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The Process of a Truck Accident Lawsuit Many truck accidents leave victims with lifelong and severe injuries. These accidents can lead to significant medical expenses, lost income and psychological traumas. Your lawyer will make an Summons and Complaint to all the parties responsible. This process can last several years. Because New York uses comparative fault rules, your lawyer can ensure that any shared responsibility is correctly defined and allocated to defendants. Investigations When someone is injured in a truck crash, there is a lot more at stake than in an auto accident. The consequences of a collision with a truck could be catastrophic and the impact can be more complex due to the size and weight of commercial trucks. These accidents also require more complicated investigation. norwalk truck accident attorney is why insurance companies and trucking companies frequently conduct their own investigation immediately following an accident to protect their interests. The victims are left to deal with their injuries, and are not able to gather evidence. This puts them in a position of disadvantage compared to the insurance provider and trucking companies. A skilled truck accident lawyer is able to find evidence from a variety of sources such as police reports, witness statements, and inspections of vehicles. A seasoned lawyer won't just rely on police reports however, as these reports are not always sufficient for civil litigation. Police officers aren't always equipped to conduct an investigation properly and might not gather all the evidence needed for an action. Other kinds of information include logbook records, maintenance and service records for the truck and the event data recorder (also called a black box) and more. A competent attorney will ask the truck driver and the trucking company for these and other types of evidence, and then look over them to determine root of the accident. Expert Witnesses A professional witness can help your lawyer establish the various aspects of your truck accident case. For example an expert in medicine can give your lawyer proof that the crash caused your injuries. Your expert can also testify about how your injuries affect your future quality of life. Expert witnesses can also help your lawyer calculate the value of your losses, including lost income and loss of future earning capacity. Your expert can review physical evidence and explain the impact of your injury on your future. For instance medical experts can demonstrate how your accident can impact your mental and physical well-being. A metallurgist is a different kind of expert that can examine the reasons why a car component failed. There are also experts who analyze how the weather may have contributed to the crash. A key role of your expert witness is to analyze the evidence and offer an impartial opinion. However, certain expert witnesses could be an issue in your case if they are biased or have ties to the defendants' companies. Your attorney can perform an investigation of the background of the expert witness to identify any risks. Your attorney will conduct an interview with you, along with any other eyewitnesses who saw the incident prior to it happening. It is important to remember that the insurance companies of the defendants will try to get you to admit that they are at fault or to make claims they can twist and alter to diminish your case. Litigation Truck drivers must also adhere to traffic laws and operate with reasonable care. If they do not comply and their negligence causes an accident, then they could be held liable for the damages caused by the accident the victims are liable for. Our lawyer will collect evidence from eyewitnesses and obtain written or oral testimony to prove that the defendant was negligent. Our team will also examine an array of other evidence, like skid marks and points of impact, as well as conduct crash tests. Sometimes, the reason for an accident involving a truck can be complex and involves multiple parties. If the accident was caused by defective equipment, or improper maintenance, then we could sue the manufacturer or the trucks. We could also sue the repair shop or mechanic accountable for the repairs. We will try to resolve your dispute outside of court, however should the trucking company or its insurer refuses to accept an equitable settlement offer and we prepare for trial. During the trial in court, a jury or judge will rule on disputed issues such as who was at fault for the accident and what amount of compensation you must receive. The total of your legal damages will be determined based on the losses you have documented, which comprise financial, physical and emotional suffering. Statute of limitations Although navigating the legal system following a crash with a truck can be complicated, understanding the typical procedure for these cases can help you prepare for what is ahead and give you a better sense of how long your case could take. One of the most important actions is to establish the responsibility. If an truck driver was sleepy or distracted, for example it is likely that they'll be held accountable for the damages you suffered. There could be other parties that are also accountable. If the accident was caused by poor repairs such as a mechanic or company that manufactured the truck or its components could be held liable in the context of the law governing respondeat superior. It's also possible that accountable party was guilty of a more serious reckless act that could be grounds for you to receive punitive damages. To prove this, we need to establish that the liable party acted in reckless disregard of your safety or that of others. It is important to work with an attorney who understands the complexities of truck accidents. Insurance companies and the lawyers representing the parties at fault are frequently the wolves in sheep's clothing who will try to collect statements from you that they can use against you later. If you have an attorney handling all communications, you can avoid these pitfalls.