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The Process of a Truck Accident Lawsuit Accidents with trucks can cause severe and permanent injuries. These accidents can result in massive medical expenses, loss of income, and psychological injuries. Your lawyer will issue a Summons and Complaint to the parties who are liable. The process can take a few years. Your lawyer can help determine if any shared responsibility has been properly assessed and assigned. Investigations When someone is injured in a collision with a truck there is much more at stake than in a car crash. A truck accident could have life-altering consequences. The impact is also more complex because of the size and weight. These accidents also require more sophisticated investigation. Because of this, insurance companies and trucking firms often conduct their own investigation immediately following a crash to protect their interests. The victims are left to deal with their injuries and are unable to collect evidence. This puts them at a disadvantage comparison to the trucking company and insurance provider. A skilled truck accident lawyer is able to find evidence from many sources which include police reports witness statements and inspections of vehicles. A seasoned lawyer won't rely solely on police reports, however, because these documents are usually not sufficient for civil litigation. Police officers aren't trained to conduct an appropriate investigation and might fail to gather all of the evidence required to file the filing of a lawsuit. Other kinds of records include logbook data, maintenance and service records for the truck and other equipment, data from the event data recorder (also called a black box) and many more. An experienced attorney will ask the driver of the truck as well as the trucking company for these and other types of evidence, and then examine them to determine the reason for the accident. Expert Witnesses A expert witness for a truck accident could aid your lawyer in proving various elements of the case. An expert in medicine could, for instance, give evidence to your lawyer that the accident caused your injuries. Experts will also testify on how your injuries will affect your future quality of life. Expert witnesses can assist your lawyer calculate the value of your injuries, which includes lost income and loss of earning capacity in the future. Experts can examine the physical evidence and explain how your injury will affect your future. Medical experts can, for instance, explain how the accident could affect your physical and mental health. A metallurgist is another type of expert who will analyze the reasons behind why a vehicle component failed. Experts can determine whether the weather was the cause of the crash. The primary role of your expert is to evaluate the evidence and give an impartial opinion. However, certain expert witnesses could be an issue in your case if they are biased or have connections to the defendant's companies. Your attorney can perform an investigation of the background of the expert witness to identify any risks. Apart from utah truck wreck lawyer , your lawyer will also interview you and other eyewitnesses. This includes witnesses who witnessed the crash taking place prior to when it occurred. It is important to note that the insurance companies of the defendants will attempt to force you to admit fault or to make claims they can twist or distort to deny your claim. Litigation Truck drivers must also adhere to traffic laws and use reasonable care when driving. If they fail in this duty and their negligence leads to a crash, they could be held responsible for accident damages suffered by those who were injured in the crash. To show the defendant's negligence our lawyer will collect a range of evidence from eyewitnesses who witnessed the crash and provide written or oral evidence about how the collision occurred. Our team will also look at various other evidence, like skid marks and points of impact, as well as conduct crash tests. Sometimes, the reason for 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 trucks. We might also bring a lawsuit against the mechanic that performed the repairs or the repair shop. We will attempt to resolve your case outside of the courtroom. However, if the trucking firm or its insurer refuses an equitable settlement and we are unable to reach a fair settlement, we will go to trial. During a trial in which a judge or jury will rule on disputes such as who is at fault and what amount of compensation you are entitled to. The total amount of your legal damages will be based on the losses you have documented, which comprise financial, physical and emotional pain. Statute of Limitations Although the legal process after a truck accident can be complicated, understanding 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. Finding out who is responsible is one of the most important steps. If the truck driver was tired or distracted, for example it is likely that they will be held responsible for the damages. There could be other parties that are as well. If the crash was the result of poor repair such as a mechanic or company that made the truck or its components could be held responsible in the context of the law governing respondeat superior. It's also possible the accountable party did a greater act of recklessness, which could result in punitive damages. To establish this, we have to prove that the responsible party acted recklessly for your safety or that of others. It is essential to work with an attorney who is familiar with the complexities involved in truck accidents. Insurance companies and attorneys for the at-fault party are usually the wolves in sheepskins who try to force you to make statements that they can later use against you. You can avoid these traps by hiring an attorney to manage your communications.