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The Process of a Truck Accident Lawsuit Accidents involving trucks can cause serious and permanent injuries. They can cause significant medical costs as well as psychological harm. Your lawyer will issue a Summons & Complaint to all parties that are responsible. This process can last several years. Your lawyer can help you determine if any shared responsibility has been properly assessed and allocated. Investigations If someone is injured in a truck crash there is much more at stake than in an auto collision. A truck accident can have life-altering consequences. The impact is also more complex due to its size and weight. These accidents also involve more complicated investigation. To protect their interests, trucking companies or insurance companies often conduct their investigations as soon as they are aware of the accident. The victims are left to deal only with their injuries, and are unable to collect evidence. This puts them at a disadvantage comparison to the trucking company and insurance company. A skilled attorney for truck accidents can find evidence from many sources which include police reports witness statements and vehicle inspections. A lawyer who is experienced cannot rely solely on reports from the police since they are typically not sufficient for civil litigation. Police officers aren't always trained to conduct an inquiry properly and may not gather all the evidence needed to file an action. Other types of information include logbook records, maintenance and service records for the truck, data from the event data recorder (also known as a black box) and many more. A competent attorney will request the driver of the truck as well as the trucking company for these types and other types of evidence and then carefully analyze them to determine the causes of the accident. Expert Witnesses A expert witness from a truck accident can aid your attorney in proving various elements of the case. For instance an expert in medical science will provide your lawyer with evidence that the crash resulted in your injuries. Your expert will also testify on how your injuries affect your life's quality of living in the future. Expert witnesses can assist your lawyer determine your damages like lost income and your future earning capacity. Your doctor can look over physical evidence and discuss the consequences of your injury on your future. An expert in medicine is a good example. They can explain how your accident may affect your physical and mental health. los angeles truck wreck lawyer of expert is a metallurgist that can determine the reason why a component of a vehicle failed. Experts can determine if weather played a part in the crash. A key role of your expert witness is to evaluate the evidence and provide an objective opinion. However, certain expert witnesses could be a liability risk in your case if they're biased or have ties to the defendant's businesses. Your lawyer can conduct a background check on the expert witness to find out any potential risks. In addition to experts, your lawyer will also question you and witnesses, including people who saw the crash occurring before it happened. Be aware that the insurance companies of the defendants will try to get your to acknowledge your responsibility or give statements that they can twist or alter to weaken your case. Litigation Like any other driver truckers are required by law to adhere to a duty to obey traffic laws and to take reasonable care on the road. If they do not comply with this duty and their negligence results in a crash, they could be held accountable for injuries incurred by the victims of the crash. To demonstrate the defendant's culpability, our lawyer will gather range of evidence from eyewitnesses who witnessed the crash and provide oral or written evidence of how the collision occurred. Our team will also look at other evidence, including skidmarks as well as points of impact. We will also conduct crash testing. Sometimes the cause of the truck crash is complex and involves multiple parties. For example, if the truck accident was caused by defective equipment or inadequate maintenance, we could sue the manufacturers of that equipment or the trucks themselves. We might also sue the repair shop or mechanic who performed the repairs. We will try to resolve your dispute out of court, however if the trucking company or its insurance company is unwilling to accept an acceptable settlement offer then we will prepare for trial. During the trial in court, a jury or judge will decide on any disputed issues like who was responsible for the accident and what amount of compensation you should be awarded. Your legal damages will be calculated by the sum of your losses. This includes financial, physical, and emotional pain. Statute of Limitations Although navigating the legal system after a truck accident can be complex, understanding how these cases usually go can help you prepare for what's ahead and give you a better sense of the length of time your case might take. One of the most crucial actions is to establish the extent of liability. If a truck driver was drowsy or distracted, for example it is likely that they'll be held accountable for your damages. There may be other parties that are as well. If the crash was caused by poor repairs such as a mechanic or company that manufactured the truck or its components could be held responsible according to the legal theory of respondeat superior. You could also be entitled to damages for punitive if the guilty party acted with recklessness that was more acrimonious. In order to prove this, you must prove that they acted in a reckless, impulsive manner that was reckless and in disregard for your safety and that of others. It's important to work with an attorney who is familiar with the complexities of truck accidents. Insurance companies and attorneys for at-fault party can be seen as sheepskin wolves and will attempt to convince you to give statements that they later use against you. You can avoid these pitfalls by hiring an attorney to handle your communications.