Truck Accident Litigation
There are a myriad of potential defendants in the litigation involving truck accidents. These defendants may include the driver of the truck as well as their employer, as well as a company that manufactured defective equipment or an individual contractor who improperly loaded cargo.
Many trucks have event data recorders (also called black boxes) which can aid investigators in determining what caused the crash took place. Personal injury lawyers who have experience can match the log book information with the accident.
Investigation of the Scene
When a car wreck occurs the first step in an investigation is usually to gather physical evidence and then take photographs. When it comes to truck accidents there are numerous other factors to take into consideration. Trucks are often carrying dangerous goods and even a minor collision can result in fatal or serious injuries.
The investigation process is more complicated than a typical car accident. It is also longer, and it requires the assistance of experts in different fields. Luckily, a lawyer with experience can connect you with the most qualified people for this task.
An exhaustive investigation into a truck accident involves interviewing eyewitnesses as well as visiting the site of the crash. Experts are also needed to reconstruct the accident using the physical evidence. This information is crucial in making a defendant accountable for the incident.
A lawyer should also inquire with the trucking company as well as the driver for any information they believe to be relevant to the case. This could include information on the safety guidelines of the trucking company as well as training procedures and maintenance protocols. The past of the driver is also important. This could include any previous incidents, reprimands or drug/alcohol tests results.
Another thing to gather is the data from the truck's black box. These devices, which are similar to those found in planes, can provide a lot of information about the accident. Your attorney should get this information as soon as possible, as it may disappear over time due to weather conditions or passing traffic.
The attorney should also gather medical records from the victims of the crash. These records will show that the injuries sustained in the accident have triggered long-lasting and extensive damage. It is vital to preserve these documents, as well as any doctor's notes or treatment schedules that are available.
Expert Witnesses
The majority of truck accidents are settled between the insurance company, the person who was injured and the trucking company. However, there are some that do not and need to be brought to the court. https://vimeo.com/706809465 is where expert witnesses play a vital role. They are experts who have the knowledge, training and expertise to analyze the facts in your case and present their views to the jury. They can explain complex mechanical concepts, medical concepts, and economic concepts to jurors with only a basic understanding of them.
Expert witnesses could vary from a basic car mechanic to a metallurgist that can examine the failure of a truck's component or a pathologist who will determine what caused the death. They might be required to examine and testify to specific aspects of your case, such as the force of the crash and the velocity of the vehicle, or the accident reconstruction.
Medical experts are also called upon to assess the extent and severity of your injuries. Insurance companies will often contest this area, claiming that you exaggerate your injuries or the fact that these were pre-existing injuries and that the accident didn't cause any further harm. In these situations your lawyer will call an independent medical expert to challenge the doctor's testimony for insurance companies.
A witness who is an expert in the field can be very helpful in proving a trucker was negligent. They will use their knowledge to help the jury understand the truck driver's failure to fulfill his or her responsibilities and the financial repercussions which resulted from this failure and how that failure affected you.
GPS Tracking
It is not uncommon for victims of truck accidents sustain serious injuries. They must be compensated for medical expenses, lost wages, suffering, along with other expenses. 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 in the event of an accident. These devices are utilized by the trucking industry, and they often contain a variety of vital information that can help determine responsibility. A Qualcomm system provide, for instance, important information such as speed of braking, engine performance, and service hours. This information can be paired with other evidence, like eyewitness testimony to reconstruct the scene of an accident.
Dash cams as well as telematics records can also be useful in the event of a truck crash. Telematics involves the collection of information gathered by a vehicle's onboard computer. This information is used to coach fleet drivers and to record incidents. This can include important information such as speed, hard brakes, phone usage and more. This can be compared against the log books of the truck driver to determine whether accurate records were recorded.
Another important piece of information is any fax communications records that might have been sent out regarding the journey prior to the accident. This information can include the route, destination, any stops made during the journey as well as any messages exchanged between the trucker and the company. A skilled personal injury lawyer can use this information to prove that the trucker was distracted, followed unsafe procedures, or taking risks that were not necessary.
If a victim of a truck crash can prove that the trucking company or driver or any other defendants, did not fulfill their duty of care and caused the collision and caused the accident, they should be held accountable for any injuries suffered as a result. Plaintiffs must prove that the defendants broke a law or regulation, and that the violation caused harm. It is much simpler to prove that a violation of the traffic law was wrongful however, Federal regulations require a more complex analysis.
The process of negotiating a settlement
In many cases truck accident victims can settle their case without going to trial. The process of reaching settlement involves discussing the details of your case with an insurance provider and determining the amount you are entitled to under state law. A skilled attorney in truck accidents will evaluate your injuries and document the damage you have suffered as a result of the crash to determine how your case is worth. Then, the attorney can use the results of other similar cases involving similar truck accidents as well as how juries have awarded victims in similar situations to determine the fair amount to settle.
Your lawyer may also work with the insurance company to ensure that the settlement you receive covers the damages you have documented. This will include any amount you've lost due to missing work to seek treatment for your injuries. The lawyer can help you document these losses, including former pay stubs. If you're not able to return to the same type of job due to your injuries, you may be entitled to compensation for loss of earning potential in the future as well.
Insurance companies usually begin the discussion by making an offer of low value. This is a common tactic to determine how desperate you are to negotiate a settlement and can affect the value of your case. A seasoned attorney can prevent being judged low-balled by staying calm and never giving in to pressure to accept a poor settlement.
After your lawyer has reached a reasonable settlement amount, they'll make a written demand for settlement to the responsible party that must be addressed within 30 days or your right to bring a lawsuit against the responsible party in court will be revoked. In certain cases, a trucking company will refuse to negotiate and your attorney will file a lawsuit against the negligent party.
It is difficult to give an estimate of the value of a truck crash settlement as each case is unique. For instance, the severity of the injuries and how long you'll miss work to receive medical treatment are some of the factors which can be different. Settlements for truck accidents can be millions of dollars.