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The Process of a Truck Accident Lawsuit Many truck accidents leave victims with severe and lifelong injuries. These can lead to significant medical expenses, lost wages and psychological harm. Your attorney will issue a Summons & Complaint to all parties liable. 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 a lot more at stake than an auto accident. The consequences of a collision with a truck can be devastating and the resulting damage is more complex due to the weight and size of commercial trucks. These accidents also involve more complicated investigations. To protect their interests trucking companies or insurance companies will usually investigate immediately following the incident. The victims are left to deal only with their injuries, and are not able to gather evidence. This puts the injured at a disadvantage to the insurance company and trucking companies. A lawyer for truck accidents who is experienced will look for evidence in a variety of sources, including witness testimony, police reports, and inspections of vehicles. A seasoned attorney will not just rely on police reports, however, as these documents are typically not adequate for civil litigation. Police officers may not be properly trained to conduct an investigation correctly and may not collect all the evidence needed to file a lawsuit. Other types of information may include logbook and maintenance records and service records from the truck. The data from the event data recording device (also known as the black box) is also available. A skilled attorney will ask the driver of the truck as well as the trucking company for these types and other types of evidence, and then look over them to determine root of the accident. Expert Witnesses A expert witness in a truck accident can aid your attorney in proving various elements of the case. For instance an expert in medical science can give your lawyer proof that the crash resulted in your injuries. Your expert can also testify as to how your injuries will impact 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 expert can review the physical evidence and explain the impact of your injury on your future. For example, a medical expert can demonstrate how your accident can impact your physical and mental health. A metallurgist is an additional type of expert that can examine the reasons behind why a vehicle component failed. There are experts who can determine if the weather was the cause of the crash. The primary role of your expert is to review the evidence and give an objective opinion. However, certain experts can be an issue in your case if they are biased or have connections to the defendant's businesses. Your attorney can perform an investigation into the background of the expert witness in order to identify any potential risks. Aside from expert witnesses, your attorney will also interview you as well as other eyewitnesses, such as witnesses who witnessed the crash taking place prior to when it occurred. You should be aware that the insurance companies of the defendants will try to convince you to admit fault or make statements which they can twist and deform to reduce your chances of winning. Litigation Like any other driver, truck drivers have a obligation to follow traffic laws and to use reasonable care while driving. If they do not comply and their negligence causes a crash, they could be held liable for the damages caused by the accident victims are liable for. To demonstrate the defendant's culpability, our lawyer will gather a range of evidence from eyewitnesses who witnessed the crash and provide written or oral evidence about how the crash occurred. Our team will also examine the various other evidence, like 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 accident was caused by defective equipment, or improper maintenance, we could sue the producers or the trucks. We could also sue the repair shop or mechanic who performed the repairs. We will attempt to resolve your case without going to court. If, however, the trucking firm 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 somerville truck accident attorney in which a judge or jury will decide on the dispute like who was the culprit and how much compensation you should receive. The legal damages you receive will be calculated by the sum of your losses, including financial, physical and emotional suffering. Statute of Limitations Understanding how these cases usually take place can help you prepare for what is to come and give you an idea of the time it might take to resolve your case. Liability is one of the most crucial steps. It is probable that a driver who was drowsy or distracted or impaired will be held accountable for the harm you suffered. However, there might be other parties equally responsible. For instance, if the crash was caused by poor repairs for instance, an individual mechanic who did the work or a company that made the truck or its components might be held responsible according to the legal doctrine of respondeat superior. It's also possible that liable party may have committed a more serious reckless act that might entitle you to punitive damages. To establish this, we have to prove that the liable party acted with reckless disregard of your safety or that of others. It's important to work with an attorney who is familiar with the complexities of truck accidents. Insurance firms and attorneys for the at-fault party are usually sheepskin wolves and will try to force you to sign documents that they can later use against you. You can stay clear of these pitfalls by hiring an attorney to manage your communications.