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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 damage. Your attorney will prepare a Summons and Complaint against all parties liable. This process can last several years. Your lawyer can help you determine whether any shared responsibility been properly assessed and allocated. Investigations A truck accident can be more severe than an auto collision. The effects of a crash involving a truck can be life-altering and the impact is far more complicated due to the size and weight of commercial trucks. These accidents also require more intricate investigation. To protect their interests the trucking companies and insurance companies often conduct investigations right after a crash. The issue is that victims are left to handle their injuries and aren't in a position to gather evidence. This puts them at a disadvantage in comparison to the trucking company or insurance company. A lawyer for truck accidents with experience will search for evidence in a variety sources, such as police reports, witness testimony and vehicle inspections. A knowledgeable lawyer will not depend solely on police reports, however, as these reports are typically not adequate for civil litigation. Police officers are not trained to conduct an effective investigation, and they may not be able to gather all the evidence needed for the filing of a lawsuit. Other kinds of information could include logbook records and maintenance and service records from the truck. Data from the event data recording device (also called a black box) is also available. A skilled attorney will request these as well as other types of evidence from the truck driver and trucking company and then carefully analyze them to determine what caused the accident. Expert Witnesses A professional witness can help your lawyer to prove different elements of your truck accident case. For instance medical experts can give your lawyer proof that the crash caused your injuries. Experts can also testify regarding how your injuries will impact your quality of life in the future. Expert witnesses can assist your lawyer assess the value of your damages, which could include lost income and loss of earning capacity in the future. An expert can look over the physical evidence and explain how your injury will impact your future. For example an expert in medical science will explain how the accident will affect your physical and mental well-being. A metallurgist, for instance, is another kind of expert who can determine the reasons why a vehicle component failed. There are also experts who can assess the ways in which weather might have contributed to the crash. Your expert's job is to offer an honest and impartial opinion after having analyzed the evidence. However, some expert witnesses can become a liability risk for your case if they're biased or have ties to the defendants' companies. Your lawyer can conduct an identity check to identify these risks and make sure that you have the most qualified expert witnesses on your side. In addition to experts, your lawyer will also question you and witnesses, including witnesses who witnessed the crash take place before it happened. Be aware that the insurance companies of the defendants will try to get your to acknowledge your responsibility or make statements that they can twist and change to make it appear as though they are trying to undermine your case. Litigation As with all drivers, truck drivers have a duty to obey traffic laws and take reasonable care when they travel. If gresham truck accident lawyer fail to comply with these rules and their negligence results in a crash, they could be held responsible for the damages caused by the accident the victims suffer. To show the defendant's negligence our lawyer will gather range of evidence from eyewitnesses who witnessed the crash and give either oral or written testimony regarding the circumstances of the collision. Our team will also review other evidence such as skidmarks and points of impact and conduct crash testing. Sometimes, the reason for an accident involving a truck can be complex and involves multiple parties. For instance, if a truck crash was caused by defective equipment or poor maintenance, we might bring a lawsuit against the manufacturer of the equipment or the trucks themselves. We could also sue the mechanic or repair shop accountable for the repairs. We will attempt to resolve your dispute outside of court. However, if the trucking firm or its insurer is unwilling to accept a fair settlement then we will prepare to go to trial. During the trial in court, a jury or judge will rule on disputed issues like who was responsible for the crash and the amount of compensation you must receive. The legal damages you receive will be determined by the sum of your losses, including physical, financial, and emotional suffering. Statute of Limitations While the legal process following a truck crash can be a bit complicated, knowing the way these cases are handled will help you anticipate what's ahead and give you a better sense of how long your case could take. One of the most crucial actions is to establish the extent of liability. If the truck driver was tired or distracted, for instance then it is likely that they will be held responsible for your damages. There could be other parties as well. For instance, if the accident resulted from poor repairs, for instance, a mechanic who completed the work or a company which made the truck or its parts could be held liable under the legal theory of respondeat superior. It's also possible that the liable party may have committed a more serious reckless act that might entitle you to punitive damages. To be able to prove this, you need to prove that the liable party acted in reckless disregard for your safety or that of others. It is important to work with an attorney who understands the complexities of truck accidents. Insurance companies and the at-fault parties' attorneys are often wolves in sheep's clothing and will try to get statements from you that they can use against you in the future. If you hire an attorney to handle all communications, it is possible to avoid these traps.