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The Process of a Truck Accident Lawsuit Truck accidents can result in severe and permanent injuries. They can cause significant medical costs, lost wages and psychological harm. Your lawyer will file a Summons and Complaint against all parties liable. This process could take many years. Your lawyer can help determine if any shared responsibility has been properly assessed and assigned. Investigations If someone is injured in a truck crash there is much more at stake than an auto accident. The consequences of a truck crash can be life-altering and the resulting damage is more complex due to the weight and size of a commercial truck. These accidents also require more sophisticated investigation. As a result, insurance companies and trucking companies frequently conduct their own investigations following an accident to safeguard their interests. The victims are left to deal only with their injuries, and they are not able to gather evidence. This puts them at a disadvantage in comparison to the trucking company and insurance company. A seasoned truck accident attorney will seek evidence from many sources such as police reports, witness statements and vehicle inspections. A seasoned lawyer won't depend solely on police reports however, as these documents are usually not sufficient for civil litigation. Police officers may not be trained to conduct an investigation properly and might not gather all the evidence required to support the court case. Other types of data include logbook entries, maintenance and service records for the truck and the event data recorder (also known as a black box) and many more. A competent attorney will request these as well as other types of evidence from the truck driver and the trucking company and carefully examine the evidence to determine what led to the accident. Expert Witnesses A expert witness in a truck accident can aid your lawyer in proving different elements of the case. For example an expert in medical science can provide evidence that the crash resulted in your injuries. Your expert can also testify regarding the impact your injuries will have on your quality of life in the future. Expert witnesses can help your lawyer determine the value of your injuries, which includes lost income and loss of earning capacity in the future. A medical professional can examine physical evidence and discuss the consequences of your injury on your future. For instance, a medical expert can demonstrate how your accident can affect you in terms of physical and mental well-being. A metallurgist is a different kind of expert who can determine the causes behind why a component failed. There are experts who can determine if the weather played a role in the crash. Your expert's role is to give an impartial and objective view after analyzing the evidence. Some experts could be a liability for your case if their opinions are biased or they have connections to the defendants. cedar rapids truck accident attorney can conduct a background check to identify these risks and ensure that you have the most qualified expert witnesses on your side. Your lawyer will interview you, along with witnesses who were present at the incident prior to it happening. It is crucial to remember that the insurance companies of the defendants will try to convince you to admit guilt or to make statements they can twist and alter to undermine your claim. Litigation Truck drivers are also required to obey traffic laws and drive with reasonable care. If they do not comply with this obligation and their carelessness causes a crash, they could be held accountable for the damages caused by the accident to the victims of the crash. Our lawyer will collect evidence from eyewitnesses, and get oral or written testimony to prove that the defendant was negligent. Our team will also examine various other evidence, like skid marks or points of impact, and conduct crash tests. Sometimes, the reason for an accident involving a truck can be complex and involves multiple parties. For instance, if a truck accident was caused by defective equipment or inadequate maintenance, we could sue the manufacturers of that equipment or the trucks themselves. We could also sue the mechanic who performed the repairs or the repair shop. We will try to resolve your case outside of court. If, however, the trucking firm or its insurance company refuses to negotiate an equitable settlement, we will prepare to go to trial. During the trial in court, a jury or judge will decide on the merits of the dispute like who was responsible for the accident and what amount of compensation you must receive. The legal damages you receive will be determined according to the total of your losses, including physical, financial, and emotional suffering. Statute of limitations While navigating the legal process following a truck accident may be a bit complicated, knowing the typical procedure for these cases can help you plan for the future and provide you with a better understanding of the length of time your case may take. One of the most crucial actions is to establish the responsibility. It is possible that a trucker who was drowsy or distracted or impaired will be held accountable for the damages you have suffered. There may be other parties also liable. If the crash was the result of poor repairs and/or a mechanic, then the company that manufactured the truck or its components could be held responsible under the legal theory of respondeat superior. It's also possible the liable party did a greater reckless act, which might entitle you to punitive damages. To prove this, we need to prove that the responsible party acted with reckless disregard of 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 at-fault party are usually sheepskin wolves and will try to force you to sign documents that they later use against you. You can avoid these pitfalls by hiring an attorney to handle your communications.