Note: Stella’s story is a fictional scenario presented to help illustrate how expert witnesses play a crucial role in trucking accident cases.
Introduction
To answer the question of, “are expert witnesses necessary in truck accident cases?,” we must first define what an expert witness is. In a trucking accident, an expert witness is a professional with specialized knowledge, such as a medical expert, engineer, accident reconstructionist, or trucking industry expert. The expert witness provides testimony in court to explain complex details of the accident, assess liability, and help the jury understand aspects of the case.
These aspects typically revolve around the severity of injuries sustained, crash dynamics, scene analysis, truck maintenance, and safety regulations. Essentially, they offer an objective opinion to help determine who is at fault and the extent of damages involved.
An expert witness is different from a third party driver who happened to see the accident. However, both can be incredibly valuable in providing statements about what happened.
What expert witnesses do
Here are a few points to consider when it comes to expert witnesses in trucking accidents:
- They provide diverse expertise from various occupational backgrounds.
- They are crucial when it comes to complex details about the trucking accident.
- Their testimony can be vital in determining who is at fault by analyzing various factors.
- They can assess damages by evaluating the severity of injuries and potential long-term effects, which helps in calculating fair compensation for the victim.
Expert witnesses are crucial in helping victims receive compensation for personal injury, which is a category of law that trucking accidents fall under. They are a resource civil lawyers can use to help build a case against the responsible party or parties. They can profoundly impact the outcome of your case because of their extensive research, knowledge, and experience.
Types of liabilities
In a trucking accident, here are some potential liabilities that expert witnesses consider:
- Faulty brakes
- Road problems
- Mechanical defects
- Lack of cargo securement
- Failure to follow safety regulations
- Improper maintenance of the truck’s inspections and repairs
- The truck driver speeding or driving distracted, sleepy, or drunk
- The company hiring a driver with a history of accidents or traffic violations
- The trucking company’s responsibility for adequate training, supervision, or screening
The purpose of a lawsuit
Expert witnesses can help support victims in receiving compensation, which is the whole purpose of the lawsuit. Personal injury lawsuits aim to compensate victims for things like lost wages, medical bills, and pain and suffering.
Can you file a lawsuit without an expert witness?
Technically, you can file a trucking accident lawsuit without expert witnesses, but it is highly recommended you have them, especially when complex issues are involved.
In many cases, expert witnesses are necessary to prove negligence and liability. As a defense strategy, many trucking companies have their own expert witnesses to refute your claim.
This is why having your own expert witnesses is so important; they can help you fight back. Potential drawbacks to not having expert witnesses are a weakened case and lower settlement offer.
Stella’s story
During the middle of the night, Stella was driving through Ozark, Arkansas when she was struck by a truck whose driver ran a red light. It was 2:00 in the morning, and there were no other drivers on the road. There wasn’t even a red light camera at the intersection where the accident happened.
The crash was near-fatal, and Stella landed in the hospital with severe injuries. After receiving immediate medical care, she got a lawyer to help her sue the other driver for negligence. They weren’t sure of the reason he ran the red light. Were his brakes faulty, or did he neglect to stop because he wasn’t paying attention? These questions are important because the answers determine who is at fault.
When asked what happened, the driver said his brakes gave out. If this is what really happened, Stella wanted to sue the party responsible for maintaining the truck’s safety mechanisms. Perhaps the driver and the trucking company are both responsible for performing routine break checks.
On the other hand, maybe the manufacturer or maintenance company is responsible for the defects. Her attorney helped her contact expert witnesses to determine if the driver was telling the truth about faulty brakes and who is responsible for the maintenance of those safety features. They consulted a medical expert to assess the financial damages from her injuries. They also asked a trucking industry expert to assess the proper functioning of the brakes.
How can a lawyer help?
A lawyer can help you determine whether or not expert witnesses are necessary. They often have a large network of experts to draw from in the form of a contact list, which makes it easier for you to maneuver those communications.
Lawyers also may have expert witness directories. Lastly, lawyers can help you select an expert witness who meets the qualifications needed to help build your case. A lawyer can even qualify an expert witness through a direct examination called voir dire.
Conclusion
Here at The Law Offices of Craig L. Cook, we specialize in trucking accidents. Combined, we have over 40 years of experience serving clients like you in Arkansas and Oklahoma. We know trucking accidents can be serious, and potentially even fatal. We are here to serve victims in getting the compensation they deserve. Time is of the essence, as there are statutes of limitations on filing personal injury lawsuits. The sooner you book a free consultation with us, the sooner we can get started on recovering damages as you recover from your injuries. Reach out to us today!
