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The Process of a Truck Accident Lawsuit Many truck accidents result in victims suffering serious and lifelong injuries. They can cause significant medical expenses, lost wages and psychological damages. Your lawyer will prepare a Summons and Complaint against all parties liable. The process could last for several years. Since New York uses comparative fault rules, your lawyer will ensure that any shared responsibility is correctly assessed and allocated to defendants. Investigations A truck accident could be more serious than an auto accident. A truck accident can have devastating consequences for the person. The consequences are more complex because of the size and weight. These accidents also involve more complicated investigation. To protect their interests the trucking companies and insurance providers will often investigate immediately following a crash. The issue is that the victims are left to take care of their injuries, and aren't in a position to gather evidence. This leaves the injured at a disadvantage to the insurance company and trucking companies. A seasoned truck accident attorney knows to look for evidence from a variety of sources which include police reports witness statements and inspections of vehicles. A lawyer who is well-informed will not rely on reports from the police since they are typically insufficient for civil litigation. Police officers aren't taught to conduct a proper investigation and might fail to gather all the evidence needed to support the filing of a lawsuit. Other kinds of information could include logbook records and maintenance and service records from the truck. Data from the event data recording device (also known as the black box) is also available. A competent attorney will ask the driver of the truck and the trucking company for these types and other types of evidence and then carefully examine them to determine the causes of the accident. Expert Witnesses A expert witness from a truck accident can aid your attorney in proving various elements of the case. An expert in medicine could, for instance, provide proof to your lawyer that the crash caused your injuries. Your expert may also testify as to how your injuries will affect your future quality-of-life. Expert witnesses can assist your lawyer assess the damages like lost income and future earning capacity. An expert can look over the physical evidence and explain how your injuries will impact your future. For instance an expert in medical science will explain how the accident can impact your mental and physical well-being. A metallurgist is an additional type of expert who can determine the reasons why a car component failed. There are also experts who examine the way in which weather conditions could be a factor in the crash. Your expert's role is to offer an honest and objective view after analyzing the evidence. However, certain expert witnesses can become risky for your case if they are biased or have ties to the defendant's businesses. Your attorney can use an identity check to identify the risks and ensure that you have the most qualified experts in your case. Your lawyer will interview you, along with witnesses who were present at the incident prior to it happening. Be aware that the insurance companies of the defendants will attempt to convince you to admit guilt or make statements that they can twist and alter to make your case more difficult. Litigation Truck drivers are also required to obey traffic laws and drive with reasonable care. If they fail to do so and their negligence leads to an accident, then they could be held accountable for the damage that victims are left with. To prove the defendant's negligence, our lawyer will gather a range of evidence from eyewitnesses who witnessed the crash and give written or oral evidence about how the crash occurred. Our team will also look at a wide range of other evidence, like skid marks and areas of collision, and conduct crash tests. Sometimes the reason for an accident on the road is complicated and involves multiple parties. If federal way truck wreck lawyer was caused by defective equipment or maintenance that was not done properly, we can sue the makers or the trucks. We could also sue the repair shop or mechanic accountable for the repairs. We will attempt to settle your dispute out of court, however should the trucking firm or its insurance company is unwilling to accept a fair settlement offer then we will prepare for trial. In the trial where a judge or jury will decide on the dispute like who was at fault and how much compensation you should receive. The legal damages you receive will be determined in accordance with the totality of your losses. This includes financial, physical and emotional suffering. Statute of Limitations Knowing how these cases typically are handled can help you prepare for what's to come and give you an idea of the time it might take to resolve your case. Establishing liability is one of the most important steps. It is likely that a trucker who was drowsy, distracted, or otherwise impaired will be held responsible for the damages you suffered. There may be other parties also liable. If the crash was caused by poor repairs such as a mechanic or company that made the truck or its components could be held liable under the legal theory of respondeat superior. You may also be entitled to damages for punitive harm if the accountable person acted in a manner of recklessness that was more serious. To be able to prove this, you need to establish that the liable party acted in reckless disregard to your safety, or that of others. It is essential to work with an attorney who is familiar with the complexities of truck accident cases. Insurance companies and attorneys of the at-fault parties are often sheep in sheep's clothes and will try to get statements from you that they can use against you later. You can avoid these traps by hiring an attorney to handle your communications.