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The Process of a Truck Accident Lawsuit Accidents with trucks can cause severe and permanent injuries. They can result in substantial medical expenses, lost wages and psychological harm. Your lawyer will prepare a Summons and Complaint to all the parties responsible. This process can take several years. Because New York uses comparative fault rules, your lawyer can ensure that any shared liability is properly defined and allocated to defendants. Investigations When someone is injured in a truck accident, there is a lot more at stake than an auto collision. The consequences of a truck crash could be catastrophic and the impact is more complex due to the weight and size of a commercial truck. These incidents also require more complicated investigation. To protect their interests trucking companies or insurance companies will usually conduct their investigations as soon as they are aware of an accident. The victims are left to deal only with their injuries, and are not able to gather evidence. This leaves them at a disadvantage when compared to the insurance provider and trucking company. A truck accident lawyer who has experience will look for evidence in a variety sources, including police reports, witness testimony and inspections of vehicles. A knowledgeable lawyer will not only rely on police reports however, as these documents are usually not sufficient for civil litigation purposes. Police officers aren't trained to conduct an effective investigation and could fail to gather all the evidence needed for a lawsuit. Other types of information might include logbook entries and 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 demand these and other forms of evidence from the truck driver and trucking company and carefully examine them to determine what caused the accident. Expert Witnesses An expert witness can aid your lawyer establish the various aspects of your truck accident case. For instance, a medical expert can prove to your lawyer that the crash caused your injuries. Your expert may also testify regarding the impact your injuries will have on your quality of life in the future. Expert witnesses can also help your lawyer determine the value of your injuries, which includes lost income and loss of earning capacity in the future. Experts can examine the physical evidence and explain how your injuries will impact your future. A medical professional for instance, can explain how your accident may affect your physical and mental health. Another type of expert is a metallurgist who will determine the reason why a component of a vehicle failed. There are also experts who analyze how the weather may be a factor in the crash. The primary function of an expert witness is to analyze the evidence and give an impartial opinion. Some expert witnesses may be a liability for your case if their opinions are biased or if they have ties to the defendants. Your lawyer can conduct a background check to find these risks and ensure that you have the best expert witnesses available. In addition to experts, your lawyer will also interview you as well as witnesses, including witnesses who witnessed the crash occurring before it happened. Be aware that the insurance companies of the defendants will try to get your to admit fault or make statements that they can twist or alter to reduce your chances of winning. Litigation Just like other drivers truck drivers also have a obligation to observe traffic rules and take reasonable care while driving. If they fail to fulfill this duty and their negligence leads to a crash, they may be held accountable for damage to those who were injured in the collision. To prove the defendant's negligence, our lawyer will gather variety of evidence from eyewitnesses who witnessed the crash and provide written or oral evidence about the manner in which the collision took place. Our team will also review the various other evidences, including skid marks and areas of collision, and conduct crash tests. Sometimes the cause of 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 seek to sue the producers of that equipment or the trucks themselves. We could also sue the mechanic who performed the repairs or the repair shop. We will attempt to settle your case out of court, however if the trucking company or its insurer refuses to accept an appropriate settlement offer and we prepare for trial. During trial the judge or jury will decide on the dispute like who was the culprit and what compensation you should receive. The legal damages you receive will be calculated in accordance with the totality of your losses, including physical, financial, and emotional pain. Statute of limitations Knowing how these cases typically go about their business can help you prepare for what lies ahead and give you an idea of how long it could take to resolve your case. The process of establishing liability is among the most important steps. If a truck driver was drowsy or distracted, for instance then it is likely that they will be held responsible for your losses. However, there might be other parties also liable. If the accident was the result of poor repairs and/or a mechanic, then the company that manufactured the truck or its components could be held accountable under the legal theory of respondeat superior. It's also possible that the person who is responsible committed a more severe act of recklessness, which could be grounds for you to receive punitive damages. In order to prove this, you must prove that they acted in a reckless and reckless manner with a disregard for your safety and that of others. It's crucial to work with an attorney who is experienced with the complexities involved in truck accident cases. Insurance companies and attorneys of the at-fault parties are frequently sheep in sheep's clothes and will try to collect statements from you which they can use against you later. If glendale truck accident lawyer have an attorney handling all communications, you can avoid these pitfalls.