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The Process of a Truck Accident Lawsuit Many truck accidents leave victims with severe and lifelong injuries. They can result in substantial medical expenses, lost wages and psychological damages. Your lawyer will file a Summons and Complaint against all parties liable. The process can take a few years. Since New York uses comparative fault rules, your lawyer can ensure that any shared responsibility is correctly defined and allocated to defendants. Investigations If someone is injured in a truck accident, there is a lot more at stake than in a car crash. The effects of a crash involving a truck could be catastrophic and the impact is more complex due to the weight and size of a commercial truck. These accidents also require more complicated investigations. This is why insurance companies and trucking companies frequently conduct their own investigations following a crash to protect their interests. The victims are left to deal with their injuries, and they are not able to gather evidence. This leaves them at a disadvantage when compared to the insurance company and trucking company. A skilled truck accident lawyer knows to look for evidence from numerous sources that include police reports, witness statements and vehicle inspections. A seasoned attorney will not only rely on police reports however, as these reports are typically not adequate for civil litigation. Police officers might not be equipped to conduct an investigation correctly and may not collect all the evidence required for an action. Other kinds of data include logbook records maintenance and service records for the truck and other equipment, data from the event data recorder (also called a black box) and more. An experienced attorney will seek these and other forms of evidence from the truck driver and trucking firm, and then thoroughly analyze the evidence to determine what led to the accident. yorba linda truck accident lawsuit for a truck accident could assist your attorney in proving various aspects of the case. An expert in medicine is a good example. They can provide evidence to your lawyer that the crash caused your injuries. Your expert can also testify as to the impact your injuries will have on your life-style and quality of living. Expert witnesses can also help your lawyer calculate the value of your damages, including lost income and loss of earning capacity in the future. A medical professional can analyze the physical evidence and explain how your injury will affect your future. A medical expert, for example, can explain how your accident might impact your physical and mental health. A metallurgist is an additional type of expert who will analyze the causes behind why a component 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 view after analyzing the evidence. Certain expert witnesses could be a liability for your case if their opinions are biased or they have ties with the defendants. Your attorney can perform a background check on the expert witness in order to identify any risks that could be present. Your lawyer will interview you, as well as witnesses who were present at the incident before it occurred. It is important to keep in mind that the defendants' insurance companies will attempt to force you to admit guilt or make statements that they can twist or distort to diminish your case. Litigation Truck drivers are also required to observe traffic laws and take reasonable care when driving. If they fail to do so and their carelessness causes an accident, they could be held responsible for the damage that victims are liable for. To prove the defendant's negligence, our lawyer will collect a number of eyewitnesses who witnessed the crash and provide written or oral evidence about the circumstances of the collision. Our team will also review the various other evidences, including skid marks or points of impact, as well as conduct crash tests. Sometimes, the cause of an accident involving a truck is complex and involves multiple parties. If the truck crash was caused by defective equipment or improper maintenance, then we could sue the manufacturers or the trucks. We could also sue the mechanic who made the repairs or the repair shop. We will endeavor to resolve your case out of court, but in the event that the trucking company, or its insurer is unable to accept an acceptable settlement offer then we will prepare for trial. During the trial the judge or jury will decide on any disputed issues such as who was at fault for the crash and what amount of compensation you must be awarded. The legal damages you receive will be determined based on the total of your losses. This includes financial, physical, and emotional pain. Statute of limitations Although the legal process following a truck crash can be a bit complicated, knowing the typical procedure for these cases can help you plan for what's ahead and give you a better sense of the length of time your case may take. One of the most crucial steps is to establish the responsibility. It is likely that a trucker who was drunk or distracted or impaired will be held responsible for the damages you have suffered. There may be other parties that are also accountable. For instance, if the crash was caused by poor repairs, for instance, an individual mechanic who did the work or a company that made the truck or its parts could be held accountable according to the legal doctrine of respondeat superior. It's also possible that responsible party has did a greater reckless act that might entitle you to punitive damages. To be able to prove this, we must to prove that the liable party acted recklessly to your safety, or that of others. It is important to work with an attorney who is familiar with the complexities involved in truck accidents. Insurance companies and the attorneys of the at-fault parties are often wolves in sheep's clothing and will try to collect statements from you that they may use against you in the future. By having an attorney manage all communications, you will avoid these pitfalls.