Truck Accident Litigation
Truck accident litigation can involve an array of possible defendants. These defendants may include the driver of the truck and their employer, as in addition to a company which produced defective equipment or a contractor who improperly loaded cargo.
Many trucks are equipped with event data recorders (also called black boxes) which can aid investigators in determining the cause of an accident occurred. Personal injury attorneys with experience will be able to match the log book information with the accident.
Investigation of the Scene
In the event of a car crash the first thing you need to do is gather evidence. When it comes to truck accidents there are a variety of aspects to be considered. For instance truck accidents often involve dangerous goods and even a minor crash can cause serious or fatal injuries.
The process of investigation is more complex than the typical car accident. It is also more time-consuming, and it requires the assistance of experts in various areas. Luckily, a reputable lawyer can connect you with the best people for this job.
Eyewitness interviews are a vital component of a thorough accident investigation. It also requires the assistance of experts who can retrace what happened on the physical evidence gathered. This information is essential to finding a defendant accountable for the accident.
In addition, the attorney should seek out any details from the truck driver and the company that might be relevant to the case. This could include information on the safety policies of the trucking firm maintenance protocols, as well as training procedures. Also, the history of the truck driver is vital for any past incidents, reprimands, or alcohol/drug test results.
The data from the black box in the truck is another piece of evidence that should be collected. These devices, which are similar to those found in planes, can offer an abundance of information regarding the incident. The information you need should be requested whenever possible by your lawyer, as it may disappear in time because of the elements or passing traffic.
A lawyer should also collect medical records of the victims. These documents will prove that the injuries suffered during the crash have caused long-lasting and extensive damage. It is crucial to keep these documents along with any medical notes and treatment schedules.
Expert Witnesses
While most accidents involving trucks result in a settlement between the insurance company and the party who was injured Some do not, and must be tried in the court. Expert witnesses play an important role. They are experts with the training and knowledge to assess the evidence in your case and provide their opinion to jurors. They can explain complicated mechanics, medical concepts and economic concepts to jurors who have little or no knowledge of them.
Expert witnesses can be anything from a simple car mechanic to a metallurgist that can determine the failure of a part of the truck or a pathologist who will determine what caused the death. They could be required to investigate and testify about particular elements of the case, such as the force or crash or the speed of the vehicle or the reconstruction of the accident.
Medical experts are also required to verify the severity and extent of your injuries. This is an area which is often contested by the insurance company since they try to argue that you are exaggerating your injuries or that they were pre-existing and that the accident didn't cause any additional damage. In these instances your lawyer will bring an independent medical expert to counter the claims of the insurance company's doctor.
Additionally an expert witness could be essential when it comes to showing that the truck driver involved in the accident was negligent in any way. They can use their expertise to help the jury understand how the truck driver failed to do his or her job, what that failure caused, and the resulting financial repercussions of the negligence for you.
GPS Tracking
It is not uncommon that victims of accidents involving trucks suffer serious injuries. They deserve financial support to cover medical expenses and lost wages, as well as suffering and related costs. Manhattan truck accident lawyers from Cellino Law are prepared to find justice for their clients and fight for the compensation they are due.
https://vimeo.com/707141868 tracking is among the most effective technologies used in accident cases. These devices are a staple of the trucking industry and usually include a range of important information that could be used to determine liability. A Qualcomm system, for example can provide vital information including speed, braking engines performance and hours of service. This can be used in conjunction with other evidence, like eyewitness testimony to help reconstruct the scene of the crash.
Other important pieces of information from a truck accident investigation could be evidence from the telematics software used by the trucking company and dash cameras. Telematics refers to the data gathered by a vehicle's onboard computer that is utilized for coaching fleet drivers and for recording incidents. This data could include speed, harsh braking, and phone usage. This can be compared to the log books of the truck drivers to determine whether accurate data was recorded.
Another important piece of evidence is any fax messages that might have been sent regarding the trip prior to the accident. This could include information about the route and destination, any stops along the way, and even the details of any communications between the driver of the truck and the company. An experienced personal injury lawyer can use this to show that the truck driver was distracted, followed unsafe procedures, or taking unnecessary risks.
When a victim of a car accident can show that the trucking company, truck driver or other defendants failed in their duty of care and caused the collision and the victim should be held responsible for any injuries incurred due to. To prevail in a lawsuit, the plaintiff must show that the defendant acted in violation of the law or regulation and that the breach directly caused harm. It is easy to prove that a violation was negligent when it comes to traffic laws, however federal regulations require a much more complex analysis.
The process of negotiating a settlement
In many instances, a truck accident victim is able to settle their case without having to go to trial. The process of reaching settlement is to discuss the facts of your case with an insurance provider and determining the amount you are legally entitled to under state law. A lawyer who handles truck accidents can evaluate your injuries and document your losses as a result to determine the worth of your case. The attorney can then use the results from other similar lawsuits related to truck accidents as well as the verdicts of juries in similar situations to determine an appropriate settlement amount.
Your lawyer can also work directly with the insurance company in order to ensure that the settlement you get is adequate to cover the losses documented. This includes the amount you've paid because you were unable to work to get treatment for your injuries. Lawyers can assist you to with the documentation required for these losses, such as old pay receipts. If you're not able to return to the same sort of job because of your injuries, you may be entitled to compensation for the loss of future earning capacity as well.
Insurance companies typically begin the conversation with a low-ball offer. This is a typical tactic to test how desperate you are to negotiate a settlement and can affect the value of your case. A lawyer who is knowledgeable will avoid being slammed by remaining calm, and not giving in to pressure to accept an offer that is not satisfactory.
Once your lawyer has agreed to an acceptable settlement amount, they will send a written settlement demand to the responsible party that must be addressed within 30 days or your rights to take action against the responsible party in court will be revoked. In some instances a trucking company will refuse to negotiate and your lawyer will start a lawsuit against the negligent party.
It is impossible to give a general estimate for the amount a settlement for a truck accident is worth as each case has unique factors such as the extent of your injuries and the amount of time you'll miss from work to receive medical treatment. However, it isn't unusual for settlements in truck accidents to be in the millions.