joliet truck accident lawsuit of a Truck Accident Lawsuit
Accidents with trucks can cause severe and permanent injuries. These accidents can result in significant medical costs, lost income, and psychological damage.
Your lawyer will make a Summons and Complaint against all responsible parties. This process could take a few years. Your lawyer can assist you determine whether any shared responsibility been properly assessed and assigned.
Investigations
A truck accident could be more serious than an auto crash. The consequences of a collision with a truck can be devastating and the impact is far more complicated due to the weight and size of commercial trucks. These accidents also require more intricate investigations.
To protect their interests in the event of a crash, trucking firms or insurance companies usually investigate immediately following an accident. The issue is that the victims are left to manage their injuries and are not capable of obtaining evidence. This puts them at a disadvantage comparison to the trucking company and insurance provider.
A seasoned attorney for truck accidents will seek evidence from various sources that include police reports, witness statements, and inspections of vehicles. A lawyer with experience is not relying on police reports alone because they are usually insufficient for civil litigation. Police officers are not trained to conduct an appropriate investigation and may not be able to gather all the evidence required to file a lawsuit.
Other kinds of information could include logbook records and maintenance and service records from the truck. Data from the device for recording events (also called a black box) is also available. A competent attorney will request the driver of the truck and the trucking company for these and other types of evidence and then carefully examine them to determine the cause of the accident.
Expert Witnesses
An expert witness can assist your lawyer prove the various elements of your truck accident case. For example an expert in medical science can prove to your lawyer that the crash caused your injuries. Your expert can be able to testify on the impact your injuries will have on your future quality-of-life. Expert witnesses can assist your lawyer determine your damages including lost income and your future earning capacity.
Your doctor can look over physical evidence and discuss the consequences of your injury on your future. For example an expert in medical science can explain how your accident can affect you in terms of physical and mental health. A metallurgist is an additional type of expert who will analyze the causes behind why a component failed. There are also experts who examine the way in which weather conditions could have caused the crash.
The main function of your expert is to analyze the evidence and offer an impartial opinion. However, certain expert witnesses could be an issue in your case if they are biased or have ties to the defendants' companies. Your attorney can perform a background check to find the risks and ensure that you have the best experts on your side.
Your attorney will interview you, as well as witnesses who were present at the incident before it occurred. It is important to keep in mind that the defendants' insurance firms will attempt to force you to admit guilt or make statements that they can twist and deceive to undermine your claim.
Litigation
As with all drivers truck drivers also have a obligation to follow traffic laws and take reasonable care when they travel. If they fail to do so and their carelessness causes an accident, they could be held liable for the damage that the victims are liable for.
Our lawyer will collect evidence from eyewitnesses and obtain oral or written testimony to prove the defendant was negligent. Our team will also look at other evidence like skidmarks and points of impact, and conduct crash testing.
Sometimes the reason for an accident on the road is complicated with multiple parties. For example, if the truck crash was caused by defective equipment or improper maintenance, we could sue the manufacturers of that equipment or the trucks themselves. We could also sue the mechanic or repair shop responsible for the repairs.
We will endeavor to resolve your case outside of court, but in the event that the trucking company, or its insurer is unable to make a fair settlement offer and we prepare for trial. During the trial, a judge or jury will decide on issues that are disputed, such as who was responsible for the accident and the amount of compensation you should be awarded. The legal damages you receive will be calculated based on the total of your losses, which includes financial, physical and emotional suffering.
Statute of limitations
Although the legal process after a truck accident can be complex, understanding the way these cases are handled can help you prepare for what's to come and give you a better sense of the length of time your case might take.
One of the most crucial steps is establishing the extent of liability. If the truck driver was tired or distracted, as an example it is likely that they'll be held accountable for the damages you suffered. There could be other parties that are also liable. If the crash was the result of poor repair such as a mechanic or company that manufactured the truck or its components could be held responsible under the legal theory respondeat superior.
You may also be entitled to damages for punitive if the guilty person committed an act of recklessness that was more acrimonious. To prove this, we need to establish that the liable party acted with reckless disregard of your safety or that of others.
It is crucial to choose a lawyer who is familiar with the complexities of truck accident cases. Insurance firms and attorneys for the at-fault party can be seen as the wolves in sheepskins who attempt to convince you to make statements that they can later use against you. If you have an attorney handling all communications, you'll stay clear of these traps.