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The Process of a Truck Accident Lawsuit Accidents involving trucks can cause serious and permanent injuries. These accidents can result in significant medical expenses, lost income and psychological traumas. Your lawyer will make an Summons and Complaint to all the parties responsible. This process could take a few years. Your lawyer can help determine whether any shared responsibility has been properly assessed and assigned. Investigations If someone is injured in a collision with a truck, there is a lot more at stake than in a car crash. The effects of a crash involving a truck can be life-changing and the impact is more complicated due to the weight and size of commercial trucks. These incidents also require more complicated investigation. This is why insurance companies and trucking companies often conduct their own investigations following the incident to protect their interests. The victims are left to deal only with their injuries, and they are not able to gather evidence. This puts them in a position of disadvantage compared to the insurance company and trucking companies. A lawyer for truck accidents with experience will search for evidence in a variety sources, including police reports, witness testimony, and inspections of vehicles. A seasoned lawyer won't just rely on police reports, however, since these reports are usually not sufficient for civil litigation. Police officers aren't always trained to conduct an investigation properly and they may not be able to gather all the evidence required to support an action. Other kinds of data include logbook entries maintenance and service records for the truck and other equipment, data from the event data recorder (also called a black box) and more. A skilled attorney will request these and other forms of evidence from the truck driver and the trucking company and then carefully analyze them to determine the cause of the accident. Expert Witnesses An expert witness can assist your lawyer prove the various elements of your truck accident case. Medical experts could, for instance, prove to your attorney that the accident resulted in your injuries. Your expert can be able to testify on how your injuries could affect your quality of life in the future. Expert witnesses can assist your lawyer determine the extent of your injuries like lost income and your future earning capacity. Your doctor can look over physical evidence and explain the impact of your injury on your future. An expert in medicine, for example, can explain how your accident may affect your physical and mental health. Another kind of expert is a metallurgist who can identify the reason a part of a vehicle failed. There are also experts who can analyze how the weather may be a factor in the crash. Your expert's responsibility is to give an impartial and objective opinion after having examined the evidence. Some experts could be a liability for your case when their opinions are skewed or they have connections to the defendants. Your lawyer can conduct a background check on the expert witness to identify any risks that could be present. Alongside experts, your lawyer will also interview you as well as other eyewitnesses, such as witnesses who witnessed the crash taking place prior to when it occurred. It is important to note that the defendants' insurance companies will try to convince you to acknowledge fault or make statements that they can twist and deceive to diminish your case. Litigation Like any other driver truckers are required by law to adhere to a obligation to observe traffic laws and take reasonable care on the road. 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 suffer. Our lawyer will obtain evidence from eyewitnesses, and get written or oral testimony to prove the defendant was negligent. Our team will also look at an array of other evidences, including skid marks or points of impact, and will conduct crash tests. Sometimes the reason for a truck accident is complicated with multiple parties. For instance, if the truck accident was caused due to defective equipment or insufficient maintenance, we might be able to sue the makers of that equipment or the trucks themselves. We could also sue the mechanic who made the repairs or the repair shop. gainesville truck accident lawsuit will try to resolve your dispute outside of court, however should the trucking company or its insurance company is unwilling to make an acceptable settlement offer and we prepare for 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. Your legal damages will be calculated according to the total of your losses, including physical, financial, and emotional pain. Statute of limitations Understanding how these cases normally take place can help you prepare for what is to come and provide you with an idea of how long it will take to resolve your case. One of the most important actions is to establish liability. If a truck driver was drowsy or distracted, as an example, it is likely they'll be held accountable for the damages you suffered. However, there might be other parties accountable as well. If the accident was the result of poor repair, then a mechanic or company that made the truck or its components could be held responsible under the legal theory of respondeat superior. It is also possible that the responsible party has did a greater reckless act, which could result in punitive damages. To determine this, we must establish that they acted in a reckless and impulsive manner with a disregard for your safety and the safety of others. It is essential to work with an attorney who is knowledgeable with the complexities of truck accident cases. Insurance companies and attorneys for the at-fault parties are often the wolves in sheepskins who try to get you to sign documents that they can later use against you. By having an attorney manage all communications, you'll avoid these pitfalls.