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The Process of a Truck Accident Lawsuit Many accidents involving trucks cause serious and lifelong injuries. They can cause significant medical expenses as well as psychological harm. Your attorney will file a Summons and Complaint against all responsible parties. This process can take several years. Since New York uses comparative fault rules, your lawyer can ensure that any shared responsibility is appropriately assessed and allocated to defendants. Investigations If someone is injured in a collision with a truck there is more at stake than an auto crash. The effects of a crash involving a truck can be life-altering and the resulting damage is more complicated due to the weight and size of a commercial truck. These accidents also require more complex investigations. As a result, trucking companies and insurance providers frequently conduct their own investigation immediately following the incident to protect their interests. The victims are left to deal with their injuries, and are unable to collect evidence. This puts them at a disadvantage in comparison to the trucking company or insurance companies. A truck accident lawyer who is skilled will look for evidence in a variety sources, including witness testimony, police reports and vehicle inspections. A seasoned attorney will not depend solely on police reports, however, as these documents are not always sufficient for civil litigation purposes. Police officers may not be properly trained to conduct an investigation properly and they may not be able to gather all the evidence needed to file a lawsuit. Other kinds of data include logbook records maintenance and service records for the truck, data from the event data recorder (also called a black box) and many more. An experienced attorney will seek these as well as other types of evidence from the truck driver and the trucking firm, and then thoroughly analyze them to determine the cause of the accident. Expert Witnesses A expert witness from a truck accident can aid your attorney in proving different elements of the case. A medical professional is a good example. They can provide proof to your lawyer that the accident led to your injuries. Your expert can also testify about the impact your injuries will have on your future quality-of-life. idaho truck accident attorney can assist your lawyer calculate the amount of damages which include lost income and future earning capacity. Your expert can review the physical evidence and explain the impact of your injury on your future. For example, a medical expert can demonstrate how your accident will impact you in terms of physical and mental well-being. Another type of expert is a metallurgist, who can examine the reasons why a part of a car failed. Experts can determine if the weather played a part in the crash. Your expert's job is to provide an impartial and objective view after analyzing the evidence. However, some experts can be a liability risk for your case if they're biased or have ties to the defendants' businesses. Your lawyer can conduct a background check to find these risks and make sure that you have the most qualified experts in your case. Apart from experts, your lawyer will also interview you and witnesses, including witnesses who witnessed the crash occurring before it occurred. Be aware that the insurance companies of the defendants will attempt to convince you to admit guilt or provide statements that they can twist and alter to weaken your case. Litigation Like any other driver, truck drivers have a obligation to observe traffic laws and take reasonable care when they travel. If they fail to comply with these rules and their carelessness causes an accident, they could be held liable for the damage that the victims suffer. To prove the defendant's negligence, our lawyer will gather array of evidence from witnesses who witnessed the crash and give written or oral evidence about how the crash occurred. Our team will also review an array of other evidence, such as skid marks or points of impact, and conduct crash tests. Sometimes the cause of an accident on the road is complicated, involving multiple parties. If the truck crash was caused by defective equipment or improper maintenance, we could sue the manufacturer or the truck. We could also claim against the mechanic who did the repairs or the repair shop. We will endeavor to resolve your case outside of court, but should the trucking firm or its insurer refuses to accept an acceptable settlement offer, we will prepare for trial. During a trial where a judge or jury will decide on disputed issues like who was at fault and what amount of compensation you should get. Your legal damages will be determined in accordance with the totality of your losses, which include physical, financial, and emotional suffering. Statute of Limitations Knowing how these cases typically go about their business can help you prepare for the future and give you an idea of how long it will take to settle your case. One of the most important steps is to establish the liability. If an truck driver was sleepy or distracted, as an example, it is likely they will be held responsible for the damages. However, there might be other parties liable as well. If the crash was caused by faulty repairs or a mechanic, then a company that manufactured the truck or its components could be held responsible according to the legal theory of respondeat superior. It is also possible that the liable party committed a more severe reckless act, which could result in punitive damages. To be able to prove this, we must to establish that the liable party was reckless for your safety or that of others. It is essential to work with a lawyer who is familiar with the complexities of truck accident cases. Insurance companies and at-fault parties' attorneys are often as wolves in sheep's clothes and will attempt to obtain statements from you that they could use against you in the future. By having an attorney manage all communications, it is possible to avoid these pitfalls.