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The Process of a Truck Accident Lawsuit Accidents involving trucks can cause serious and permanent injuries. These accidents can lead to significant medical costs, lost income, and psychological injuries. Your lawyer will file a Summons and Complaint against all liable parties. This process could take a few years. Your lawyer can help you determine whether any shared responsibility has been properly assessed and assigned. Investigations A truck accident can be more severe than an auto accident. A truck crash can have life-changing effects. The impact is also more complex due to the weight and size. These accidents also require more intricate investigation. To protect their interests the trucking companies and insurance companies will usually conduct their investigations as soon as they are aware of a crash. The issue is that the injured are left to deal with their injuries and aren't being able to gather evidence. This puts them at a disadvantage in comparison to the trucking company and insurance companies. A seasoned truck accident attorney will seek evidence from a variety of sources which include police reports witness statements, and inspections of vehicles. A skilled lawyer should not rely solely on police reports, however, as these documents are not always sufficient for civil litigation purposes. Police officers aren't properly trained to conduct an appropriate investigation and might not be able to gather all the evidence required to file a lawsuit. Other kinds of information could include logbook and maintenance records and service records from the truck. Data from the event data recording device (also known as the black box) is also available. A competent attorney will ask the driver of the truck as well as the trucking company for these and other types of evidence, and then analyse them to determine the reason for the accident. Expert Witnesses A expert witness for a truck accident could assist your attorney in proving different elements of the case. For example an expert in medicine can provide evidence that the crash resulted in your injuries. Your expert can also testify as to how your injuries will affect your future quality of life. Expert witnesses can help your lawyer calculate the value of your damages, including lost income and loss of earning capacity in the future. Your doctor can look over physical evidence and discuss the consequences of your injury on your future. A medical expert is a good example. They can explain how the accident could affect your physical and mental health. Another type of expert is a metallurgist that can examine the reasons why a part of a car failed. There are experts who can determine if weather was a factor in the crash. The primary role of your expert is to evaluate the evidence and give an objective opinion. Certain expert witnesses could be a liability for your case when their opinions are biased or they have ties with the defendants. Your attorney can perform a background check on the expert witness to identify any risks that could be present. Aside from experts, your lawyer will also interview you and witnesses, including people who saw the accident taking place before it occurred. Be aware that the insurance companies of the defendants will try to get your to acknowledge your responsibility or make statements which they can twist and alter to make it appear as though they are trying to undermine your case. atlanta truck accident lawsuit Like all drivers, truck drivers have a obligation to follow traffic laws and to take reasonable care on the road. If they fail to comply with these rules and their negligence causes an accident, they could be held liable for the accident damages that victims are left with. To show the defendant's negligence our lawyer will gather array of evidence from witnesses who witnessed the crash and provide written or oral testimony about how the collision occurred. Our team will also examine other evidence, including skidmarks and points of impact. They will also conduct crash testing. Sometimes, the cause of an accident involving a truck is complex and involves multiple parties. For instance, if the truck crash was caused by defective equipment or improper maintenance, we might seek to sue the producers of that equipment or the trucks themselves. We could also sue the mechanic or repair shop responsible for performing the repairs. We will attempt to resolve your dispute outside of the courtroom. However, if the trucking company or its insurer does not agree to a fair settlement and we are unable to reach a fair settlement, we will go to trial. During the trial the judge or jury will decide on disputed issues such as who was responsible and the amount of compensation you should receive. Your legal damages will be calculated based on the total of your losses, which includes financial, physical and emotional pain. Statute of Limitations While the legal process following a crash with a truck can be a bit complicated, knowing how these cases typically proceed can help you prepare for what's to come and give you a better sense of the length of time your case might take. Establishing liability is one of the most important steps. If a truck driver was drowsy or distracted, for instance then it is likely that they'll be held accountable for the damages you suffered. There could be other parties equally responsible. For instance, if the accident resulted from faulty repairs such as an individual mechanic who did the work or a business which made the truck or its parts could be held liable according to the legal doctrine of respondeat superior. You may also be entitled to punitive damages if the responsible person acted in a manner of recklessness that was more acrimonious. To prove this, we must prove that they acted in a willful and wanton way, and with a disregard for your safety and the safety of others. It's crucial to work with an attorney who is familiar with the complexities involved in truck accident cases. Insurance companies and the attorneys representing the parties at fault are frequently sheep in sheep's clothes and will try to get statements from you that they could use against you later. If you have an attorney handling all communications, you'll avoid these traps.