The Process of a Truck Accident Lawsuit
Many truck accidents leave victims with severe and lifelong injuries. portsmouth truck accident lawsuit can result in massive medical expenses, loss of income, and psychological damage.
Your attorney will prepare a Summons and Complaint against all liable parties. This process can last several years. Your lawyer can assist you determine whether any shared responsibility been properly assessed and allocated.
Investigations
A truck crash can be more severe than a car accident. The consequences of a truck accident can be devastating and the impact can be more complicated due to the size and weight of commercial trucks. These incidents also require more complicated investigation.
As a result, insurance companies and trucking companies typically conduct their own investigation immediately following the incident to protect their interests. The victims are left to deal with their injuries, and they are unable to collect evidence. This puts them at a disadvantage in comparison to the trucking company and insurance provider.
A seasoned truck accident attorney is able to find evidence from various sources such as police reports, witness statements and inspections of vehicles. A lawyer who is experienced cannot rely solely on the reports of police officers alone as they can be insufficient for civil litigation. Police officers aren't taught to conduct a proper investigation, and they may fail to gather all the evidence needed to support an action.
Other types of information might include logbook entries and maintenance and service records from the truck. Data from the device for recording events (also known by the name black box) is also available. An experienced attorney will seek these and other forms of evidence from the truck driver and trucking company and carefully examine them to determine the cause of the accident.
Expert Witnesses
A truck accident expert witness can help your attorney prove various aspects of the case. A medical professional for instance, can provide proof to your lawyer that the accident led to your injuries. Your expert may also testify as to the impact your injuries will have on your quality of life in the future. Expert witnesses can help your lawyer calculate the amount of damages like lost income and future earning capacity.
An expert can look over the physical evidence and explain the impact of your injury on your future. For example an expert in medical science can explain how your accident will impact your mental and physical well-being. Another type of expert is a metallurgist, who can examine the reasons why a part of a car failed. There are experts who can determine if the weather was a factor in the crash.
Your expert's job 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 companies. Your attorney can perform a background check on the expert witness to determine any risks that could be present.
Your attorney will interview you, as well as any other eyewitnesses that witnessed the accident before it happened. You should be aware that the insurance companies of the defendants will attempt to convince you to admit guilt or make statements which they can twist and alter to make it appear as though they are trying to undermine your case.
Litigation
As with all drivers truckers are required by law to adhere to a obligation to follow traffic laws and to use reasonable care on the road. If they do not comply and their negligence results in a crash, then they could be held accountable for the injuries that the victims suffer.
Our attorney will collect evidence from eyewitnesses and obtain written or oral evidence to prove that the defendant was negligent. Our team will also review various other evidence, including skid marks and areas of impact, as well as conduct crash tests.
Sometimes, the reason for an accident involving a truck is complex and involves multiple parties. If the accident was caused by defective equipment or improper maintenance, we can sue the makers or the truck. We might also sue the mechanic who performed the repairs or the repair shop.
We will try to resolve your case outside of the courtroom. If, however, the trucking firm or its insurance company refuses to negotiate a fair settlement and we are unable to reach a fair settlement, we will go to trial. During the trial, a judge or jury will rule on disputed issues such as who was responsible for the crash and the amount of compensation you are entitled to receive. The amount of your legal damages will be based on the losses you have documented, which comprise financial, physical and emotional pain.
Statute of Limitations
Understanding 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 may take to resolve your case.
Establishing liability is one of the most crucial steps. It is likely that a trucker who was drunk or distracted or impaired will be held accountable for the harm you suffered. There could be other parties equally responsible. If the crash was caused by poor repairs or a mechanic, then a company that manufactured the truck or its components could be held liable according to the legal theory of respondeat superior.
You may also be entitled to punitive damages if the responsible person committed an act of recklessness that was more acrimonious. To determine this, we must prove that they behaved in a reckless and reckless manner with a disregard for your safety as well as that of others.
It's important to work with an attorney who understands the complexities of truck accidents. Insurance companies and lawyers for the at-fault party are often sheepskin wolves and will attempt to convince you to sign documents that they later use against you. You can avoid these traps by hiring an attorney to manage your communications.