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The Process of a Truck Accident Lawsuit Many truck accidents cause victims to suffer severe and permanent injuries. They can cause significant medical costs as well as psychological damage. Your attorney will make a Summons and Complaint against all liable parties. This process can take several years. Your lawyer can help you determine whether any shared responsibility has been properly assessed and allocated. Investigations When someone is injured in a collision with a truck there is more at stake than in an auto collision. oceanside truck accident law firm of a collision with a truck could be catastrophic and the impact is more complex due to the weight and size of a commercial truck. These accidents also involve more complicated investigations. To protect their interests, trucking companies or insurance companies usually conduct investigations right after the accident. The victims are left to deal only with their injuries, and are unable to collect evidence. This puts the injured at a disadvantage to the insurance provider and trucking companies. A truck accident lawyer with experience will search for evidence in a variety sources, such as witness testimony, police reports and inspections of vehicles. A knowledgeable lawyer will not only rely on police reports, however, since these reports are typically not adequate for civil litigation purposes. Police officers are not trained to conduct a proper investigation and might fail to gather all of the evidence required to file an action. Other kinds of information 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 request the truck driver and the trucking company for these and other kinds of evidence and then carefully look over them to determine cause of the accident. Expert Witnesses An expert witness can aid your lawyer establish the various aspects of your truck accident case. A medical expert, for example, can give evidence to your attorney that the accident resulted in your injuries. Your expert can also testify as to how your injuries will affect your life in the future. Expert witnesses can also help your lawyer calculate the value of your injuries, which includes lost income and loss of earning capacity in the future. An expert can look over the physical evidence and explain the impact of your injury on your future. For instance an expert in medical science can show how your accident will impact your physical and mental health. Another type of expert is a metallurgist who can examine the reasons why a part of a car failed. There are experts who can determine if the weather was the cause of the crash. The primary function of an expert witness is to analyze the evidence and provide an impartial opinion. However, certain expert witnesses can become a liability risk for your case if they're biased or have ties to the defendants' companies. Your lawyer can conduct an investigation of the background of the expert witness to determine any potential risks. Your lawyer will question you, along with any other eyewitnesses who witnessed the accident before it happened. Be aware that the insurance companies of the defendants will try to get your to acknowledge your responsibility or provide statements that they can twist or alter to reduce your chances of winning. Litigation Truck drivers are also required to observe traffic laws and take reasonable care when driving. If they fail in this duty and their negligence results in a crash, they could be held responsible for injuries incurred by those who were injured in the collision. Our lawyer will collect evidence from eyewitnesses and obtain oral or written testimony to prove the defendant was negligent. Our team will also study other evidence, including skidmarks and points of impact, and conduct crash testing. Sometimes, the cause of the truck crash is complex that involves multiple parties. If the truck accident was caused by defective equipment or improper maintenance, we could sue the manufacturer or the trucks. We might also claim against the mechanic who did the repairs or the repair shop. We will try to resolve your case out of court, but in the event that the trucking company, or its insurer refuses to make a fair settlement offer, we will prepare for trial. In a trial where a judge or jury will decide on disputed issues like who was at fault and what amount of compensation you'll receive. The amount of your legal damages will be based on your documented losses, which include financial, physical and emotional pain. Statute of limitations While the legal process following a crash with a truck can be a bit complicated, knowing how these cases typically proceed can help you prepare for what's ahead and provide you with a better understanding of the length of time your case might take. One of the most crucial actions is to establish the liability. If a truck driver was drowsy or distracted, for example the chances are that they will be held responsible for your damages. However, there might be other parties equally responsible. For instance, if a crash resulted from poor repairs, for instance, a mechanic who completed the work or a company that made the truck or its components could be held responsible under the legal theory of respondeat superior. You may also be entitled to damages for punitive harm if the accountable person committed an act of recklessness that was a lot more serious. To be able to prove this, we must to prove that the liable party acted recklessly to your safety, or that of others. It is important to work with an attorney who understands the complexities involved in truck accidents. Insurance firms and attorneys for the at-fault party are usually sheepskin wolves and will try to get you to give statements that they later use against you. You can steer clear of these pitfalls by hiring an attorney to handle your communications.