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The Process of a Truck Accident Lawsuit Truck accidents can cause severe and permanent injuries. These can result in significant medical costs as well as psychological trauma. Your attorney will make a Summons and Complaint against all responsible parties. The process can take a few years. Your lawyer can help you determine whether any shared responsibility has been properly assessed and allocated. Investigations A truck accident could be more serious than a car accident. A truck accident could result in life-altering consequences. The impact is more complex due to the size and weight. These accidents also require more complex investigation. To protect their interests in the event of a crash, trucking firms or insurance companies usually conduct their investigations as soon as they are aware of the accident. The issue is that victims are left to manage their injuries and are not capable of obtaining evidence. This puts them at a disadvantage comparison to the trucking company or insurance companies. A skilled truck accident lawyer is able to find evidence from a variety of sources such as police reports, witness statements and vehicle inspections. A lawyer who is knowledgeable cannot rely solely on police reports alone, as they are often not sufficient for civil litigation. Police officers are not trained to conduct an appropriate investigation, and they may not be able to gather all the evidence required to file the filing of a lawsuit. Other types of information might include logbook records, maintenance and service records from the truck. Data from the device for recording events (also called a black box) is also available. An experienced attorney will ask the driver of the truck and the trucking company for these and other kinds of evidence and then carefully examine them to determine the root of the accident. Expert Witnesses An expert witness can assist your lawyer prove the various elements of your truck accident case. Medical experts, for example, can provide evidence to your attorney that the accident resulted in your injuries. Experts can also testify about the impact your injuries could have on your life's quality of living in the future. Expert witnesses can also assist your lawyer calculate the value of your losses, including lost income and loss of earning capacity in the future. Your expert can review the physical evidence and explain how your injury will affect your future. An expert in medicine is a good example. They can explain how your accident may affect your mental and physical health. A metallurgist is a different kind of expert that can examine the reasons why a vehicle component failed. There are also experts who examine the way in which weather conditions could have contributed to the crash. The primary function of an expert witness is to evaluate the evidence and give an objective opinion. However, certain experts can be an issue in your case if they're biased or have connections to the defendants' businesses. Your attorney can conduct an identity check to identify the risks and ensure that you have the most qualified expert witnesses on your side. Your attorney will interview you, along with any other eyewitnesses that witnessed the incident before it occurred. You should be aware that the insurance companies of the defendants will try to convince you to acknowledge your responsibility or give statements that they can twist and deform to weaken your case. Litigation Truck drivers are also required to observe traffic laws and use reasonable care when driving. If they do not follow the rules and their negligence causes a crash, they could be held accountable for the accident damages that the victims suffer. Our lawyer will gather evidence from eyewitnesses as well as either oral or written evidence to prove the defendant was negligent. Our team will also look at various other evidence, including skid marks and points of impact, as well as conduct crash tests. Sometimes, the cause of an accident on the road is complicated with multiple parties. For example, if the truck accident was caused by defective equipment or inadequate maintenance, we could be able to sue the makers of that equipment or the trucks themselves. We could also sue the repair shop or mechanic responsible for the repairs. We will attempt to resolve your case outside of the courtroom. If, however, the trucking firm or its insurance company refuses to negotiate an equitable settlement then we will prepare to go to trial. In a trial the judge or jury will decide on disputed issues like who was the culprit and how much compensation you'll receive. The legal damages you receive will be calculated in accordance with the totality of your losses, which includes financial, physical and emotional pain. Statute of Limitations Although the legal process after a truck accident can be complex, understanding how these cases usually go will help you anticipate what's to come and provide you with a better understanding of the length of time your case may take. Liability is one of the most important steps. If modesto truck accident lawsuit was drunk or distracted, for example, it is likely they will be held responsible for the damages you suffered. There could be other parties as well. For instance, if the accident was caused by poor repairs such as a mechanic who did the work or a company who made the truck or its components could be held accountable under the legal theory of respondeat superior. It is also possible that the accountable party may have committed a more serious reckless act that might entitle you to punitive damages. To prove this, we must prove that they behaved in a willful and wanton way, and with a disregard for your safety as well as that of others. It is crucial to choose an attorney who is knowledgeable with the complexities involved in truck accident cases. Insurance firms and attorneys for the at-fault parties are often sheepskins in wolves and will attempt to convince you to make statements that they can later use against you. You can stay clear of these pitfalls by having an attorney handle your communications.