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The Process of a Truck Accident Lawsuit Many accidents involving trucks cause lifelong and severe injuries. Accidents can result in significant medical costs, lost income, and psychological injuries. Your attorney will file an Summons and Complaint against all responsible parties. This process can last several years. Since New York uses comparative fault rules, your lawyer can ensure that any shared responsibility is correctly determined and assigned to defendants. Investigations A truck accident could be more serious than an auto collision. The consequences of a truck accident could be catastrophic and the impact can be more complex due to the size and weight of commercial trucks. These incidents also require more complicated investigation. Because of this, trucking companies and insurance providers frequently conduct their own investigations immediately following an accident to protect their interests. The issue is that the injured are left to take care of their injuries, and aren't being able to gather evidence. This leaves them at a disadvantage compared to the insurance provider and trucking company. A truck accident lawyer who is skilled will look for evidence from a variety of sources, including witness testimony, police reports, and inspections of vehicles. A skilled lawyer should not depend solely on police reports, however, because these documents are typically not adequate for civil litigation purposes. Police officers aren't properly trained to conduct an appropriate investigation and could not gather all the evidence needed for an action. Other types of information may include logbook and maintenance records 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 request these as well as other types of evidence from the truck driver and trucking company, and then analyze them to determine the cause of the accident. Expert Witnesses A professional witness can help your lawyer prove the various elements of your truck accident case. For instance medical experts can prove to your lawyer that the crash caused your injuries. Your expert can also testify about how your injuries will impact your life-style and quality of living. Expert witnesses can help your lawyer determine the value of your losses, including lost income and loss of earning capacity in the future. Your expert can review physical evidence and discuss the consequences of your injury on your future. For example an expert in medical science will explain how the accident will impact you in terms of physical and mental health. A metallurgist is another type of expert that can examine the reasons behind why a vehicle component failed. There are also experts who can determine if the weather could be a factor in the crash. Your expert's job is to give an impartial and objective opinion after examining the evidence. However, certain expert witnesses could be a liability risk in your case if they are biased or have ties to the defendants' businesses. Your lawyer can conduct a background check on the expert witness in order to identify any risks that could be present. Your lawyer will question you, along with any other eyewitnesses who witnessed the accident prior to it taking place. Be aware that the insurance companies of the defendants will try to get your to acknowledge your responsibility or make statements which they can twist and change to weaken your case. Litigation Truck drivers are also required to follow traffic laws and take reasonable care when driving. If they do not comply with this obligation and their negligence leads to a crash, they could be held responsible for accident damages suffered by the victims of the crash. Our lawyer will collect evidence from eyewitnesses, and get either oral or written evidence to prove the defendant was negligent. Our team will also study other evidence like skidmarks as well as points of impact. We will also conduct crash testing. Sometimes, the reason for an accident involving a truck can be complex and involves multiple parties. If the truck crash was caused by defective equipment or improper maintenance, we can sue the makers or the truck. We could also sue the repair shop or mechanic responsible for performing the repairs. We will try to settle your case outside of the courtroom. If, however, the trucking firm or its insurance company refuses to negotiate a fair settlement, we will prepare to go to trial. During the trial in court, a jury or judge will decide on the merits of the dispute like who was at fault for the accident and what amount of compensation you must receive. The amount of your legal damages will be based on your documented losses that comprise financial, physical and emotional suffering. Statute of Limitations Although navigating the legal system following a truck accident may be a bit complicated, knowing the typical procedure for these cases can help you prepare for what's to come and provide you with a better understanding of the length of time your case may take. One of the most important steps is to establish liability. If daly city truck wreck lawyer was drunk or distracted, for example then it is likely that they will be held responsible for the damages you suffered. There could be other parties also accountable. For instance, if a crash resulted from faulty repairs for instance, a mechanic who performed the work or a company who made the truck or its components could be held responsible in the legal concept of respondeat superior. You may also be entitled to damages for punitive if the guilty party committed an act of recklessness that was more acrimonious. In order to prove this, you must prove that they acted in a willful and wanton manner that was reckless and in disregard for your safety and the safety of others. It's crucial to work with a lawyer who is familiar with the complexities involved in truck accident cases. Insurance companies and at-fault parties' attorneys are frequently as wolves in sheep's clothes and will try to obtain information from you that they can use against you later. You can stay clear of these pitfalls by hiring an attorney to manage your communications.