The Process of a Truck Accident Lawsuit
Truck accidents can cause severe and permanent injuries. These accidents can cause massive medical expenses, loss of income and psychological traumas.
Your attorney will issue an Summons and Complaint to all parties that are responsible. oklahoma truck accident law firm can take a few years. Your lawyer can assist you determine whether the shared responsibility has been properly assessed and allocated.
Investigations
If someone is injured in a crash involving a truck there is much more at stake than in an auto collision. The consequences of a collision with a truck could be catastrophic and the impact is far more complicated due to the weight and size of a commercial truck. These accidents also require more intricate investigations.
To protect their interests in the event of a crash, trucking firms or insurance companies will usually investigate immediately following an accident. The issue is that the victims are left to handle their injuries, and aren't being able to gather evidence. This puts them in a position of disadvantage compared to the insurance provider and trucking company.
A lawyer for truck accidents who is experienced will look for evidence in a variety sources, including witness testimony, police reports, and inspections of vehicles. A skilled lawyer should not only rely on police reports, however, as these reports are typically not adequate for civil litigation purposes. Police officers may not be equipped to conduct an investigation properly and they may not be able to gather all the evidence needed for the court case.
Other types of information might include logbook entries and maintenance and service records from the truck. The data from the device for recording events (also known by the name black box) is also available. An experienced attorney will seek these and other forms of evidence from the truck driver as well as the trucking firm, and then thoroughly analyze them to determine the cause of the accident.
Expert Witnesses
A expert witness for a truck accident could assist your attorney in proving different aspects of the case. A medical expert, for example, can provide proof to your lawyer that the accident caused your injuries. Experts can also testify as to how your injuries will affect your quality of life in the future. Expert witnesses can also assist your lawyer calculate the value of your damages, which could include lost income and loss of future earning capacity.
Your doctor can look over physical evidence and discuss the consequences of your injury on your future. For instance, a medical expert can explain how your accident will impact your physical and mental well-being. Another kind of expert is a metallurgist, who can determine the reason why a component of a vehicle failed. There are also experts who determine if the weather could have caused the crash.
The primary role of your expert witness is to evaluate the evidence and give an objective opinion. However, some expert witnesses can become risky for your case if they are biased or have ties to the defendants' companies. Your attorney can perform a background check to identify these risks and ensure you have the best experts on your side.
Your lawyer will interview you, along with any other eyewitnesses who saw the incident prior to it happening. You should be aware that the insurance companies of the defendants will attempt to get your to acknowledge your responsibility or make 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 to comply with these rules and their negligence causes an accident, they could be held responsible for the damages caused by the accident the victims suffer.
To show the defendant's negligence our attorney will gather a number of eyewitnesses who witnessed the crash and give oral or written evidence of how the crash occurred. Our team will also review a wide range of other evidence, such as skid marks or points of impact, as well as conduct crash tests.
Sometimes, the cause of an accident involving a truck is complex and involves multiple parties. If the truck crash was caused by defective equipment, or maintenance that was not done properly, we could sue the manufacturer or the truck. We might also bring a lawsuit against the mechanic that performed the repairs or the repair shop.
We will attempt to settle your case outside of the courtroom. 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 jury or judge will rule on disputed issues like who was at fault for the accident and the amount of compensation you are entitled to be awarded. The legal damages you receive will be determined based on the total of your losses, which include financial, physical, and emotional pain.
Statute of limitations
Understanding how these cases usually take place can help you prepare for what's to come and give you an idea of how long it will take to settle your case.
One of the most crucial steps is establishing liability. It is likely that a trucker who was drunk or distracted or impaired will be held responsible for the damages you have suffered. However, there may be other parties who are liable as well. If the accident was caused by faulty repairs or a mechanic, then a company that manufactured the truck or its components could be held liable under the legal theory respondeat superior.
You could also be entitled to punitive damages if the responsible person committed an act of recklessness that was more severe. To establish this, we have to prove that the liable party acted with reckless disregard of your safety or that of others.
It's crucial to work with a lawyer who is familiar with the complexities involved in truck accident cases. Insurance firms and attorneys for the at-fault parties are often sheepskins in wolves and will try to get you to give statements that they can later use against you. By having an attorney manage all communications, you can avoid these pitfalls.