5 Laws Anybody Working In Truck Accident Attorneys Should Know
tampa truck wreck lawyer of a Truck Accident Lawsuit
Many truck accidents result in victims suffering serious and lifelong injuries. These can result in significant medical costs, lost wages and psychological damage.
Your lawyer will file an Summons and Complaint to all the parties responsible. This process could take many years. Since New York uses comparative fault rules, your lawyer will ensure that any shared liability is properly assessed and allocated to defendants.
Investigations
A truck accident can be more severe than a car accident. A truck accident could have life-changing consequences. The consequences are more complex because of the weight and size. These accidents also require more intricate investigation.
This is why trucking companies and insurance providers typically conduct their own investigations right after an accident to protect their interests. The victims are left to deal with their injuries, and are not able to gather evidence. This puts them at a disadvantage in comparison to the trucking company or insurance companies.
A seasoned truck accident attorney knows to look for evidence from various sources that include police reports, witness statements, and vehicle inspections. A lawyer with experience is not relying on police reports alone, as they are often insufficient for civil litigation. Police officers aren't taught to conduct an effective investigation, and they may fail to gather all of the evidence required for the filing of a lawsuit.
Other kinds of information could include logbook and maintenance records and service records from the truck. Data from the event data recording device (also known as a black box) is also available. An experienced attorney will ask the truck driver and the trucking company for these and other forms of evidence and then carefully examine them to determine the root of the accident.
Expert Witnesses
A professional witness can help your lawyer to prove different elements of your truck accident case. For instance an expert in medical science will provide your lawyer with evidence that the crash resulted in your injuries. Experts can be able to testify on how your injuries will impact your future quality of life. Expert witnesses can assist your lawyer assess the damages which include lost income and your future earning capacity.
Your expert can review physical evidence and discuss the consequences of your injury on your future. For instance, a medical expert can demonstrate how your accident can impact your mental and physical well-being. Another type of expert is a metallurgist, who can analyze why a vehicle part failed. Experts can determine whether the weather was the cause of the crash.
Your expert's job is to give an impartial and objective opinion after examining the evidence. However, certain experts can be a liability risk for your case if they're biased or have ties to the defendants' businesses. Your attorney can conduct a background check to find these risks and ensure you have the most qualified expert witnesses on your side.
Alongside expert witnesses, your lawyer will also interview you as well as other eyewitnesses. This includes witnesses who witnessed the crash take place before it happened. Be aware that the insurance companies of the defendants will attempt to get your to admit your fault or give statements that they can twist and change to reduce your chances of winning.
Litigation
Truck drivers are also required to obey traffic laws and drive with reasonable care. If they fail to comply with these rules and their carelessness causes a crash, then they could be held liable for the damages caused by the accident the victims are left with.
Our attorney will collect evidence from eyewitnesses and seek oral or written testimony to prove that the defendant was negligent. Our team will also review various other evidence, such as skid marks or points of collision, and conduct crash tests.
Sometimes, the reason for an accident involving a truck is complex and involves multiple parties. For instance, if a truck crash was caused by defective equipment or inadequate 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 performing the repairs.
We will attempt to settle your case out of court, but should the trucking firm or its insurer refuses to make an appropriate settlement offer and we prepare for trial. During the trial, a judge or jury will decide on issues that are disputed, like who was responsible for the accident and what amount of compensation you are entitled to receive. The 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
Understanding how these cases typically are handled can help you prepare for what lies ahead and give you an idea of how long it could take to resolve your case.
One of the most crucial steps is to establish the responsibility. If the truck driver was drunk or distracted, for example the chances are that they'll be held accountable for your losses. There may be other parties that are equally responsible. If the crash was the result of poor repair, then a mechanic or company that manufactured the truck or its components could be held liable according to the legal theory of respondeat superior.
You could also be entitled to punitive damages if the responsible person acted in a manner of recklessness that was a lot more serious. To prove this, we need to prove that the liable party acted recklessly of your safety or that of others.
It is essential to work with an attorney who is knowledgeable with the complexities involved in truck accident cases. Insurance companies and the lawyers representing the parties at fault are frequently wolves in sheep's clothing and will attempt to obtain statements from you which they can use against you later. You can avoid these pitfalls by having an attorney manage your communications.