The Process of a Truck Accident Lawsuit
Many truck accidents leave victims with lifelong and severe injuries. These can lead to significant medical expenses, lost wages and psychological damages.
green bay truck wreck lawyer will issue a Summons and Complaint to the parties who are liable. This process can last several years. Your lawyer can help you determine whether any shared responsibility been properly assessed and allocated.
Investigations
If someone is injured in a truck accident, there is a lot more at stake than in an auto collision. A truck accident could result in life-altering consequences. The impact is more complex due to the weight and size. These accidents also require more complex investigations.
This is why insurance companies and trucking companies often conduct their own investigations right after the incident to protect their interests. The issue is that the injured are left to deal with their injuries and aren't able to collect evidence. This puts them at a disadvantage in comparison to the trucking company or insurance companies.
A lawyer for truck accidents with experience will search for evidence in a variety sources, including witness testimony, police reports, and inspections of vehicles. A seasoned lawyer won't depend solely on police reports however, because these documents are typically not adequate for civil litigation purposes. Police officers may not be equipped to conduct an investigation properly and may not gather all the evidence required for a lawsuit.
Other kinds of data could include logbook entries and maintenance and service records from the truck. Data from the device for recording events (also called a black box) is also available. A competent attorney will ask the driver of the truck and the trucking company for these and other kinds of evidence and then carefully analyze them to determine the reason for the accident.
Expert Witnesses
A truck accident expert witness can help your attorney prove different aspects of the case. For example an expert in medicine will provide your lawyer with evidence that the crash resulted in your injuries. Experts can also testify regarding the impact your injuries will have on your future quality of life. Expert witnesses can assist your lawyer calculate the amount of damages including lost income and your future earning capacity.
Your expert can review physical evidence and explain the impact of your injury on your future. A medical professional can, for instance, explain how your accident may affect your mental and physical health. A metallurgist is a different kind of expert who can determine the causes behind why a component failed. There are also experts who examine the way in which weather conditions could have contributed to the crash.
The primary function of your expert witness is to examine the evidence and provide an objective and impartial opinion. However, certain expert witnesses could be a liability risk for your case if they are biased or have ties to the defendant's companies. Your attorney can perform an investigation of the background of the expert witness in order to identify any potential risks.
Alongside expert witnesses, your attorney will also speak with you and other eyewitnesses, including any witnesses who witnessed the accident taking place before it happened. It is important to note that the insurance companies of the defendants will try to get you to admit fault or to make statements they can twist or distort to diminish your case.
Litigation
As with all drivers truck drivers are also required to obey traffic laws. duty to obey traffic laws and to exercise reasonable care on the road. If they fail to fulfill this obligation and their negligence results in an accident, they could be held liable for the injuries incurred by those who were injured in the crash.
Our lawyer will obtain evidence from eyewitnesses and obtain either oral or written evidence to prove that the defendant was negligent. Our team will also look at other evidence such as skidmarks as well as points of impact. We will also conduct crash testing.
Sometimes the cause of the truck crash is complex with multiple parties. If the truck accident was caused by defective equipment or maintenance that was not done properly, we could sue the manufacturers or the truck. We could also sue the mechanic or repair shop who performed the repairs.
We will attempt to resolve your case without going to court. However, if the trucking company or its insurer refuses an equitable settlement and we are unable to reach a fair settlement, we will go to trial. During the trial the judge or jury will decide on any disputed issues like who was at fault for the accident and the amount of compensation you must receive. The total of your legal damages will be based on the losses you have documented that include financial, physical, and emotional suffering.
Statute of limitations
Although the legal process following a truck crash can be a bit complicated, knowing how these cases usually go will help you anticipate what is ahead and give you a better sense of how long your case could take.
One of the most crucial actions is to establish the responsibility. If the truck driver was tired or distracted, for example then it is likely that they will be held responsible for your losses. However, there could be other parties who are also liable. If the accident was the result of poor repair such as a mechanic or company that made the truck or its components could be held responsible under the legal theory of respondeat superior.
It's also possible that the responsible party has was guilty of a more serious act of recklessness, which could be grounds for you to receive punitive damages. To establish this, we have to prove that the responsible party acted in reckless disregard for your safety or that of others.
It is essential to work with an attorney who understands the complexities involved in truck accidents. Insurance companies and lawyers for the at-fault parties are often sheepskins in wolves and will try to force you to make statements which they later use against you. By having an attorney handle all communications, you can stay clear of these traps.