests in the event of a crash, trucking firms or insurance companies will usually conduct their investigations immediately after an accident. The problem is that victims are left to take care of their injuries and aren't being able to gather evidence. This puts them at a disadvantage comparison to the trucking company or insurance provider. A truck accident lawyer who is skilled will look for evidence in a variety of sources, such as witness testimony, police reports and inspections of vehicles. A skilled lawyer should not rely solely on police reports, however, because these documents are usually not sufficient for civil litigation purposes. north charleston truck accident attorney may not be equipped to conduct an investigation properly and might not gather all the evidence required for a lawsuit. Other kinds of records include logbook data maintenance and service records for the truck and other equipment, data from the event data recorder (also called a black box) and many more. An experienced attorney will ask the driver of the truck and the trucking company for these types and other types of evidence, and then analyze them to determine the causes of the accident. Expert Witnesses An expert witness can help your lawyer prove the various elements of your truck accident case. For instance an expert in medical science can provide evidence that the crash resulted in your injuries. Your expert may also testify as to the impact your injuries will have on your future quality-of-life. Expert witnesses can also help your lawyer determine the worth of your losses, including 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 is a good example. They can explain how the accident could affect your physical and mental health. Another kind of expert is a metallurgist who will identify the reason a part of a vehicle failed. There are also experts who assess the ways in which weather might have contributed to the crash. The role of an expert witness is to give an impartial and objective view after analyzing the evidence. Certain expert witnesses could be a liability for your case when their opinions are skewed or they are associated with the defendants. Your attorney can perform an identity check to identify these risks and make sure that you have the top expert witnesses available. Your lawyer will interview you, along with any other eyewitnesses who witnessed the incident prior to it happening. Be aware that the insurance companies of the defendants will attempt to convince you to acknowledge your responsibility or make statements which they can twist and change to make it appear as though they are trying to undermine your case. Litigation Just like other drivers truck drivers are also required to obey traffic laws. obligation to observe traffic laws and to use reasonable care when they travel. If they fail to comply with these rules and their carelessness causes an accident, then they could be held responsible for the damage that victims are left with. To show the defendant's negligence our attorney will gather a array of evidence from witnesses who witnessed the crash and provide written or oral evidence about the manner in which the collision took place. Our team will also study an array of other evidences, including skid marks and points of collision, and conduct crash tests. Sometimes, the cause of an accident involving a truck can be complex and involves multiple parties. If the truck crash was caused by defective equipment or improper maintenance, then we could sue the manufacturer or the trucks. We could also sue the mechanic who made the repairs or the repair shop. We will endeavor to resolve your case out of court, however should the trucking firm or its insurer is unable to accept an acceptable settlement offer and we prepare for trial. During the trial, a judge or jury will decide on any disputed issues like who was at fault for the crash and the amount of compensation you must receive. The total amount of your legal damages will be based on your documented losses that include financial, physical and emotional suffering. Statute of limitations Although the legal process following a truck crash can be complicated, understanding how these cases usually go can help you plan for what's to come and provide you with a better understanding of the length of time your case may take. Liability is one of the most important steps. If a truck driver was drowsy or distracted, for example it is likely that they will be held responsible for your damages. However, there might be other parties who are also liable. For instance, if the crash was caused by poor repairs for instance, an individual mechanic who did the work or a company which made the truck or its components could be held accountable under the legal theory of respondeat superior. You could also be entitled to punitive damages if the responsible person committed an act of recklessness that was more acrimonious. To prove this, we must prove that they behaved in a reckless, impulsive way, and with a disregard for your safety and the safety of others. It is vital to hire an attorney who is familiar with the complexities involved in truck accident cases. Insurance companies and attorneys for at-fault parties are often wolves in sheepskins and will try to get you to give statements which they later use against you. By having an attorney manage all communications, you can stay clear of these traps.