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The Process of a Truck Accident Lawsuit Truck accidents can cause severe and permanent injuries. These can lead to significant medical costs as well as psychological harm. kenosha truck accident attorney will issue an Summons and Complaint to all parties that are responsible. This process could take many years. Because New York uses comparative fault rules, your lawyer will ensure that any shared responsibility is correctly determined and assigned to defendants. Investigations A truck accident could be more serious than an auto collision. The consequences of a collision with a truck can be life-changing and the resulting damage is more complicated due to the weight and size of commercial trucks. These accidents also require more intricate investigations. Because of this, insurance companies and trucking firms often conduct investigation immediately following the incident to protect their interests. The victims are left to deal only with their injuries, and are not able to gather evidence. This puts them at a disadvantage compared to the insurance company and trucking companies. A seasoned attorney for truck accidents can find evidence from various sources, including police reports, witness statements, and inspections of vehicles. A knowledgeable lawyer will not just rely on police reports however, as these reports are not always sufficient for civil litigation purposes. Police officers are not trained to conduct an appropriate investigation and might fail to gather all of the evidence required to file a lawsuit. Other types of data include logbook entries, maintenance and service records for the truck, data from the event data recorder (also called a black box) and many more. A competent attorney will ask the driver of the truck as well as the trucking company for these and other types of evidence and then carefully analyze them to determine the cause of the accident. Expert Witnesses A professional witness can help your lawyer prove the various elements of your truck accident case. For example medical experts can prove to your lawyer that the crash caused your injuries. Your expert may also testify as to how your injuries will affect your life-style and quality of living. Expert witnesses can help your lawyer determine the value of your damages, including lost income and loss of earning capacity in the future. Experts can examine the physical evidence and explain the impact of your injury on your future. Medical experts can, for instance, explain how your accident may impact your physical and mental health. Another kind of expert is a metallurgist, who can analyze why a vehicle part failed. There are also experts who can analyze how the weather may have caused the crash. The main function of your expert witness is to analyze the evidence and give an impartial opinion. However, certain experts can be risky for your case if they are biased or have connections to the defendant's businesses. Your attorney can use an investigation into their background to determine these risks and ensure you have the best expert witnesses on your side. Your lawyer will interview you, as well as any other eyewitnesses that witnessed the incident prior to it happening. It is important to note that the insurance companies of the defendants will try to get you to admit fault or make statements they can twist or distort to diminish your case. Litigation As with all drivers, truck drivers have a obligation to observe traffic rules and to take reasonable care while driving. If they fail to do so and their negligence causes a crash, then they could be held responsible for the injuries that the victims are liable for. Our attorney will collect evidence from eyewitnesses and seek either oral or written evidence to prove that the defendant was negligent. Our team will also study an array of other evidences, including skid marks and points of impact, and conduct crash tests. Sometimes, the cause of an accident involving a truck can be complex and involves multiple parties. If the truck crash was caused by defective equipment, or improper maintenance, then we could sue the producers or the truck. We could also claim against the mechanic who did the repairs or the repair shop. We will try to resolve your case without going to court. If, however, the trucking company or its insurer is unwilling to accept a fair settlement and we are unable to reach a fair settlement, we will go to trial. During the trial, a judge or jury will decide on any disputed issues such as who was responsible for the accident and what amount of compensation you should receive. Your legal damages will be calculated by the sum of your losses, which includes financial, physical and emotional pain. Statute of Limitations While the legal process following a truck crash can be complicated, understanding how these cases typically proceed can help you prepare for what's ahead and provide you with a better understanding of how long your case will take. Liability is one of the most crucial steps. If the truck driver was drunk or distracted, for example the chances are that they will be held responsible for the damages. However, there might be other parties who are also liable. If the accident was the result of poor repairs, then a mechanic or company that manufactured the truck or its components could be held liable under the legal theory of respondeat superior. You could also be entitled to damages for punitive harm if the accountable person committed an act of recklessness that was more severe. To be able to prove this, we must to prove that the responsible party acted recklessly for your safety or the safety of others. It is vital to hire a lawyer who is familiar with the complexities of truck accident cases. Insurance companies and the attorneys of the at-fault parties are frequently wolves in sheep's clothing and will try to obtain information from you that they can use against you later. You can stay clear of these pitfalls by having an attorney handle your communications.