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The Process of a Truck Accident Lawsuit Many accidents involving trucks cause severe and lifelong injuries. These accidents can cause significant medical costs, lost income and psychological traumas. Your attorney will make an Summons and Complaint against all responsible parties. This process can last several years. Your lawyer can assist you determine whether any shared responsibility has been properly assessed and allocated. Investigations A truck accident can be more serious than an auto accident. The consequences of a truck accident can be life-altering and the impact can be more complex due to the size and weight of a commercial truck. These accidents also involve more complex investigation. To protect their interests in the event of a crash, trucking firms or insurance companies often conduct investigations right after the incident. The victims are left to deal only with their injuries, and are not able to gather evidence. This puts them at a disadvantage when compared to the insurance company and trucking companies. A truck accident lawyer who is skilled will look for evidence in various sources, such as witness testimony, police reports, and inspections of vehicles. A skilled lawyer should not rely solely on police reports, however, as these documents are often inadequate for civil litigation. Police officers aren't taught to conduct an effective investigation, and they may fail to gather all of the evidence needed to support a lawsuit. Other types of data include logbook entries, maintenance and service records for the truck and other equipment, data from the event data recorder (also known as a black box) and more. A competent attorney will request these as well as other types of evidence from the truck driver and trucking firm, and then thoroughly analyze them to determine what caused the accident. Expert Witnesses A professional witness can help your lawyer to prove different elements of your truck accident case. An expert in medicine, for example, can provide evidence to your lawyer that the accident caused your injuries. Your expert can also testify regarding how your injuries will affect your future quality-of-life. Expert witnesses can help your lawyer determine your damages, such as lost income and your future earning capacity. Your doctor can look over physical evidence and explain the impact of your injury on your future. A medical professional can, for instance, explain how your accident might affect your mental and physical health. A metallurgist is an additional type of expert who can determine the causes behind why a component failed. There are experts who can determine if weather was the cause of the crash. A key role of your expert witness is to evaluate the evidence and offer an objective and impartial opinion. However, some expert witnesses could be a liability risk in your case if they are biased or have connections to the defendant's businesses. Your attorney can use a background check to identify these risks and ensure you have the top experts in your case. Your lawyer will interview you, along with any other eyewitnesses that witnessed the incident before it occurred. It is important to note that the insurance companies of defendants will try to get you to admit fault or make statements that they can twist and alter to deny your claim. Litigation Truck drivers are also required to follow traffic laws and drive with reasonable care. If they fail to do so and their carelessness causes an accident, then they could be held accountable for the accident damages that the victims are left with. To demonstrate the defendant's culpability, our attorney will gather a array of evidence from witnesses who witnessed the crash and give written or oral evidence about how the collision occurred. Our team will also examine various other evidence, including skid marks and points of impact, as well as conduct crash tests. 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 inadequate maintenance, we may bring a lawsuit against the manufacturer of the equipment or the trucks themselves. We could also bring a lawsuit against the mechanic that performed the repairs or the repair shop. We will try to settle your case outside of court. However, if the trucking company or its insurer refuses an equitable settlement or offer, we'll prepare to go to trial. During the trial the judge or jury will decide on the merits of the dispute such as who was at fault for the crash and the amount of compensation you must be awarded. The legal damages you receive will be determined according to the total of your losses, which includes financial, physical, and emotional suffering. Statute of Limitations Knowing how these cases typically take place can help you prepare for what's to come and give you an idea of how long it may take to resolve your case. One of the most important steps is establishing the responsibility. If the truck driver was drunk or distracted, for instance it is likely that they will be held responsible for the damages you suffered. There could be frisco truck accident lawsuit that are also liable. For instance, if the crash resulted from poor repairs such as a mechanic who performed the work or a business that made the truck or its parts could be held liable under the legal theory of respondeat superior. It is also possible that the person who is responsible did a greater act of recklessness, which might entitle you to punitive damages. To prove this, we must establish that they acted in a willful and wanton way, and with a disregard for your safety and that of others. It is crucial to choose an attorney who is experienced with the complexities of truck accident cases. Insurance companies and the lawyers representing the parties at fault are often wolves in sheep's clothing and will attempt to obtain statements from you that they can use against you in the future. You can stay clear of these pitfalls by having an attorney handle your communications.