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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 as well as psychological harm. Your lawyer will issue an Summons and Complaint to all parties that are responsible. The process can take a few years. Your lawyer can help you determine whether the shared responsibility has been properly assessed and assigned. Investigations A truck accident could be more serious than a car accident. The consequences of a truck crash can be devastating and the impact is more complicated due to the size and weight of a commercial truck. These accidents also require more complicated investigations. This is why insurance companies and trucking firms frequently conduct their own investigations following an accident to safeguard their interests. The issue is that victims are left to deal with their injuries and are not capable of obtaining evidence. This puts them at a disadvantage when compared to the insurance provider and trucking company. A truck accident lawyer who is skilled will look for evidence in a variety of sources, such as police reports, witness testimony, and inspections of vehicles. A knowledgeable lawyer will not depend solely on police reports however, since these reports are not always sufficient for civil litigation purposes. Police officers aren't taught to conduct a proper investigation and may fail to gather all the evidence needed for a lawsuit. Other types of records include logbook data, maintenance and service records for the truck as well as data from the event data recorder (also known as a black box) and more. A competent attorney will request both the driver of the truck and trucking company for these and other types of evidence and then carefully analyze them to determine the causes of the accident. Expert Witnesses An expert witness can assist your lawyer prove the various elements of your truck accident case. A medical expert could, for instance, provide proof to your lawyer that the accident led to your injuries. Experts can also testify regarding how your injuries could 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. An expert can look over the physical evidence and explain the impact of your injury on your future. An expert in medicine is a good example. They can 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. There are experts who can determine if the weather was a factor in the crash. Your expert's role is to provide an impartial and objective opinion after having examined the evidence. Some experts could be a liability in your case when their opinions are skewed or they have ties with the defendants. Your attorney can perform an investigation of the background of the expert witness in order to identify any potential risks. In addition to expert witnesses, your attorney will also interview you and other eyewitnesses. This includes witnesses who witnessed the crash take place before it happened. You should be aware that the insurance companies of the defendants will try to convince you to acknowledge your responsibility or make statements which they can twist and change to reduce your chances of winning. Litigation Truck drivers are also required to follow traffic laws and take reasonable care when driving. If rhode island truck wreck lawyer fail to fulfill this obligation and their negligence causes a crash, they may be held liable for the 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 provide either oral or written testimony regarding the circumstances of the collision. Our team will also look at other evidence like skidmarks and points of impact. They will also conduct crash testing. Sometimes the cause of an accident involving a truck is complex, involving multiple parties. If the truck accident was caused by defective equipment or improper maintenance, we can sue the makers or the trucks. We might also bring a lawsuit against the mechanic that performed the repairs or the repair shop. We will try to resolve your case outside of court, however should the trucking firm or its insurer refuses to accept an acceptable settlement offer and we prepare for trial. During the trial in court, a jury or judge will decide on issues that are disputed, such as who was at fault for the accident and what amount of compensation you should be awarded. Your legal damages will be determined based on the total of your losses, which include financial, physical, and emotional pain. Statute of limitations Understanding how these cases normally are handled can help you prepare for what is to come and provide you with an idea of how long it will take to resolve your case. One of the most important actions is to establish the liability. It is possible that a trucker who was drowsy, distracted, or otherwise impaired will be held accountable for the damages you suffered. There could be other parties also liable. For instance, if the accident resulted from faulty repairs, for instance, a mechanic who performed the work or a company that manufactured the truck or its parts might be held responsible in the legal concept of respondeat superior. You could also be entitled to damages for punitive acts if the responsible person acted in a manner of recklessness that was more acrimonious. To prove this, we need to prove that the responsible party was reckless to your safety, or that 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 wolves in sheep's clothing and will attempt to obtain statements from you that they could use against you later. By having an attorney manage all communications, you'll avoid these pitfalls.