gresham truck accident law firm of a Truck Accident Lawsuit
Many truck accidents leave victims with serious and lifelong injuries. These accidents can result in substantial medical expenses, loss of income, and psychological injuries.
Your lawyer will issue an Summons & Complaint to all parties that are responsible. This process can take several years. Since New York uses comparative fault rules, your lawyer will ensure that any shared responsibility is correctly defined and allocated to defendants.
Investigations
A truck crash can be more severe than a car accident. A truck accident could have life-changing consequences. The consequences are more complicated due to the size and weight. These incidents also require more complicated investigation.
To protect their interests trucking companies or insurance providers will often conduct their investigations immediately after the incident. The victims are left to deal only with their injuries, and they are unable to collect evidence. This puts them at a disadvantage in comparison to the trucking company and insurance company.
A seasoned truck accident attorney can find evidence from various sources such as police reports, witness statements and vehicle inspections. A seasoned attorney will not depend solely on police reports, however, as these documents are not always sufficient for civil litigation purposes. Police officers might not be trained to conduct an investigation correctly and may not collect all the evidence needed to file a lawsuit.
Other types of information might include logbook records and maintenance and service records from the truck. Data from the device for recording events (also known as the black box) is also available. An experienced attorney will ask the driver of the truck and the trucking company for these and other forms of evidence, and then look over them to determine cause of the accident.
Expert Witnesses
A expert witness in a truck accident can aid your lawyer in proving different elements of the case. Medical experts, for example, can prove to your lawyer that the accident led to your injuries. Your expert can also testify as to how your injuries will affect your future quality of life. Expert witnesses can also assist your lawyer assess the value of your injuries, which includes lost income and loss of earning capacity in the future.
Experts can review physical evidence and discuss the consequences of your injury on your future. For instance an expert in medical science will explain how the accident will impact your physical and mental health. Another type of expert is a metallurgist who will analyze why a vehicle part failed. There are experts who can determine if weather was a factor in the crash.
Your expert's role is to offer an honest and objective opinion after examining the evidence. Expert witnesses can be a liability in your case if their opinions are biased or they have connections to the defendants. Your lawyer can conduct an investigation of the background of the expert witness in order to identify any risks that could be present.
Your attorney will conduct an interview with you, as well as any other eyewitnesses who witnessed the accident prior to it taking place. 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 deform to reduce your chances of winning.
Litigation
Truck drivers are also required to observe traffic laws and use reasonable care when driving. If they do not follow the rules and their negligence results in an accident, they could be held liable for the injuries that victims are liable for.
Our lawyer will gather evidence from eyewitnesses as well as written or oral evidence to prove that the defendant was negligent. Our team will also review other evidence like skidmarks and points of impact and conduct crash testing.
Sometimes, the reason for a truck accident is complicated and involves multiple parties. For instance, if the truck crash 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 repair shop or mechanic accountable for the repairs.
We will attempt to settle your case outside of court, but if the trucking company or its insurance company refuses to make an equitable settlement offer then we will prepare for trial. During the trial the jury or judge will rule on disputed issues like who was responsible for the accident and the amount of compensation you must be awarded. The amount of your legal damages will be based on your documented losses, which include physical, financial and emotional pain.
Statute of limitations
While the legal process following a truck accident may be confusing, knowing the way these cases are handled will help you anticipate what's to come and give you a better sense of how long your case could take.
Finding out who is responsible is one of the most important steps. It is possible that a trucker who was drowsy, distracted, or otherwise impaired will be held responsible for the damages you have suffered. However, there might be other parties equally responsible. If the accident was caused by faulty repairs, then a mechanic or company that manufactured the truck or its components could be held responsible under the legal theory of respondeat superior.
You may also be entitled to damages for punitive acts if the responsible person acted in a manner of recklessness that was more severe. To establish this, we have to prove that the liable party acted recklessly of your safety or that of others.
It's crucial to work with a lawyer who is familiar with the complexities of truck accident cases. Insurance firms and attorneys for the at-fault party are often wolves in sheepskins and will try to get you to give statements which they later use against you. If you hire an attorney to handle all communications, you'll avoid these traps.
