The Process of a Truck Accident Lawsuit
Accidents with trucks can cause severe and permanent injuries. Accidents can result in substantial medical expenses, loss of income and psychological damages.
Your attorney will issue an Summons and Complaint to all parties that are responsible. This process can take several years. Your lawyer can help you determine whether the shared responsibility has been properly assessed and assigned.
Investigations
When someone is injured in a collision with a truck there is much more at stake than an auto crash. The consequences of a truck crash can be life-altering and the resulting damage is more complex due to the weight and size of a commercial truck. These accidents also require more complicated investigations.
This is why trucking companies and insurance providers frequently conduct their own investigations following a crash to protect their interests. The issue is that the injured are left to deal with their injuries and aren't in a position to gather evidence. This puts them at a disadvantage comparison to the trucking company or insurance companies.
A truck accident lawyer who is experienced will look for evidence from a variety of sources, such as police reports, witness testimony, and inspections of vehicles. bolingbrook truck accident law firm should not rely solely on police reports however, as these documents are usually not sufficient for civil litigation. Police officers might not be trained to conduct an inquiry properly and might not gather all the evidence required to support an action.
Other types of information include logbook records, maintenance and service records for the truck and the event data recorder (also called a black box) and more. A skilled attorney will ask the driver of the truck and the trucking company for these and other forms of evidence and then carefully examine them to determine the cause of the accident.
Expert Witnesses
A truck accident expert witness can aid your attorney in proving different aspects of the case. For example an expert in medical science can give your lawyer proof that the crash caused your injuries. Your expert may also testify regarding the impact your injuries will have on your life-style and quality of living. Expert witnesses can help your lawyer determine the worth of your losses, including lost income and loss of future earning capacity.
Your doctor can look over physical evidence and explain the impact of your injury on your future. A medical expert is a good example. They can explain how your accident may affect your physical and mental health. Another type of expert is a metallurgist that can determine the reason why a component of a vehicle failed. There are experts who can determine if weather was the cause of the crash.
The primary function of your expert witness is to examine the evidence and give an objective and impartial opinion. However, certain expert witnesses could be risky for your case if they're biased or have connections to the defendants' companies. Your attorney can perform a background check on the expert witness in order to identify any potential risks.
Your attorney will conduct an interview with you, as well as witnesses who were present at the accident prior to it taking place. You should be aware that the insurance companies of the defendants will try to get your to admit your fault or make statements which they can twist and alter to reduce your chances of winning.
Litigation
Just like other drivers truck drivers also have a duty to obey traffic laws and to use reasonable care on the road. If they do not fulfill this duty and their negligence leads to a crash, they may be held accountable for the injuries incurred by the victims of that collision.
Our lawyer will obtain evidence from eyewitnesses and seek oral or written testimony to prove that the defendant was negligent. Our team will also examine a wide range of other evidence, such as skid marks and points of impact, as well as conduct crash tests.
Sometimes the reason for an accident involving a truck is complex that involves multiple parties. If the truck accident was caused by defective equipment, or improper maintenance, we could sue the producers or the truck. We could also sue the mechanic who made the repairs or the repair shop.
We will try to resolve your dispute out of court, but if the trucking company or its insurer refuses to make an acceptable settlement offer, we will prepare for trial. During the trial the jury or judge will decide on the merits of the dispute like who was at fault for the accident and the amount of compensation you must receive. The amount of your legal damages will be determined based on the losses you have documented that include financial, physical, and emotional pain.
Statute of limitations
Understanding how these cases typically proceed can help prepare you for what's to come and give you an idea of how long it could take to resolve your case.
One of the most important steps is to establish the liability. If a truck driver was drowsy or distracted, for example, it is likely they will be held responsible for your damages. There may be other parties that are also liable. For instance, if the accident resulted from poor repairs, for instance, a mechanic who did the work or a business who made the truck or its parts could be held responsible under the legal theory of respondeat superior.
It's also possible that responsible party has was guilty of a more serious risky act, which might entitle you to punitive damages. To establish this, we have to prove that the liable party was reckless for your safety or the safety of others.
It's important to work with an attorney who understands the complexities of truck accidents. Insurance companies and attorneys representing the parties at fault are frequently sheep in sheep's clothes and will attempt to obtain statements from you that they may use against you in the future. By having an attorney handle all communications, you will stay clear of these traps.