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The Process of a Truck Accident Lawsuit Truck accidents can cause severe and permanent injuries. These can result in significant medical costs, lost wages and psychological harm. Your attorney will prepare a Summons and Complaint against all responsible parties. This process can take several years. Your lawyer can help determine whether the shared responsibility has been properly assessed and assigned. Investigations A truck accident could be more severe than an auto accident. A truck accident can have devastating consequences for the person. The consequences are more complicated due to the size and weight. These accidents also require more intricate investigations. Because of this, insurance companies and trucking firms often conduct their own investigation immediately following an accident to protect their interests. The problem is that victims are left to deal with their injuries, and aren't in a position to gather evidence. This leaves them in a position of disadvantage compared to the insurance provider and trucking company. ventura truck accident attorney for truck accidents who is skilled will look for evidence in a variety of sources, such as police reports, witness testimony and inspections of vehicles. A lawyer who is experienced does not rely on reports from the police because they are usually insufficient for civil litigation. Police officers are not trained to conduct an effective investigation, and they may not gather all the evidence needed to support a lawsuit. Other types of information may include logbook records, maintenance and service records from the truck. The data from the event data recording device (also known by the name black box) is also available. A skilled attorney will request these as well as other types of evidence from the truck driver and the trucking company and carefully examine them to determine the cause of the accident. Expert Witnesses A expert witness for a truck accident could help your attorney prove different aspects of the case. Medical experts, for example, can prove to your lawyer that the accident caused your injuries. Experts will also testify on how your injuries affect your life's quality of living in the future. Expert witnesses can also assist your lawyer determine the value of your damages, which could include lost income and loss of future earning capacity. Experts can review physical evidence and explain the impact of your injury on your future. For instance medical experts can show how your accident can affect your mental and physical well-being. Another type of expert is a metallurgist, who can identify the reason a part of a vehicle failed. Experts can determine if weather played a role in the crash. Your expert's responsibility is to provide an impartial and objective opinion after having examined the evidence. However, some experts can be a liability risk for your case if they're biased or have ties to the defendant's companies. Your attorney can conduct an investigation into their background to determine these risks and make sure that you have the most qualified experts on your side. Apart from expert witnesses, your lawyer will also speak with you and witnesses, including people who saw the accident taking place before it happened. Be aware that the insurance companies of the defendants will try to convince you to admit guilt or make statements which they can twist and change to make your case more difficult. Litigation Just like other drivers truckers are required by law to adhere to a obligation to observe traffic laws and to exercise reasonable care when driving. If they do not fulfill this duty and their negligence causes a crash, they may be held accountable for damage to those who were injured in the crash. To demonstrate the defendant's culpability, our attorney will gather a number of eyewitnesses who witnessed the crash and give written or oral evidence about how the collision occurred. Our team will also look at various other evidence, including skid marks and areas of impact, and conduct crash tests. Sometimes the reason for a truck accident is complicated with multiple parties. If the truck crash was caused by defective equipment, or improper maintenance, we can sue the makers or the trucks. We might also sue the repair shop or mechanic accountable for the repairs. We will try to settle your case outside of the courtroom. If, however, the trucking firm or its insurer does not agree to a fair settlement, we will prepare to go to trial. During the trial the jury or judge will decide on any disputed issues such as who was at fault for the crash and the amount of compensation you should receive. The total amount of your legal damages will be determined based on the losses you have documented, which comprise financial, physical and emotional pain. Statute of limitations Although navigating the legal system following a truck accident may be confusing, knowing the way these cases are handled can help you prepare for the future and give you a better idea of the length of time your case might take. The process of establishing liability is among the most important steps. It is probable that a driver who was drunk, distracted, or otherwise impaired will be held accountable for the damages you suffered. There may be other parties equally responsible. If the crash was caused by faulty repairs and/or a mechanic, then the company that made the truck or its components could be held responsible according to the legal theory of respondeat superior. It is also possible that the liable party committed a more severe reckless act that could result in punitive damages. To do this, we must prove that they behaved in a willful and wanton way, and with a disregard for your safety and that of others. It's important to work with an attorney who is familiar with the complexities involved in truck accidents. Insurance companies and at-fault parties' attorneys are frequently as wolves in sheep's clothes and will try to collect statements from you that they can use against you in the future. You can steer clear of these pitfalls by having an attorney manage your communications.