Truck Accident Litigation
There are a lot of potential defendants in truck accident litigation. These defendants may include the driver of the truck and their employer as well as a company that manufactured defective equipment, or a contractor who improperly loaded cargo.
Many trucks have event data recorders, also known as black boxes. They can aid investigators in determining the cause of an accident occurred. Personal injury lawyers who are experienced be able to match the information with log books.
Investigation of the Scene
In the event of a car crash the first step in an investigation is to gather physical evidence and take photographs. When it comes to truck accidents there are numerous other things to consider. Trucks are often carrying dangerous items and even a minor incident can cause serious or fatal injuries.
The investigation process is more complex than the typical car accident. It takes more time and requires the help of experts from different areas. Fortunately, a qualified lawyer can connect you to the most qualified people for this task.
An exhaustive investigation into a truck accident involves interviewing eyewitnesses as well as visiting the scene of the crash. Experts are also required to reconstruct the crash based on the collected physical evidence. This information is vital in the case of a defendant being held accountable for the incident.
In addition, the attorney should seek any details from the truck company and driver that could be relevant to the case. This could include information about the safety policies of the trucking firm maintenance protocols, as well as training procedures. Also, the history of the driver of the truck is important including any previous incidents, reprimands or alcohol/drug test results.
Another thing to look for is the information from the truck's black-box. These devices are similar to the ones found in airplanes, and can provide a wealth of details about what caused the accident. Attorneys must request this information as soon as possible, as it could disappear over time due to weather conditions or traffic.
A lawyer should also collect medical records of the victims. These documents will help prove that the injuries suffered during the crash resulted in significant and long-lasting damage. It is crucial to save these documents, along with any doctor's notes or treatment schedules that are readily available.
Expert Witnesses
While the majority of truck accidents result in a settlement between the insurance company and the injured party however, some don't and must be tried in the court. Expert witnesses play an important role. They are professionals with the training and knowledge to evaluate the evidence in your case, and give their opinion to the jurors. They can explain complicated mechanical, physical, medical and economic concepts that the majority of jurors have no or little knowledge of.
Based on the type of expert witness needed, they can be as simple as a mechanic who can determine why your vehicle was damaged during the crash and metallurgists who conduct a failure analysis of the truck part that is in question or pathologists who determine the reason for death. carson truck accident attorney might also be required to testify and examine particular aspects of your case such as the force of the collision as well as the velocity of the vehicle or the reconstruction of an accident.
Another area in which experts are brought in is to help medical experts verify the severity of your injuries. Insurance companies typically contest this issue, claiming you exaggerate the severity of your injuries or the fact that these were pre-existing injuries and that the incident didn't cause any additional damage. In these instances, your attorney may call an independent expert who will challenge the claims of the insurance's doctor.
In the end, an expert witness can be crucial when it comes to finding out that the trucker at fault in the accident was negligent in any way. They can use their expertise to assist the jury in understanding the reasons why the truck driver failed to do his or her job, what that failure caused and the financial consequences that resulted from the negligence for you.
GPS Tracking
When accidents involving trucks happen, it is not unusual for victims to suffer serious injuries. They are entitled to compensation for medical expenses, lost wages, 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 efficient technologies for accident cases. These devices are a standard of the trucking industry and usually contain a range of important information that could be used to determine liability. A Qualcomm system, for instance provides important information about speed, braking engine performance, and hours of service. This information can be paired with other evidence, for instance eyewitness accounts, to reconstruct the scene of an accident.
Other valuable pieces of information in a car accident incident could include the records of the trucking company's telematics system and dash cams. Telematics is a set of data gathered by the vehicle's onboard computer. It's used for fleet driver coaching and to record incidents. This data could include speed, harsh braking and phone usage. This information can be compared to the log books of the truck driver to see whether accurate records were recorded.
A fax report of any communications regarding the trip prior to the accident is also vital. This could include information about the route, destination, and any stops on the way and any messages exchanged between the trucker and the company. This information can be used by a skilled personal injury lawyer to show that the trucker was distracted or not following safe procedures.
When a victim of a car accident can show that the trucking company, driver or any other defendants did not uphold their duty of care and caused the accident they must be held responsible for any injuries that may have occurred as a result. To win a case, the plaintiff must show that the defendant acted in violation of an act or regulation and that the breach directly caused harm. It is easier to prove that a violation was negligent in the context of traffic laws, however federal regulations require a much more complicated analysis.
Negotiating a Settlement
In many cases the truck accident victim is able to settle their case without going to trial. The process of reaching an agreement involves discussing the facts of your case with an insurance provider including the amount you are legally entitled to under state law. A lawyer who handles truck accidents can evaluate your injuries, and document the damages you suffered as a result to determine the value of your case. The lawyer can then utilize the results of other similar lawsuits for truck accidents and the amount of compensation juries awarded victims in similar situations to calculate the amount of a fair settlement.
Your lawyer can also work directly with the insurance company in order to ensure that the settlement you get will adequately cover the damage you've that are documented. This includes the money you lost because you missed work to receive treatment for your injury. The lawyer can assist you with submitting documentation to prove the losses you suffered, including old pay receipts. If your injuries hinder you from returning to the same job, you could be entitled to compensation.
Insurance companies typically begin the discussion with an offer that is low. This is a common tactic to gauge how desperate you are to negotiate a settlement and can impact the value of your case. A lawyer with experience can avoid being deceived by remaining calm and not giving in to pressure to accept the terms of a settlement that are not adequate.
After your lawyer has agreed to an amount that is fair then they will mail the at-fault person a written demand for a settlement. The party must reply within 30 days, or else you lose the right to pursue them in court. In some instances trucking companies will not negotiate and your lawyer will bring a lawsuit against the negligent party.
It is difficult to give an estimate of the value of a truck crash settlement because every case is different. For instance the severity of the injuries and the amount of time you'll be away from work for medical treatment are some of the factors that can vary. Settlements from truck accidents can amount to millions of dollars.