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The Process of a Truck Accident Lawsuit Accidents involving trucks can cause serious and permanent injuries. These can lead to significant medical costs, lost wages and psychological harm. Your lawyer will prepare an 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 responsibility is properly evaluated and distributed to defendants. Investigations A truck accident can be more serious than a car accident. The consequences of a truck crash can be devastating and the resulting damage is more complicated due to the size and weight of a commercial truck. These accidents also require more complex investigations. 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 leaves them in a position of disadvantage compared to the insurance company and trucking companies. A truck accident lawyer who is skilled will look for evidence from a variety of sources, such as witness testimony, police reports, and vehicle inspections. A lawyer who is experienced does not rely on the reports of police officers alone as they can be insufficient for civil litigation. Police officers might not be equipped to conduct an investigation properly and they may not be able to gather all the evidence required to support the court case. Other kinds of information include logbook records maintenance and service records for the truck, data from the event data recorder (also known as a black box) and many more. An experienced attorney will seek these and other forms of evidence from the truck driver and the trucking company and then carefully 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 an expert in medicine can give your lawyer proof that the crash caused your injuries. Your expert will also testify on how your injuries will affect your future quality of life. Expert witnesses can help your lawyer calculate the value of your losses, including lost income and loss of earning capacity in the future. Experts can review physical evidence and explain the impact of your injury on your future. A medical professional can, for instance, explain how your accident may affect your physical and mental health. A metallurgist is a different kind of expert who can determine the reasons why a vehicle component failed. There are also experts who can analyze how the weather may have caused the crash. Your expert's role is to offer an honest and objective opinion after having examined the evidence. Some experts could be a liability to your case when their opinions are biased or they have ties with the defendants. Your attorney can perform an investigation into the background of the expert witness to find out any risks. Your attorney will conduct an interview with you, as well as any other eyewitnesses that witnessed the accident before it happened. Be aware that the insurance companies of the defendants will attempt to convince you to acknowledge your responsibility or make statements that they can twist or alter to reduce your chances of winning. Litigation Truck drivers are also required to observe traffic laws and drive with reasonable care. If they do not fulfill this obligation and their negligence leads to a crash, they could be held liable for the injuries incurred by the victims of that collision. Our lawyer will gather evidence from eyewitnesses, and get oral or written testimony to prove that the defendant was negligent. Our team will also review a wide range of other evidences, including skid marks or points of impact, and will conduct crash tests. Sometimes, the reason for an accident involving a truck can be complex and involves multiple parties. If the truck accident was caused by defective equipment or improper maintenance, we can sue the makers or the truck. We might also sue the mechanic or repair shop responsible for performing the repairs. We will try to resolve your dispute outside of the courtroom. However, if the trucking company or its insurer does not agree to an equitable settlement then we will prepare to go to trial. In trial the judge or jury will decide on issues that are disputed like who was the culprit and what amount of compensation you should receive. The legal damages you receive will be determined based on the total of your losses, which includes physical, financial, and emotional suffering. Statute of limitations Knowing how these cases typically go about their business can help you prepare for what lies ahead and provide you with an idea of how long it will take to resolve your case. The process of establishing liability is among the most crucial steps. It is possible that a trucker who was drowsy or distracted or impaired will be held accountable for the harm you suffered. There could be other parties as well. If the accident was caused by faulty repairs and/or a mechanic, then the company that manufactured the truck or its components could be held accountable according to the legal theory of respondeat superior. It is also possible that the person who is responsible did a greater risky act, which might entitle you to punitive damages. To prove westminster truck accident lawsuit , we need to prove that the responsible party acted in reckless disregard for your safety or that of others. It's essential to find an attorney who understands the complexities involved in truck accidents. Insurance companies and at-fault parties' attorneys are frequently as wolves in sheep's clothes and will try to get statements from you that they could use against you in the future. You can avoid these pitfalls by having an attorney handle your communications.