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The Process of a Truck Accident Lawsuit Many accidents involving trucks cause lifelong and severe injuries. These accidents can cause substantial medical expenses, loss of income, and psychological damage. Your lawyer will issue a Summons and Complaint to all the parties responsible. This process could take many years. Your lawyer can help you determine whether the shared responsibility has been properly assessed and allocated. Investigations If someone is injured in a truck accident there is much more at stake than a car crash. The effects of a crash involving a truck can be devastating and the impact is more complex due to the weight and size of a commercial truck. These accidents also require more sophisticated investigations. This is why insurance companies and trucking companies frequently conduct their own investigations right after a crash to protect their interests. The victims are left to deal only with their injuries, and they are unable to collect evidence. This leaves the injured at a disadvantage to the insurance provider and trucking companies. A skilled truck accident lawyer is able to find evidence from numerous sources such as police reports, witness statements, and vehicle inspections. A skilled lawyer should not just rely on police reports however, as these documents are often inadequate for civil litigation purposes. Police officers aren't taught to conduct an appropriate investigation and may fail to gather 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 known as a black box) and more. An experienced attorney will seek these as well as other types of evidence from the truck driver and the trucking company and then carefully analyze them to determine what caused the accident. Expert Witnesses A expert witness from a truck accident can help your attorney prove various aspects of the case. An expert in medicine could, for instance, provide proof to your lawyer that the accident caused your injuries. Experts can also testify as to how your injuries will affect your future quality of life. Expert witnesses can assist your lawyer assess the damages including lost income and future earning capacity. A medical professional can analyze the physical evidence and explain how your injury will affect your future. For example medical experts can demonstrate how your accident will impact you in terms of physical and mental health. A metallurgist is a different kind of expert who can analyze the reasons behind why a vehicle component failed. There are also experts who can examine the way in which weather conditions could have contributed to the crash. A key role of an expert witness is to evaluate the evidence and give an objective opinion. However, some expert witnesses could be a liability risk for your case if they are biased or have connections to the defendants' businesses. Your lawyer can conduct a background check on the expert witness to find out any risks. Your attorney will interview you, along with any other eyewitnesses who saw the accident prior to it taking place. It is important to remember that the defendants' insurance firms will try to get you to admit guilt or to make statements they can twist and alter to weaken your claim. Litigation Truck drivers are also required to observe traffic laws and drive with reasonable care. If they fail to comply with these rules and their negligence leads to a crash, then they could be held responsible for the damage that the victims are left with. To prove the defendant's negligence, our lawyer will collect a number of eyewitnesses who witnessed the crash and give written or oral testimony about the manner in which the collision took place. Our team will also look at other evidence, including skidmarks and points of impact and conduct crash testing. Sometimes, the reason for an accident involving a truck can be complex and involves multiple parties. For instance, if the truck accident was caused by defective equipment or poor maintenance, we might bring a lawsuit against the manufacturer of the equipment or the trucks themselves. We might also sue the mechanic or repair shop responsible for the repairs. lancaster truck wreck lawyer will try to resolve your case out of court, but should the trucking firm or its insurance company is unwilling to make a fair settlement offer, we will prepare for trial. During trial where a judge or jury will decide on the dispute such as who was responsible and what amount of compensation you should get. Your legal damages will be determined according to the total of your losses, which includes financial, physical and emotional pain. Statute of Limitations Although navigating the legal system following a truck accident may be complex, understanding the way these cases are handled can help you prepare for the future and give you a better idea of how long your case will take. One of the most important steps is establishing liability. It is likely that a trucker who was drowsy, distracted, or otherwise impaired will be held responsible for the damages you have suffered. There could be other parties also accountable. If the crash was the result of poor repairs such as a mechanic or company that manufactured the truck or its components could be held accountable under the legal theory respondeat superior. It's also possible that responsible party has was guilty of a more serious risky act, which might entitle you to punitive damages. To prove this, we need to prove that the liable party acted recklessly for your safety or the safety of others. It is essential to work with an attorney who understands the complexities involved in truck accidents. Insurance companies and lawyers representing the parties at fault are often as wolves in sheep's clothes and will attempt to obtain statements from you which they can use against you in the future. If you have an attorney handling all communications, it is possible to avoid these pitfalls.