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 and their employer, as in addition to a company which manufactured defective equipment or an individual contractor who loaded cargo incorrectly.
Many trucks are equipped with event data recorders (also called black boxes) that can assist investigators in determining what caused a crash happened. Professional personal injury attorneys be able to connect the information with log books.
Investigation of the Scene
In the event of a car crash the first thing you need to do is collect evidence. Truck accidents are different. There are more factors to take into consideration. Trucks are frequently carrying dangerous goods, and even a minor accident could result in fatal or serious injuries.
Due to this, the investigation process is more complicated than a typical car accident. It is also longer and requires the assistance of experts in different areas. A lawyer with experience can help you locate the right experts to perform this task.
Eyewitness interviews are a vital component of a thorough accident investigation. Experts are also needed to reconstruct the crash by analyzing the physical evidence. This information is vital in finding a defendant accountable for the incident.
Additionally, the attorney must request any information from the trucking driver and company that may be relevant to the case. This could include information about the trucking company’s safety policies, maintenance protocols, and training procedures. The history of the driver is also crucial. This includes any prior incidents, reprimands or drug/alcohol test results.
The data from the black box of the truck is another piece of evidence that should be gathered. These devices, which are similar to those found in planes, can offer a lot of information about the accident. Your lawyer should get this information as soon as possible, as it could disappear over time because of the elements or traffic.
A lawyer should also collect medical records of the victims. These records will aid in proving that the injuries suffered in the crash have caused significant and long-lasting damage. It is crucial to keep these documents, together with any notes from a doctor and treatment schedules.
Expert Witnesses
Although the majority of accidents involving trucks result in an agreement between the insurance company and the victim but some do not and must be heard in court. Expert witnesses play a key role. They are professionals who have the experience, knowledge and expertise to analyze the facts in your case and then provide their opinion to the jury. They can explain complicated medical concepts, mechanical theories, and economic concepts to jurors with little or no knowledge of them.
The type of expert witness required they could be as basic as a car mechanic who can determine why your vehicle was damaged during the crash and metallurgists who perform a failure analysis on the specific part of your truck, or pathologists who can determine the cause of death. They may be required to investigate and testify about specific elements of your case, such as the force of the collision and the velocity of the vehicle, or the accident reconstruction.
Another crucial area where expert witnesses are called in is for medical experts to confirm the severity of your injuries. Insurance companies will often contest this area, claiming that you exaggerate the severity of your injuries or that these were pre-existing conditions and that the incident didn't cause any further harm. In https://vimeo.com/707166323 will call in an independent medical expert to contest the insurance company's doctor's testimony.
A witness who is an expert in the field can be extremely helpful in proving a truck driver was negligent. Expert witnesses will utilize their knowledge to help the jury understand how the truck driver did not perform his or her job, the consequences this failure has caused, and the resulting financial consequences of that negligence for you.
GPS Tracking
When truck accidents occur, it is not uncommon for victims to suffer serious injuries. They should be compensated for medical bills, lost wages and suffering as well as other costs. Manhattan truck accident lawyers from Cellino Law are prepared to seek justice for their clients and fight for the compensation they deserved.
One of the most efficient pieces of technology in any accident scenario is GPS tracking. These devices are utilized by the trucking industry and typically contain a wide array of data that help determine the liability of the driver. A Qualcomm system provide, for instance, important information, such as speed, braking performance engine performance, service hours. This can be combined with other evidence, such as eyewitness testimony to reconstruct the scene of the crash.
Other important pieces of information in a car accident investigation could be evidence from the trucking company's telematics system and dash cams. Telematics is the process of collecting information gathered by a vehicle's onboard computer. The data can be used to instruct fleet drivers and record incidents. This information can include speed, harsh braking, and phone usage. This can be compared with the log books of truck drivers to see if accurate records were recorded.
A fax report of any communication concerning the trip before the accident is also important. This could include information about the route and destination, any stops during the journey, and even the record of any communication between the driver of the truck and the company. A skilled personal injury lawyer can use this to show that the truck driver was distracted, ignoring safety procedures, or taking unnecessary risks.
If a victim of a truck accident can show that the trucking company, truck driver, or any other defendants failed in their duty of care and caused the collision they must be held accountable for any injuries sustained as a result. To win a case, the plaintiff must show that the defendant violated an act or regulation and that the violation directly caused harm. It is much easier to prove that a violation was negligent when it comes to traffic laws, but federal regulations require a much more intricate analysis.
Negotiating a Settlement
In many instances the truck accident victim can settle their claim without having to go to trial. The process of reaching a settlement involves discussing the details of your situation with an insurance company including the amount you are entitled to under state law. An experienced truck accident attorney can assess your injuries and document the losses you have suffered in the crash to determine how your case is worth. The attorney will use the results of other similar cases involving truck accidents and how juries have rewarded victims in comparable situations to determine the amount of a fair settlement.
Your lawyer may also work with the insurance company to make sure that the settlement you receive covers your documented damages. This will include any money you've lost due to missing work to receive treatment for your injuries. The lawyer can assist you submit documentation for these losses, which could include former pay receipts. If your injuries hinder you from returning to the same job, you may also be eligible for compensation.
Insurance companies often begin the conversation with an offer that is low. This is a standard tactic to determine how desperate are to settle and can impact the value of your case. A knowledgeable attorney can avoid being mistreated by remaining neutral and refusing to give in to pressure to accept an inadequate settlement.
After your lawyer has agreed to an amount that is fair, they will send the person at fault an official demand for settlement. The party must respond within 30 days, or else you lose your right to pursue them in court. In some cases, a trucking company will not negotiate and your lawyer will file a lawsuit against the negligent party.
It is impossible to provide a general figure for the amount a truck accident settlement is worth, as each case is unique such as the degree of your injuries, as well as the amount of time you'll be absent from work due to medical treatments. Truck accident settlements can reach millions of dollars.