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The Process of a Truck Accident Lawsuit Accidents with trucks can cause severe and permanent injuries. These can result in significant medical costs as well as psychological damages. Your attorney will issue a Summons & Complaint to the parties who are liable. This process can take several years. Because New York uses comparative fault rules, your lawyer can ensure that any shared responsibility is correctly evaluated and distributed to defendants. Investigations A truck crash can be more serious than an auto crash. The consequences of a truck crash can be devastating and the impact is far more complicated due to the weight and size of a commercial truck. These accidents also involve more intricate investigation. To protect their interests trucking companies or insurance providers will often investigate immediately following the accident. The issue is that victims are left to take care of their injuries and are not capable of obtaining evidence. This puts them at a disadvantage comparison to the trucking company and insurance companies. A seasoned attorney for truck accidents knows to look for evidence from numerous sources that include police reports, witness statements, and inspections of vehicles. A lawyer who is well-informed does not rely on police reports alone because they are usually insufficient for civil litigation. Police officers aren't taught to conduct an effective investigation and could not be able to gather all the evidence needed to support an action. Other types of data include logbook records, maintenance and service records for the truck as well as data from the event data recorder (also called a black box), and more. A competent attorney will demand these as well as other types of evidence from the truck driver and the trucking firm, and then thoroughly analyze them to determine what caused the accident. Expert Witnesses An expert witness can assist your lawyer to prove different elements of your truck accident case. For instance medical experts can give your lawyer proof that the crash resulted in your injuries. Your expert may be able to testify on the impact your injuries will have on your quality of life in the future. Expert witnesses can help your lawyer calculate the amount of damages, such as lost income and your future earning capacity. Experts can review physical evidence and discuss the consequences of your injury on your future. A medical expert for instance, can explain how your accident might impact your physical and mental health. Another type of expert is a metallurgist that can analyze why a vehicle part failed. There are also experts who examine the way in which weather conditions could have contributed to the crash. Your expert's job is to provide an unbiased and impartial opinion after having analyzed the evidence. Certain expert witnesses could be a liability to your case if their opinions are biased or they have connections to the defendants. Your lawyer can conduct a background check to find these risks and ensure you have the top experts in your case. Your attorney will interview you, as well as any other eyewitnesses that witnessed the incident prior to it happening. It is important to keep in mind that the insurance companies of the defendants will try to convince you to admit guilt or make statements they can twist and alter to undermine your claim. Litigation Truck drivers are also required to follow traffic laws and use reasonable care when driving. If they do not follow the rules and their negligence causes an accident, then they could be held responsible for the damage that victims suffer. Our lawyer will obtain evidence from eyewitnesses and seek oral or written testimony to prove the defendant was negligent. Our team will also review other evidence such as skidmarks and points of impact. They will also 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 maintenance that was not done properly, we could sue the manufacturers or the truck. We could also claim against the mechanic who did the repairs or the repair shop. We will try to resolve your case out of court, however in the event that the trucking company, or its insurer refuses to accept an appropriate settlement offer, we will prepare for trial. During the trial the jury or judge will decide on any disputed issues like who was at fault for the crash and what amount of compensation you are entitled to receive. The amount of your legal damages will be determined based on your documented losses, which include financial, physical and emotional pain. Statute of limitations Knowing how these cases typically are handled can help you prepare for the future and provide you with an idea of how long it may take to settle your case. san bernardino truck accident attorney of the most crucial steps is to establish the responsibility. If an truck driver was sleepy or distracted, as an example it is likely that they will be held responsible for the damages you suffered. There could be other parties also accountable. For instance, if a crash resulted from poor repairs, for instance, a mechanic who completed the work or a business that made the truck or its components could be held accountable in the legal concept of respondeat superior. It's also possible that the accountable party was guilty of a more serious risky act, which might entitle you to punitive damages. To be able to prove this, we must to establish that the liable party acted recklessly to your safety, or that of others. It is crucial to choose an attorney who is familiar with the complexities of truck accident cases. Insurance companies and the at-fault parties' attorneys are frequently sheep in sheep's clothes and will try to get statements from you that they may use against you later. By having an attorney manage all communications, it is possible to stay clear of these traps.