ticketowl7
User Name: You need to be a registered (and logged in) user to view username.
Total Articles : 0
The Process of a Truck Accident Lawsuit Many truck accidents result in victims suffering severe and permanent injuries These can lead to significant medical expenses lost wages and psychological trauma Your attorney will make a Summons and Complaint against all parties liable The process could last for several years Because New York uses comparative fault rules your lawyer will ensure that any shared responsibility is appropriately assessed and allocated to defendants Investigations A truck accident could be more severe than an auto crash The consequences of a truck accident could be catastrophic and the impact can be more complicated due to the size and weight of a commercial truck These accidents also require more intricate investigation To protect their interests in the event of a crash trucking firms or insurance companies will usually conduct their investigations immediately after an accident The victims are left to deal only with their injuries and are unable to collect evidence This puts them at a disadvantage in comparison to the trucking company and insurance provider A truck accident lawyer who is skilled will look for evidence in a variety sources including witness testimony police reports and inspections of vehicles A seasoned lawyer wont only rely on police reports however because these documents are typically not adequate for civil litigation Police officers might not be equipped to conduct an investigation properly and they may not be able to gather all the evidence needed for an action Other types of information may include logbook records maintenance and service records from the truck The data from the event data recording device also known as a black box is also available A competent attorney will ask the driver of the truck and the trucking company for these and other kinds of evidence and then carefully look over them to determine causes of the accident Expert Witnesses A expert witness for a truck accident could aid your attorney in proving different aspects of the case For example an expert in medical science can prove to your lawyer that the crash resulted in your injuries Your expert can also testify about how your injuries could affect your lifestyle and quality of living Expert witnesses can also help your lawyer calculate the value of your losses including lost income and loss of earning capacity in the future Your expert can review the physical evidence and explain the impact of your injury on your future For example a medical expert can demonstrate how your accident can impact your physical and mental wellbeing A metallurgist is a different kind of expert that can examine the reasons why a vehicle component failed There are also experts who determine if the weather could have contributed to the crash The main function of your expert witness is to analyze the evidence and give an unbiased opinion Certain expert witnesses could be a liability to your case when their opinions are biased or they are associated with the defendants Your lawyer can conduct an investigation into their background to determine these risks and ensure that you have the top experts on your side Aside from expert witnesses your lawyer will also interview you and other eyewitnesses This includes witnesses who witnessed the crash taking place prior to when it happened Be aware that the insurance companies of the defendants will try to convince you to admit fault or make statements that they can twist and change to reduce your chances of winning Litigation As with all drivers truck drivers have a obligation to observe traffic rules and to take reasonable care when driving If they do not comply and their negligence leads to an accident then they could be held liable for the damage that the victims are liable for To demonstrate independence truck accident lawsuit our lawyer will gather a array of evidence from witnesses who witnessed the crash and give oral or written evidence of the manner in which the collision took place Our team will also look at other evidence like skidmarks as well as points of impact We will also conduct crash testing Sometimes the reason for an accident involving a truck is complex with multiple parties For example if the truck accident was caused by defective equipment or inadequate maintenance we could bring a lawsuit against the manufacturer of the equipment or the trucks themselves We might also sue the mechanic or repair shop responsible for the repairs We will try to resolve your dispute outside of the courtroom If however the trucking company or its insurer does not agree to a fair settlement then we will prepare to go to trial In the trial the judge or jury will decide on disputed issues such as who is at fault and how much compensation you should get The total of your legal damages will be based on your documented losses which include financial physical and emotional suffering Statute of Limitations Understanding how these cases normally are handled can help you prepare for whats to come and give you an idea of how long it could take to settle your case One of the most important steps is establishing the liability If the truck driver was drunk or distracted for instance it is likely that theyll be held accountable for the damages However there might be other parties equally responsible If the accident was the result of poor repair then a mechanic or company that manufactured the truck or its components could be held liable according to the legal theory of respondeat superior Its also possible that liable party was guilty of a more serious risky act which could result in punitive damages To establish this we have to prove that the liable party was reckless for your safety or that of others It is essential to work with a lawyer who is familiar with the complexities of truck accident cases Insurance companies and the attorneys of the atfault parties are frequently the wolves in sheeps clothing who will try to collect statements from you that they may use against you later If you have an attorney handling all communications you can avoid these pitfalls