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The Process of a Truck Accident Lawsuit Truck accidents can result in severe and permanent injuries. These accidents can cause significant medical expenses, lost income, and psychological injuries. Your attorney will make a Summons and Complaint against all responsible parties. This process could take many years. Because New York uses comparative fault rules, your lawyer will ensure that any shared responsibility is properly assessed and allocated to defendants. Investigations If someone is injured in a crash involving a truck, there is a lot more at stake than in an auto accident. The consequences of a truck accident can be life-altering and the resulting damage is more complicated due to the size and weight of commercial trucks. These accidents also require more sophisticated investigations. Due to this, insurance companies and trucking companies typically conduct their own investigations right after an accident 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 leaves them in a position of disadvantage compared to the insurance company and trucking company. A truck accident lawyer who is skilled will look for evidence in a variety of sources, including police reports, witness testimony and vehicle inspections. A lawyer who is well-informed will not rely on only police reports, as they are often not sufficient for civil litigation. Police officers aren't properly trained to conduct a proper investigation and may not be able to gather all the evidence required to file a lawsuit. Other types of information may include logbook records and maintenance and service records from the truck. Data from the event data recording device (also known as a black box) is also available. A competent attorney will demand these and other forms of evidence from the truck driver and trucking company and carefully examine the evidence to determine what led to the accident. Expert Witnesses A expert witness for a truck accident could help your attorney prove various aspects of the case. A medical professional could, for instance, prove to your lawyer that the accident caused your injuries. Experts can also testify as to how your injuries affect your quality of life in the future. Expert witnesses can assist your lawyer calculate the value of your damages, including lost income and loss of future earning capacity. Experts can examine the physical evidence and explain how your injury will impact your future. For example an expert in medical science can show how your accident will impact you in terms of physical and mental health. Another type of expert is a metallurgist who can identify the reason a part of a vehicle failed. There are also experts who can analyze how the weather may be a factor in the crash. The role of an expert witness is to offer an honest and objective opinion after examining the evidence. However, certain expert witnesses can become a liability risk for your case if they are biased or have ties to the defendant's companies. Your lawyer can conduct an investigation of the background of the expert witness to find out any potential risks. Your lawyer will interview you, along with witnesses who were present at the incident prior to it happening. It is important to note that the insurance companies of defendants will attempt to force you to admit fault or make statements they can twist and alter to deny your claim. Litigation Truck drivers must also adhere to traffic laws and drive with reasonable care. If they do not fulfill this duty and their negligence causes an accident, they could be held liable for the damage to the victims of the crash. Our lawyer will obtain evidence from eyewitnesses and obtain written or oral evidence to prove that the defendant was negligent. Our team will also study the various other evidence, like skid marks and areas of impact, as well as conduct crash tests. Sometimes, the reason for an accident involving a truck can be complex and involves multiple parties. For muncie truck wreck lawyer , if the truck crash was caused by defective equipment or inadequate maintenance, we might sue the manufacturers of that equipment or the trucks themselves. We might also sue the mechanic who performed the repairs or the repair shop. We will try to resolve your dispute outside of court. However, if the trucking firm or its insurer refuses a fair settlement, we will prepare to go to trial. During the trial in court, a jury or judge will decide on the merits of the dispute such as who was at fault for the crash and what amount of compensation you are entitled to receive. Your legal damages will be calculated in accordance with the totality of your losses. This includes financial, physical and emotional pain. Statute of Limitations Understanding how these cases normally take place can help you prepare for what is to come and provide you with an idea of the time it might take to settle your case. One of the most important steps is to establish the responsibility. It is possible that a trucker who was drunk, distracted, or otherwise impaired will be held responsible for the harm you suffered. There may be other parties that are as well. For instance, if the accident was caused by poor repairs such as a mechanic who performed the work or a company which made the truck or its parts could be held liable according to the legal doctrine of respondeat superior. It's also possible that accountable party did a greater risky act, which could result in punitive damages. To prove this, we need to prove that the liable party was reckless for your safety or the safety of others. It is vital to hire an attorney who is experienced with the complexities involved in truck accident cases. Insurance companies and attorneys for at-fault party are usually sheepskins in wolves and will try to get you to sign statements that they can later use against you. You can avoid these traps by having an attorney manage your communications.