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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 lawyer will prepare a Summons and Complaint against all responsible parties. This process can last several years. Because New York uses comparative fault rules, your lawyer can ensure that any shared responsibility is correctly determined and assigned to defendants. Investigations When someone is injured in a truck crash, there is a lot more at stake than an auto accident. A truck crash can have devastating consequences for the person. The impact is more complex because of the weight and size. These accidents also require more intricate investigation. Due to this, insurance companies and trucking firms often conduct their own investigations following an accident to protect their interests. The issue is that victims are left to take care of their injuries, and aren't able to collect evidence. This leaves them at a disadvantage when compared to the insurance company and trucking company. A truck accident lawyer with experience will search for evidence in a variety of sources, including witness testimony, police reports and vehicle inspections. east orange truck wreck lawyer who is well-informed cannot rely solely on reports from the police, as they are often insufficient for civil litigation. Police officers are not trained to conduct an appropriate investigation and might not gather all the evidence needed for the filing of a lawsuit. Other types of data 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 as well as the trucking company for these and other kinds of evidence and then carefully look over them to determine cause of the accident. Expert Witnesses A professional witness can help your lawyer to prove different elements of your truck accident case. A medical professional is a good example. They can prove to your attorney that the accident resulted in your injuries. Your expert may also testify regarding the impact your injuries will have on your future quality of life. Expert witnesses can help your lawyer assess the damages which include lost income and future earning capacity. Your expert can review the physical evidence and explain how your injuries will impact your future. A medical professional, for example, can explain how your accident may affect your physical and mental health. Another kind of expert is a metallurgist, who can analyze why a vehicle part failed. Experts can determine if weather was a factor in the crash. Your expert's responsibility is to provide an impartial and objective view after analyzing the evidence. Expert witnesses can be a liability in your case when their opinions are skewed or they have ties with the defendants. Your lawyer can conduct a background check on the expert witness to identify any risks that could be present. Apart from experts, your lawyer will also question you and other eyewitnesses. This includes witnesses who witnessed the crash take place before it happened. Be aware that the insurance companies of the defendants will try to convince you to admit guilt or provide statements that they can twist and change to make it appear as though they are trying to undermine your case. Litigation Just like other drivers, truck drivers have a obligation to observe traffic laws and to exercise reasonable care when driving. If they do not fulfill this obligation and their negligence leads to a crash, they may be held accountable for accident damages suffered by those who were injured in the crash. Our attorney will collect evidence from eyewitnesses, and get oral or written testimony to prove that the defendant was negligent. Our team will also look at a wide range of other evidences, including skid marks and points of impact, and conduct crash tests. Sometimes, the reason for an accident involving a truck is complex and involves multiple parties. For example, if the truck crash was caused by defective equipment or poor maintenance, we might bring a lawsuit against the manufacturer of the equipment or the trucks themselves. We could also sue the repair shop or mechanic responsible for performing the repairs. We will endeavor to resolve your dispute out of court, however in the event that the trucking company, or its insurance company refuses to accept an equitable settlement offer, we will prepare for trial. In the trial, a jury or judge will rule on disputes like who was the culprit and the amount of compensation you should receive. Your legal damages will be calculated based on the total of your losses, including financial, physical, and emotional pain. Statute of limitations Understanding how these cases usually 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 steps is to establish liability. It is possible that a trucker who was drowsy or distracted or impaired will be held accountable for the damages you have suffered. There could be other parties as well. If the accident was the result of poor repairs and/or a mechanic, then the company that made the truck or its components could be held accountable in the context of the law governing respondeat superior. You could also be entitled to damages for punitive harm if the accountable party acted with recklessness that was more severe. To establish this, we have to prove that the responsible party acted in reckless disregard for your safety or that of others. It is essential to work with an attorney who is knowledgeable with the complexities of truck accident cases. Insurance companies and the at-fault parties' attorneys are often the wolves in sheep's clothing who will try to collect statements from you that they may use against you in the future. You can avoid these traps by hiring an attorney to manage your communications.