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The Process of a Truck Accident Lawsuit Many accidents involving trucks cause lifelong and severe injuries. These can result in significant medical expenses as well as psychological harm. Your lawyer will make an Summons and Complaint to all the parties responsible. newton truck accident lawsuit could take a few years. Since New York uses comparative fault rules, your lawyer will ensure that any shared liability is properly defined and allocated to defendants. Investigations When someone is injured in a truck accident there is more at stake than in an auto collision. The consequences of a truck accident could be catastrophic and the resulting damage is more complex due to the size and weight of a commercial truck. These accidents also require more intricate investigation. This is why trucking companies and insurance providers frequently conduct their own investigations immediately following an accident to protect their interests. The victims are left to deal only with their injuries and are unable to collect evidence. This leaves them at a disadvantage compared to the insurance company and trucking companies. A seasoned truck accident attorney can find evidence from a variety of sources such as police reports, witness statements and vehicle inspections. A skilled lawyer should not only rely on police reports, however, because these documents are usually not sufficient for civil litigation purposes. Police officers might not be properly trained to conduct an investigation correctly and may not collect all the evidence required to support an action. Other types of data include logbook entries maintenance and service records for the truck and the event data recorder (also called a black box) and many more. A skilled attorney will ask both the driver of the truck and trucking company for these and other forms of evidence, and then look over them to determine causes of the accident. Expert Witnesses An expert witness can help your lawyer prove the various elements of your truck accident case. For instance medical experts will provide your lawyer with evidence that the crash resulted in your injuries. Your expert can also testify on how your injuries will affect your life's quality of living in the future. Expert witnesses can also assist your lawyer calculate the value of your injuries, which includes lost income and loss of earning capacity in the future. Your expert can review the physical evidence and explain how your injuries will impact your future. For instance an expert in medical science can show how your accident can affect you in terms of physical and mental health. Another kind of expert is a metallurgist who can examine the reasons why a part of a car failed. There are also experts who examine the way in which weather conditions could have contributed to the crash. Your expert's responsibility is to provide an impartial and objective opinion after examining the evidence. Certain expert witnesses could be a liability in your case if their opinions are biased or they have connections to the defendants. Your lawyer can conduct an investigation into the background of the expert witness to identify any risks that could be present. Aside from expert witnesses, your attorney will also interview you and other eyewitnesses, such as witnesses who witnessed the crash occurring before it occurred. It is crucial to remember that the defendants' insurance firms will try to convince you to admit fault or make statements that they can twist and distort to weaken your claim. Litigation Truck drivers must also adhere to traffic laws and operate with reasonable care. If they do not comply with this duty and their negligence results in a crash, they may be held accountable for the damage to the victims of the collision. To demonstrate the defendant's culpability, our lawyer will gather a array of evidence from witnesses who witnessed the crash and give written or oral evidence about how the collision occurred. Our team will also examine other evidence like skidmarks and points of impact, and conduct crash testing. Sometimes, the reason for an accident involving a truck can be complex and involves multiple parties. If the accident was caused by defective equipment, or improper maintenance, then we could sue the manufacturers or the trucks. We might also claim against the mechanic who did the repairs or the repair shop. We will endeavor to resolve your dispute outside of court, but should the trucking company or its insurer is unable to accept an acceptable settlement offer and we prepare for trial. During trial where a judge or jury will rule on disputes such as who is at fault and how much compensation you'll receive. The total of your legal damages will be determined based on the losses you have documented that include financial, physical, and emotional pain. 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 the time it might take to settle your case. Liability is one of the most crucial steps. If the truck driver was tired or distracted, as an example the chances are that they will be held responsible for the damages. There could be other parties that are also liable. If the accident was the result of poor repairs such as a mechanic or company that manufactured the truck or its components could be held accountable according to the legal theory of respondeat superior. You could also be entitled to damages for punitive harm if the accountable person acted in a manner of recklessness that was more severe. To be able to prove this, we must to prove that the liable party acted in reckless disregard for your safety or that of others. It is important to work with an attorney who is familiar with the complexities of truck accidents. Insurance companies and the lawyers representing the parties at fault are often the wolves in sheep's clothing who will try to obtain information from you which they can use against you later. You can stay clear of these pitfalls by hiring an attorney to handle your communications.