The Process of a Truck Accident Lawsuit
Truck accidents can cause severe and permanent injuries. These can lead to significant medical costs, lost wages and psychological trauma.
Your attorney will file a Summons and Complaint against all responsible parties. The process could last for several years. Since el paso truck accident law firm uses comparative fault rules, your lawyer will ensure that any shared responsibility is appropriately assessed and allocated to defendants.
Investigations
A truck accident could be more serious than an auto accident. The consequences of a truck accident can be life-altering and the resulting damage is more complex due to the size and weight of commercial trucks. These incidents also require more complicated investigation.
To protect their interests the trucking companies and insurance companies will usually conduct their investigations as soon as they are aware of the incident. The victims are left to deal only with their injuries, and they are unable to collect evidence. This leaves them in a position of disadvantage compared to the insurance provider and trucking companies.
A seasoned attorney for truck accidents knows to look for evidence from numerous sources that include police reports, witness statements, and inspections of vehicles. A lawyer with experience is not relying on the reports of police officers alone, as they are often insufficient for civil litigation. Police officers might not be trained to conduct an inquiry properly and they may not be able to gather all the evidence needed to file the court case.
Other kinds of data include logbook entries maintenance and service records for the truck and other equipment, data from the event data recorder (also called a black box), and more. A competent attorney will ask the driver of the truck and the trucking company for these and other forms of evidence, and then examine them to determine the root of the accident.
Expert Witnesses
A expert witness for a truck accident could aid your lawyer in proving various elements of the case. Medical experts could, for instance, provide evidence to your lawyer that the crash caused your injuries. Your expert will also testify on the impact your injuries could have on your future quality of life. Expert witnesses can help your lawyer calculate the value of your losses, including lost income and loss of future earning capacity.
An expert can look over the physical evidence and explain how your injury will impact your future. For instance, a medical expert will explain how the accident will impact your physical and mental well-being. Another type of expert is a metallurgist that can analyze why a vehicle part failed. Experts can determine whether the weather played a role in the crash.
A key role of an expert witness is to examine the evidence and offer an unbiased opinion. However, certain expert witnesses could pose risky for your case if they are biased or have connections to the defendant's businesses. Your attorney can perform an investigation into the background of the expert witness to determine any risks.
Your attorney will conduct an interview with 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 try to get your to admit your fault or make statements that they can twist and alter to reduce your chances of winning.
Litigation
Truck drivers must also adhere to traffic laws and use reasonable care when driving. If they fail to comply with these rules and their negligence leads to a crash, they could be held responsible for the damage that victims are left with.
To show the defendant's negligence our lawyer will gather a array of evidence from witnesses who witnessed the crash and provide written or oral testimony about the circumstances of the collision. Our team will also review other evidence such as 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. If the truck accident was caused by defective equipment, or maintenance that was not done properly, we could sue the manufacturer or the truck. We could also sue the mechanic or repair shop responsible for the repairs.
We will try to resolve your dispute out of court, however should the trucking company or its insurer is unable to accept an equitable settlement offer and we prepare for trial. During the trial, a judge or jury will decide on the merits of the dispute like who was at fault for the crash and what amount of compensation you should be awarded. The total amount of your legal damages will be based on your documented losses, which include financial, physical and emotional suffering.
Statute of limitations
Although navigating the legal system following a crash with a truck can be complicated, understanding how these cases usually go can help you plan for the future and give you a better sense of how long your case could take.
One of the most crucial steps is to establish the responsibility. It is likely that a trucker who was drunk, distracted, or otherwise impaired will be held accountable for the damage you suffered. There may be other parties as well. If the crash was caused by poor repairs, then 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 the person who is responsible may have committed a more serious reckless act that could be grounds for you to receive punitive damages. In order to prove this, you must prove that they behaved in a reckless, impulsive 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 involved in truck accidents. Insurance companies and attorneys for the at-fault party are often sheepskin wolves and will attempt to convince you to give statements that they later use against you. If you have an attorney handling all communications, you will avoid these pitfalls.