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The Process of a Truck Accident Lawsuit Accidents involving trucks can cause serious and permanent injuries. They can result in substantial medical expenses as well as psychological harm. Your lawyer will file an Summons and Complaint to all the parties responsible. This process could take several years. Your lawyer can help determine whether any shared responsibility been properly assessed and assigned. Investigations When someone is injured in a collision with a truck, there is a lot more at stake than a car crash. The consequences of a truck crash can be life-altering and the impact is more complex due to the size and weight of commercial trucks. These accidents also require more complex investigations. Due to this, insurance companies and trucking companies often conduct their own investigations following an accident to protect their interests. The victims are left to deal only with their injuries, and are unable to collect evidence. This puts them at a disadvantage comparison to the trucking company and insurance company. A seasoned truck accident attorney knows to look for evidence from many sources such as police reports, witness statements and inspections of vehicles. A lawyer who is experienced will not rely on only police reports because they are usually not sufficient for civil litigation. Police officers aren't always trained to conduct an inquiry properly and may not gather all the evidence required to support an action. west covina truck accident law firm of data could include logbook records, maintenance and service records from the truck. Data from the device for recording events (also known by the name black box) is also available. A skilled attorney will request these and other forms of evidence from the truck driver and the trucking company, and then analyze them to determine what caused the accident. Expert Witnesses A expert witness for a truck accident could help your attorney prove various elements of the case. For instance an expert in medical science can provide evidence that the crash resulted in your injuries. Your expert may also testify regarding how your injuries will impact 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. Your doctor can look over physical evidence and explain the impact of your injury on your future. For instance an expert in medical science can demonstrate how your accident will impact you in terms of physical and mental well-being. A metallurgist, for instance, is another kind of expert who can analyze the reasons behind why a vehicle component failed. There are also experts who examine the way in which weather conditions could have contributed to the crash. Your expert's responsibility is to provide an unbiased and objective opinion after examining the evidence. However, some expert witnesses can become risky for your case if they're biased or have connections to the defendants' companies. Your attorney can perform an investigation into the background of the expert witness to determine any risks that could be present. In addition to experts, your lawyer will also speak with you and witnesses, including people who saw the crash take place before it occurred. It is important to keep in mind that the defendants' insurance companies will try to get you to admit that they are at fault or make statements they can twist and deceive to diminish your case. Litigation Truck drivers are also required to follow traffic laws and take reasonable care when driving. If they do not follow the rules and their negligence causes an accident, they could be held responsible for the damages caused by the accident the victims suffer. Our lawyer will collect evidence from eyewitnesses, and get oral or written testimony to prove the defendant was negligent. Our team will also review other evidence like skidmarks and points of impact, and conduct crash testing. Sometimes, the cause of an accident involving a truck can be complex and involves multiple parties. For example, if the truck crash was caused by defective equipment or inadequate maintenance, we may seek to sue the producers of that equipment or the trucks themselves. We might also sue the mechanic who made the repairs or the repair shop. We will try to resolve your case outside of the courtroom. However, if the trucking firm or its insurer is unwilling to accept a fair settlement and we are unable to reach a fair settlement, we will go to trial. During trial in which a judge or jury will decide on the dispute like who was at fault and what compensation you are entitled to. The total amount of your legal damages will be determined based on the losses you have documented, which include financial, physical, and emotional pain. Statute of limitations Knowing how these cases typically go about their business can help you prepare for what lies ahead and give you an idea of the time it might take to settle your case. Liability is one of the most important steps. It is possible that a trucker who was drunk, distracted, or otherwise impaired will be held accountable for the damage you suffered. There could be other parties equally responsible. If the crash was caused by poor repairs and/or a mechanic, then the company that manufactured the truck or its components could be held responsible under the legal theory respondeat superior. It's also possible that accountable party did a greater reckless act that might entitle you to punitive damages. To do this, we must establish that they acted in a willful and wanton way, and with a disregard for your safety as well as that of others. It is vital to hire a lawyer who is familiar with the complexities involved in truck accident cases. Insurance companies and lawyers for the at-fault parties are often the wolves in sheepskins who attempt to convince you to sign statements which they later use against you. You can avoid these traps by hiring an attorney to manage your communications.