The Process of a Truck Accident Lawsuit
Many truck accidents cause victims to suffer lifelong and severe injuries. These accidents can result in significant medical costs, lost income and psychological traumas.
Your attorney will issue a Summons & Complaint to all the parties responsible. This process can take several years. Your lawyer can assist you determine whether any shared responsibility been properly assessed and allocated.
Investigations
A truck accident can be more severe than a car accident. The consequences of a collision with a truck can be devastating and the impact is more complicated due to the weight and size of commercial trucks. These incidents also require more complicated investigations.
This is why insurance companies and trucking firms often conduct their own investigations right after a crash to protect 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 is able to find evidence from numerous sources which include police reports witness statements, and vehicle inspections. A seasoned attorney will not only rely on police reports however, as these documents are often inadequate for civil litigation purposes. Police officers aren't always trained to conduct an investigation properly and might not gather all the evidence required to support an action.
Other kinds of data could include logbook entries and maintenance and service records from the truck. The data from the event data recording device (also known as a black box) is also available. A skilled attorney will ask the driver of the truck and the trucking company for these types and other types of evidence and then carefully analyse them to determine the cause of the accident.
Expert Witnesses
A expert witness from a truck accident can aid your lawyer in proving different aspects of the case. A medical expert for instance, can provide evidence to your attorney that the accident resulted in your injuries. Your expert may also testify about the impact your injuries will have on your future quality of life. Expert witnesses can assist your lawyer calculate the amount of damages like lost income and your future earning capacity.
Experts can examine the physical evidence and explain the impact of your injury on your future. An expert in medicine, for example, can explain how the accident could affect your mental and physical health. A metallurgist is an additional type of expert who will analyze the causes behind why a component failed. There are also experts who can assess the ways in which weather might be a factor in the crash.
A key role of your expert witness is to analyze the evidence and offer an unbiased opinion. However, some expert witnesses could be a liability risk for your case if they are biased or have ties to the defendants' businesses. Your attorney can perform a background check on the expert witness to find out any potential risks.
Your attorney will conduct an interview with you, along with witnesses who were present at the accident prior to it taking place. chicago truck accident lawyer should be aware that the insurance companies of the defendants will attempt to convince you to admit your fault or provide statements that they can twist and change to make it appear as though they are trying to undermine your case.
Litigation
Truck drivers are also required to obey traffic laws and use reasonable care when driving. If they do not follow the rules and their negligence causes a crash, then they could be held liable for the injuries that victims are left with.
To show the defendant's negligence our lawyer will collect a number of eyewitnesses who witnessed the crash and give either oral or written testimony regarding how the collision occurred. Our team will also study other evidence, such as skidmarks and points of impact. They will also conduct crash testing.
Sometimes, the cause of an accident involving a truck is complex and involves multiple parties. If the truck accident was caused by defective equipment or maintenance that was not done properly, we could sue the manufacturers or the trucks. We could also sue the mechanic or repair shop responsible for performing the repairs.
We will attempt to resolve your dispute outside of court, but should the trucking firm or its insurer refuses to accept a fair settlement offer, we will prepare for trial. During trial in which a judge or jury will rule on disputes such as who is at fault and the amount of compensation you are entitled to. The total amount of your legal damages will be based on your documented losses that comprise financial, physical and emotional suffering.
Statute of Limitations
Understanding how these cases normally proceed can help prepare you for what's to come and provide you with an idea of how long it could take to settle your case.
One of the most important steps is to establish the extent of liability. If a truck driver was drowsy or distracted, for instance the chances are that they will be held responsible for the damages. However, there might be other parties accountable as well. For instance, if a crash resulted from poor repairs, for instance, an individual mechanic who did the work or a company which made the truck or its components could be held liable according to the legal doctrine of respondeat superior.
It's also possible the accountable party was guilty of a more serious reckless act, which might entitle you to punitive damages. To do this, we must establish that they acted in a reckless and 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 of truck accident cases. Insurance companies and attorneys for at-fault party are usually wolves in sheepskins and will try to get you to sign statements that they later use against you. If you hire an attorney to handle all communications, you'll avoid these pitfalls.