Truck Accident Litigation
There are many potential defendants in truck accident litigation. These defendants could include the driver of the truck as well as their employer as also a company that manufactured defective equipment or an individual contractor who loaded cargo incorrectly.
Many trucks have event data recorders, sometimes referred to as black boxes. These can assist investigators in determining how an accident occurred. An experienced personal injury lawyer will know how to match the information with log books.
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In the event of a car crash, the first step in an investigation is usually to gather evidence in physical form and take photographs. The causes of truck accidents differ. There are a variety of aspects to consider. For example, trucks are often transporting dangerous items and even a minor crash could result in fatal or serious injuries.
This is why the investigation process is more complex than that of a standard car accident. It takes longer and requires the help of experts from a variety of fields. A lawyer who is experienced can help you find the right people to do this task.
An exhaustive investigation into a truck accident includes interviewing eyewitnesses, as well as going to the scene of the crash. It also requires the assistance of experts who can reconstruct the events that led to the accident based on the evidence gathered. This information is crucial to the case of a defendant being held accountable for the occurrence.
In addition, the attorney should seek any information from the trucking driver and the company that could be relevant to the case. This could include information about the safety guidelines of the trucking company maintenance procedures, safety policies, and training procedures. The past history of the driver is also important. This includes any previous incidents, reprimands or alcohol/drug tests.
The data from the black box of the truck is yet another element of evidence that should be collected. These devices are similar to ones found on airplanes and can provide a lot of information on how the accident happened. Attorneys must seek this information as quickly as you can, since it may disappear over time due to weather conditions or the passing traffic.
The attorney should also collect medical records from the victims of the crash. These records will show that the injuries sustained during the crash caused long-lasting and substantial damage. It is crucial to keep these documents along with any doctor's notes and treatment schedules.
Expert Witnesses
The majority of truck accidents are settled between the insurance company, the person who was injured and the trucking company. However, some do NOT and must be taken to the court. Expert witnesses are crucial in these cases. They are professionals who have the experience and training to evaluate the information in your case and give their opinion to the jurors. They can explain complex mechanical, physical, medical and economic concepts that the majority of jurors have no or little understanding of.
Expert witnesses can range from a simple car mechanic to a metallurgist who will evaluate the failure of a part of the truck or a pathologist who can determine the cause of death. They could be required to investigate and testify about particular aspects of your case, for instance the force of the collision and the velocity of the vehicle, or the reconstruction of the accident.
Another crucial area where experts are brought in is for medical experts to determine the severity of your injuries. This is a subject which is often contested by the insurance company as they attempt to claim that you're exaggerating your injuries or that they were pre-existing injuries and that the accident didn't cause any additional harm. In these situations, your attorney will call an independent medical expert to counter the doctor's testimony for insurance companies.
A witness who is an expert in the field can be helpful in proving a truck driver was negligent. They will make use of their expertise to help the jury comprehend the truck driver's failure to complete his or her job and the financial repercussions caused by that failure, and how that failure affected the person who was affected.
GPS Tracking
When accidents involving trucks happen, it is not uncommon for their victims to sustain serious injuries. They deserve compensation for medical bills, lost wages and suffering, as well as other costs. Cellino Law, a Manhattan truck accident lawyer firm, is ready to fight for justice and compensation for their clients.
GPS tracking is among the most effective methods used in cases of accident. These devices are an integral part of the trucking industry and usually have a variety of important information that could be used to determine the liability. A Qualcomm system, for instance provides important data on speed brake, engine performance and hours of service. This information can be paired with other evidence, like eyewitness accounts, to reconstruct the scene of the crash.
Other pieces of valuable information from a truck accident incident could include the records of the trucking company's telematics system and dash cameras. Telematics is the collection of data gathered by a vehicle's onboard computer that is used for fleet driver coaching as well as to record incidents. This could include vital details like speed, rough brakes, usage of phones and more. It can be compared to the log books of truck drivers to determine whether accurate records were recorded.
Another important piece of evidence is any fax communications records that were transmitted regarding the trip prior to the incident. This could include information on the route and destination, any stops along the way, and even an account of any messages between the driver of the truck and the company. An experienced personal injury lawyer could use this evidence to prove that the truck driver was distracted, not following safe procedures, or taking unnecessary risks.
When a victim of a car accident is able to demonstrate that the trucking company, driver or other defendants failed to adhere to their duty of care and caused the collision and the victim should be held responsible for any injuries incurred as a result. Plaintiffs must prove that defendants violated a statute or regulation, and that the violation caused harm. It is easy to prove that a violation was negligent in the context of traffic laws, however federal regulations require a more intricate analysis.
Negotiating a Settlement
In many cases truck accident victims can settle their claim without having to go to trial. The process of reaching settlement is to discuss the facts of your case with an insurance company, including the amount you are entitled to under the law of your state. A skilled attorney in truck accidents can evaluate your injuries and record the losses you've suffered due to the accident to determine the value of your case is. The attorney will analyze the results of similar cases involving truck accidents and how juries have awarded victims in similar situations to determine the fair amount to settle.
Your lawyer can also negotiate with the insurance company to ensure that the settlement you receive will cover your documented losses. This includes any money you have lost because of your inability to work to get treatment for your injuries. The lawyer can help you with the documentation required for these losses, which could include former pay statements. If your injuries prevent you from returning to the same job, you could be eligible for compensation.
Insurance companies typically start the conversation by offering an offer that is low. This is a standard tactic to determine how desperate are to settle your case and can affect the value of your case. An experienced attorney can avoid being mistreated by remaining calm and never giving in to pressure to accept an inadequate settlement.
Once your lawyer has agreed to a reasonable settlement amount, they'll make a written demand for settlement to the responsible party, which must be answered within 30 days or your right to pursue the responsible party in court will be revoked. In certain cases the trucking company may not negotiate and your lawyer will file a lawsuit against the negligent party.
It is impossible to give a general estimate of how much a truck accident settlement is worth because each individual case is unique including the severity of your injuries as well as the length of time you'll miss from work to receive medical treatment. It is however not unusual for settlements in truck accidents to reach millions of dollars.