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The Process of a Truck Accident Lawsuit Many truck accidents cause victims to suffer severe and permanent injuries. Accidents can result in substantial medical expenses, loss of income and psychological damages. Your attorney will file a Summons and Complaint against all responsible parties. This process can take several years. Since New York uses comparative fault rules, your lawyer can ensure that any shared responsibility is correctly assessed and allocated to defendants. Investigations A truck accident can be more severe than an auto collision. The consequences of a collision with a truck can be life-changing and the impact can be more complex due to the weight and size of commercial trucks. These incidents also require more complicated investigation. To protect their interests trucking companies or insurance companies usually conduct investigations right after the accident. The victims are left to deal only with their injuries, and are unable to collect evidence. This puts them at a disadvantage compared to the insurance company and trucking company. A seasoned attorney for truck accidents is able to find evidence from numerous sources, including police reports, witness statements, and vehicle inspections. A lawyer who is knowledgeable will not rely on only police reports, as they are often insufficient for civil litigation. Police officers aren't properly trained to conduct an effective investigation and might not be able to gather all the evidence required to file an action. Other kinds of information include logbook records, maintenance and service records for the truck and the event data recorder (also called a black box), and more. An experienced attorney will seek these and other forms of evidence from the truck driver as well as the trucking company and carefully examine the evidence to determine what led to the accident. Expert Witnesses A professional witness can help your lawyer to prove different elements of your truck accident case. An expert in medicine, for example, can give evidence to your attorney that the accident resulted in your injuries. Experts can also testify regarding how your injuries could affect your life-style and quality of living. Expert witnesses can also assist your lawyer assess the value of your losses, including lost income and loss of future earning capacity. A medical professional can analyze the physical evidence and explain how your injuries will impact your future. For instance, a medical expert can explain how your accident will impact you in terms of physical and mental health. Another kind of expert is a metallurgist that can determine the reason why a component of a vehicle failed. There are also experts who can analyze how the weather may be a factor in the crash. The primary function of an expert witness is to evaluate the evidence and provide an impartial opinion. However, some expert witnesses can become a liability risk in your case if they're biased or have ties to the defendant's businesses. Your attorney can perform an investigation of the background of the expert witness to find out any risks that could be present. Your attorney will interview you, along with any other eyewitnesses that witnessed the accident before it happened. You should 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 Like any other driver truck drivers are also required to obey traffic laws. obligation to follow traffic laws and to exercise reasonable care while driving. If they do not fulfill this obligation and their negligence results in an accident, they could be held responsible for damages caused by the accident to those who were injured in the collision. To establish the defendant's negligence, our lawyer will gather array of evidence from witnesses who witnessed the crash and provide written or oral testimony about how the crash occurred. Our team will also study a wide range of other evidence, such as skid marks and areas of collision, and conduct crash tests. Sometimes, the reason for an accident involving a truck can be complex and involves multiple parties. For example, if the truck crash was caused by defective equipment or inadequate maintenance, we could sue the manufacturers of that equipment or the trucks themselves. We could also sue the mechanic or repair shop who performed the repairs. hillsboro truck accident attorney will attempt to resolve your case outside of the courtroom. If, however, the trucking company or its insurer is unwilling to accept a fair settlement then we will prepare to go to trial. During the trial the jury or judge will decide on issues that are disputed, such as who was at fault for the accident and the amount of compensation you must be awarded. The total of your legal damages will be based on the losses you have documented, which include financial, physical and emotional pain. Statute of Limitations While navigating the legal process after a truck accident can be confusing, knowing the way these cases are handled can help you prepare for the future and give you a better sense of the length of time your case may take. One of the most important actions is to establish liability. It is possible that a trucker who was drowsy or distracted or impaired will be held accountable for the harm you suffered. However, there may be other parties accountable as well. If the crash was caused by faulty repairs such as a mechanic or company that made the truck or its components could be held responsible according to the legal theory of respondeat superior. You could also be entitled to damages for punitive if the guilty party committed an act of recklessness that was more severe. To prove this, we need to establish that the liable party acted in reckless disregard for your safety or the safety of others. It is essential to work with an attorney who is familiar with the complexities involved in truck accidents. Insurance companies and the at-fault parties' attorneys are frequently sheep in sheep's clothes and will try to obtain information from you that they could use against you later. By having an attorney handle all communications, you will stay clear of these traps.