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The Process of a Truck Accident Lawsuit Accidents involving trucks can cause serious and permanent injuries. They can result in substantial medical costs, lost wages and psychological trauma. Your lawyer will make an Summons and Complaint against all liable parties. This process could take a few years. Your lawyer can help determine whether the shared responsibility has been properly assessed and assigned. Investigations A truck crash could be more severe than an auto collision. A truck accident could have life-changing effects. The impact is also more complex because of the weight and size. These accidents also involve more complex investigation. To protect their interests the trucking companies and insurance companies usually conduct their investigations immediately after a crash. The victims are left to deal only with their injuries and are not able to gather evidence. This puts them at a disadvantage in comparison to the trucking company and insurance companies. A seasoned truck accident attorney is able to find evidence from various sources that include police reports, witness statements, and vehicle inspections. A lawyer who is experienced will not rely on the reports of police officers alone since they are typically insufficient for civil litigation. Police officers are not trained to conduct an effective investigation and might not gather all the evidence needed to support the filing of a lawsuit. Other types of data include logbook records maintenance and service records for the truck and other equipment, data from the event data recorder (also called a black box) and many more. A competent attorney will ask the driver of the truck and the trucking company for these and other kinds of evidence, and then look over them to determine root of the accident. Expert Witnesses An expert witness can aid your lawyer establish the various aspects of your truck accident case. For example an expert in medicine will provide your lawyer with evidence that the crash caused your injuries. Experts can also testify as to how your injuries will impact your life-style and quality of living. Expert witnesses can assist your lawyer determine the extent of your injuries which include lost income and your future earning capacity. A medical professional can examine physical evidence and discuss the consequences of your injury on your future. For example medical experts can show how your accident can impact you in terms of mental and physical well-being. A metallurgist is an additional type of expert who will analyze the reasons behind why a vehicle component failed. There are experts who can determine if the weather was the cause of the crash. The role of an expert witness is to provide an unbiased and objective opinion after having examined the evidence. Some expert witnesses may be a liability to your case when their opinions are biased or they are associated with the defendants. Your lawyer can conduct an investigation of the background of the expert witness to determine any potential risks. Your lawyer will interview you, along with any other eyewitnesses who saw the accident before it happened. el cajon truck accident law firm is crucial to remember that the defendants' insurance companies will try to convince you to acknowledge fault or to make claims they can twist and deceive to weaken your claim. Litigation Like any other driver truck drivers are also required to obey traffic laws. duty to obey traffic laws and to take reasonable care when driving. If they fail to fulfill this duty and their negligence leads to a crash, they may be held accountable for accident damages suffered by those who were injured in the crash. Our lawyer will obtain evidence from eyewitnesses and obtain written or oral testimony to prove that the defendant was negligent. Our team will also study an array of other evidence, like skid marks and areas of impact, as well as conduct crash tests. Sometimes, the reason for an accident on the road is complicated, involving multiple parties. If the truck accident was caused by defective equipment or improper maintenance, then we could sue the producers or the trucks. We might also sue the mechanic or repair shop responsible for performing the repairs. We will endeavor to resolve your dispute outside of court, but in the event that the trucking company, or its insurer is unable to make a fair settlement offer then we will prepare for trial. During the trial the judge or jury will decide on issues that are disputed, such as who was at fault for the crash and what amount of compensation you should be awarded. The legal damages you receive will be determined according to the total of your losses, which include physical, financial, and emotional pain. Statute of limitations Understanding how these cases usually go about their business can help you prepare for what is to come and provide you with an idea of how long it will take to settle your case. One of the most important steps is establishing liability. It is likely that a trucker who was drowsy, distracted, or otherwise impaired will be held responsible for the harm you suffered. However, there could be other parties who are accountable as well. For instance, if a crash resulted from poor repairs such as a mechanic who completed the work or a business who made the truck or its parts could be held responsible according to the legal doctrine of respondeat superior. You could also be entitled to damages for punitive acts if the responsible party committed an act of recklessness that was more acrimonious. To be able to prove this, we must to prove that the responsible party acted with reckless disregard of your safety or that of others. It is essential to work with an attorney who is familiar with the complexities of truck accident cases. Insurance companies and attorneys of the at-fault parties are frequently the wolves in sheep's clothing who will attempt to obtain statements from you that they can use against you in the future. You can stay clear of these pitfalls by hiring an attorney to manage your communications.