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The Process of a Truck Accident Lawsuit Many accidents involving trucks cause serious and lifelong injuries. mission viejo truck accident attorney can result in significant medical costs, lost income and psychological damages. Your lawyer will issue a Summons and Complaint to all parties that are responsible. The process could last for several years. Your lawyer can assist you determine whether any shared responsibility been properly assessed and allocated. Investigations If someone is injured in a truck accident there is much more at stake than an auto crash. A truck accident could result in life-altering consequences. The consequences are more complex due to the weight and size. These accidents also require more sophisticated investigations. Because of this, insurance companies and trucking firms often conduct investigations following a crash to protect their interests. The issue is that the injured are left to manage their injuries, and aren't able to collect evidence. This leaves them at a disadvantage compared to the insurance company and trucking companies. A seasoned attorney for truck accidents is able to find evidence from various sources which include police reports witness statements, and vehicle inspections. A seasoned attorney will not depend solely on police reports, however, since these reports are typically not adequate for civil litigation purposes. Police officers are not trained to conduct a proper investigation and might not be able to gather all the evidence needed for an action. Other kinds of records include logbook data, maintenance and service records for the truck and other equipment, data from the event data recorder (also known as 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 kinds of evidence and then carefully analyse them to determine the root of the accident. Expert Witnesses An expert witness can assist your lawyer to prove different elements of your truck accident case. For instance an expert in medical science can prove to your lawyer that the crash resulted in your injuries. Experts can also testify about the impact your injuries will have on your quality of life in the future. Expert witnesses can assist your lawyer calculate the value of your damages, which could include lost income and loss of earning capacity in the future. Experts can examine the physical evidence and explain the impact of your injury on your future. For example an expert in medical science will explain how the accident can impact your mental and physical well-being. A metallurgist is an additional type of expert who can analyze the reasons why a vehicle component failed. There are also experts who can examine the way in which weather conditions could have contributed to the crash. The main function of your expert witness is to analyze the evidence and give an objective and impartial opinion. Some experts could be a liability to your case in the event that their opinions are biased or they have ties with the defendants. Your attorney can perform an investigation into the background of the expert witness to find out any potential risks. Your attorney will conduct an interview with you, as well as any other eyewitnesses who saw the incident prior to it happening. You should be aware that the insurance companies of the defendants will try to get your to admit guilt or give statements that they can twist and alter to reduce your chances of winning. Litigation Like all drivers truckers are required by law to adhere to a obligation to observe traffic laws and to use reasonable care when driving. If they fail to do so and their negligence leads to an accident, they could be held accountable for the injuries that victims are left with. Our lawyer will obtain evidence from eyewitnesses, and get oral or written testimony to prove that the defendant was negligent. Our team will also review the various other evidence, including skid marks and points of impact, as well as conduct crash tests. Sometimes, the cause of an accident involving a truck can be complex and involves multiple parties. If the accident was caused by defective equipment or improper maintenance, we could sue the manufacturers or the truck. We could also claim against the mechanic who did the repairs or the repair shop. We will attempt to resolve your case outside of court. However, if the trucking company or its insurer refuses an equitable settlement or offer, we'll prepare to go to trial. In a trial in which a judge or jury will rule on disputes such as who is at fault and what compensation you should get. Your legal damages will be calculated in accordance with the totality of your losses, including financial, physical and emotional suffering. Statute of limitations Although navigating the legal system following a truck crash can be a bit complicated, knowing how these cases usually go can help you plan for the future and give you a better idea of how long your case could take. Finding out who is responsible is one of the most important steps. It is possible that a trucker who was drowsy or distracted or impaired will be held responsible for the harm you suffered. However, there could be other parties who are liable as well. If the accident was the result of poor repairs such as a mechanic or company that manufactured the truck or its components could be held accountable under the legal theory of respondeat superior. It's also possible that the accountable party did a greater act of recklessness, which might entitle you to punitive damages. To be able to prove this, we must to establish that the liable party acted in reckless disregard to your safety, or that of others. It's important 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 attempt to convince you to sign documents that they can later use against you. You can stay clear of these pitfalls by hiring an attorney to handle your communications.