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The Process of a Truck Accident Lawsuit Truck accidents can cause severe and permanent injuries. These accidents can lead to massive 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 last several years. Because New York uses comparative fault rules, your lawyer can ensure that any shared responsibility is properly assessed and allocated to defendants. Investigations When someone is injured in a crash involving a truck there is more at stake than an auto crash. The consequences of a truck crash can be life-changing and the impact can be more complicated due to the size and weight of commercial trucks. These incidents also require more complicated investigations. Because of this, trucking companies and insurance providers often conduct investigations right after the incident 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 lawyer for truck accidents who is skilled will look for evidence in a variety of sources, such as police reports, witness testimony, and inspections of vehicles. A knowledgeable lawyer will not only rely on police reports however, since these reports are typically not adequate for civil litigation. Police officers might not be trained to conduct an investigation correctly and may not collect all the evidence required to support the court case. Other kinds of information could include logbook entries and maintenance and service records from the truck. Data from the event data recording device (also known by the name black box) is also available. A competent attorney will demand these as well as other types of evidence from the truck driver as well as the trucking company and then carefully analyze the evidence to determine what led to the accident. Expert Witnesses A truck accident expert witness can assist your attorney in proving different aspects of the case. An expert in medicine, for example, can provide proof to your lawyer that the crash caused your injuries. Your expert may also testify about how your injuries will affect your future quality-of-life. rancho cucamonga truck accident lawsuit can help your lawyer determine your damages including lost income and future earning capacity. Experts can review physical evidence and discuss the consequences of your injury on your future. For example medical experts can demonstrate how your accident can impact your physical and mental well-being. Another kind of expert is a metallurgist who can analyze why a vehicle part failed. There are experts who can determine whether the weather was the cause of the crash. Your expert's job is to provide an unbiased and objective view after analyzing the evidence. However, some experts can be risky for your case if they're biased or have ties to the defendant's companies. Your lawyer can conduct an investigation of the background of the expert witness to determine any risks. Your attorney will conduct an interview with you, along with any other eyewitnesses who saw the incident prior to it happening. It is important to note that the insurance companies of the defendants will attempt to force you to admit fault or make statements they can twist and distort to weaken your claim. Litigation Truck drivers are also required to obey traffic laws and take reasonable care when driving. If they do not follow the rules and their negligence leads to an accident, then they could be held responsible for the damage that victims are liable for. To show the defendant's negligence our attorney will gather a number of eyewitnesses who witnessed the crash and provide either oral or written testimony regarding how the collision occurred. Our team will also look at the various other evidence, such as skid marks and points of collision, and conduct crash tests. Sometimes, the reason for the truck crash is complex, involving multiple parties. If the truck crash was caused by defective equipment, or improper maintenance, we could sue the producers or the truck. We could also sue the mechanic or repair shop who performed the repairs. We will attempt to settle your dispute outside of court, however in the event that the trucking company, or its insurance company is unwilling to make an acceptable settlement offer and we prepare for trial. During the trial the jury or judge will decide on issues that are disputed, such as who was at fault for the crash and what amount of compensation you should receive. The total amount of your legal damages will be determined based on your documented losses that comprise financial, physical and emotional suffering. Statute of limitations While navigating the legal process after a truck accident can be complex, understanding how these cases usually go will help you anticipate what is ahead and provide you with a better understanding of how long your case will take. Liability is one of the most important steps. If the truck driver was tired or distracted, for instance, it is likely they'll be held accountable for the damages. However, there could be other parties who are equally responsible. For instance, if the crash occurred due to poor repairs for instance, a mechanic who completed the work or a business which made the truck or its parts could be held responsible under the legal theory of respondeat superior. It's also possible that the responsible party has was guilty of a more serious reckless act that might entitle you to punitive damages. To prove this, we must prove that they behaved in a reckless and impulsive manner, with no regard for your safety as well as that of others. It is essential to work with an attorney who is familiar with the complexities of truck accidents. Insurance companies and the attorneys of the at-fault parties are often the wolves in sheep's clothing who will try to collect statements from you that they can use against you in the future. By having an attorney handle all communications, you will avoid these pitfalls.