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The Process of a Truck Accident Lawsuit Truck accidents can result in severe and permanent injuries. These can result in significant medical expenses, lost wages and psychological trauma. Your lawyer will issue an Summons & Complaint to all parties liable. The process can take a few years. Because New York uses comparative fault rules, your lawyer can ensure that any shared responsibility is correctly determined and assigned to defendants. Investigations If someone is injured in a crash involving a truck, there is a lot more at stake than a car crash. The consequences of a truck accident can be devastating and the impact can be more complicated due to the weight and size of commercial trucks. These accidents also require more complex investigations. As a result, trucking companies and insurance providers frequently conduct their own investigations following an accident to safeguard their interests. The issue is that the victims are left to deal with their injuries and aren't in a position to gather evidence. This leaves them at a disadvantage when compared to the insurance company and trucking companies. A lawyer for truck accidents who has experience will look for evidence from a variety of sources, such as police reports, witness testimony and inspections of vehicles. A lawyer who is well-informed does not rely on only police reports since they are typically insufficient for civil litigation. Police officers might not be trained to conduct an inquiry properly and may not gather all the evidence required to support an action. Other kinds of data include logbook records, maintenance and service records for the truck, data from the event data recorder (also known as a black box), and more. A competent attorney will ask the driver of the truck as well as the trucking company for these and other kinds of evidence and then carefully analyze them to determine the causes of the accident. Expert Witnesses A expert witness from a truck accident can help your attorney prove different elements of the case. A medical expert is a good example. They can provide evidence to your lawyer that the accident caused your injuries. Your expert can be able to testify on how your injuries will affect your future quality-of-life. san antonio truck accident law firm can assist your lawyer calculate the value of your losses, including lost income and loss of earning capacity in the future. An expert can look over the physical evidence and explain the impact of your injury on your future. A medical professional can, for instance, explain how your accident may affect your mental and physical health. A metallurgist is an additional type of expert that can examine the reasons behind why a vehicle component failed. There are also experts who can assess the ways in which weather might have caused the crash. Your expert's job is to provide an impartial and objective opinion after having examined the evidence. Expert witnesses can be a liability to your case in the event that their opinions are biased or they are associated with the defendants. Your lawyer can conduct an investigation of the background of the expert witness to find out any risks that could be present. Apart from expert witnesses, your attorney will also speak with you and witnesses, including people who saw the crash occurring before it occurred. You should be aware that the insurance companies of the defendants will attempt to convince you to admit guilt or make statements that they can twist and change to make it appear as though they are trying to undermine your case. Litigation Like any other driver, truck drivers have a obligation to observe traffic laws and to use reasonable care when they travel. If they do not comply and their negligence causes an accident, they could be held accountable for the injuries that victims are liable for. To prove the defendant's negligence, our lawyer will gather a variety of evidence from eyewitnesses who witnessed the crash and give written or oral evidence about how the collision occurred. Our team will also review other evidence, including skidmarks and points of impact. They will also conduct crash testing. Sometimes the cause of the truck crash is complex, involving multiple parties. If the accident was caused by defective equipment, or maintenance that was not done properly, we could sue the manufacturers or the truck. We could also sue the mechanic or repair shop who performed the repairs. We will try to resolve your case without going to the courtroom. If, however, the trucking firm or its insurance company refuses to negotiate a fair settlement or offer, we'll prepare to go to trial. During the trial in court, a jury or judge will decide on any disputed issues like who was responsible for the accident and the amount of compensation you should receive. Your legal damages will be calculated by the sum of your losses, which includes physical, financial, and emotional suffering. Statute of Limitations Understanding how these cases normally are handled can help you prepare for what is to come and give you an idea of how long it could take to resolve your case. One of the most important actions is to establish the liability. If the truck driver was drunk or distracted, as an example it is likely that they will be held responsible for your losses. However, there may be other parties equally responsible. For instance, if the accident was caused by poor repairs such as a mechanic who performed the work or a company that made the truck or its parts could be held accountable under the legal theory of respondeat superior. You could also be entitled to punitive damages if the responsible party acted with recklessness that was more serious. To do this, we must prove that they behaved in a reckless and impulsive way, and with a disregard for your safety and that of others. It's crucial to work with an attorney who is knowledgeable with the complexities involved in truck accident cases. Insurance companies and lawyers for the at-fault party can be seen as wolves in sheepskins and will try to force you to make statements that they later use against you. By having an attorney handle all communications, you'll avoid these pitfalls.