Truck accident litigation can involve numerous possible defendants. The defendants could include the driver of the Louisiana truck accident attorney and their employer as in addition to a company which manufactured defective equipment or a contractor who loaded cargo incorrectly.
Many trucks have event data recorders (also known as black boxes) which can aid investigators in determining why the crash took place. Personal injury lawyers with experience can match the data contained in log books.
Investigation of the Scene
In the case of a car accident the first thing you need to do is gather evidence. However, in the case of truck accidents there are numerous other things to think about. Trucks are frequently carrying dangerous goods and even a minor collision can result in fatal or serious injuries.
The process of investigation is more complex than the typical car accident. It takes more time and requires the help of experts from a variety of fields. Luckily, a lawyer with experience will connect you with the most qualified people for this job.
Interviewing eyewitnesses is a crucial part of a thorough truck accident investigation. Experts are also needed to reconstruct the accident using the physical evidence. This information is crucial in the case of a defendant being held accountable for the incident.
A lawyer should also contact the trucking company and driver for any information that may be relevant to a particular case. This could include information regarding the trucking company’s safety policies, maintenance protocols, and training procedures. Also, the background of the truck driver is vital, such as any past incidents, reprimands or drug/alcohol test results.
Another piece of evidence to collect is the data from the truck's black-box. These devices are similar to the ones found on airplanes and can provide a great deal of details about how the accident occurred. Your attorney must get this information as soon as you can, since it may disappear over time due to weather or the passing traffic.
A lawyer should also gather medical records of the victims. These records will show that the injuries sustained in the crash caused long-lasting and extensive damage. It is vital to keep these documents along with any doctor's notes and treatment schedules.
Expert Witnesses
Although the majority of truck accidents result in a settlement between the insurance company and the person who was injured but some do not and need to be tried in the court. Expert witnesses are vital in these cases. They are professionals with the experience, knowledge and experience to assess information in your case and provide their opinions to the jury. They can explain complicated medical, physical, mechanical and economic concepts that many jurors have no or little understanding of.
The type of expert witness you require, they can range from as simple as a car mechanic who can identify why your vehicle was damaged during the crash or metallurgists who do a failure analysis on an individual truck component or pathologists who determine the reason for death. They may also be needed to examine and testify about particular aspects of your case like the force of the crash or the vehicle's speed, or reconstruction of the accident.
Medical experts are also required to evaluate the extent and severity of your injuries. This is a subject which is often contested by the insurance company, as they try to argue that you have exaggerated your injuries or that they were pre-existing and that the accident did not cause any further damage. In these cases the attorney could call an independent expert who will challenge the claims of the insurance's doctor.
A witness who is an expert in the field can be beneficial in proving that the lebanon truck accident attorney driver was negligent. They will use their expertise to help the jury comprehend how the hamlet truck accident lawsuit driver was unable to perform his or her job, what the failure led to and the financial consequences of that negligence for you.
GPS Tracking
When accidents with trucks occur, it is not unusual for victims to sustain serious injuries. They are entitled to financial aid for medical bills, lost wages, pain and suffering and other associated costs. Cellino Law, a Manhattan truck accident lawyer firm, is ready to fight for justice and compensation for their clients.
One of the most beneficial pieces of technology in any case of accident is GPS tracking. These devices are employed by the trucking industry and usually contain a variety important data that help determine the the liability of the driver. A Qualcomm system, for instance, provide important information, such as speed of braking engines performance, speed, and service hours. This information can be combined with other evidence, such as eyewitness accounts, to reconstruct the scene of the crash.
Dash cams as well as telematics records can also be useful in a truck accident. Telematics is the gathering of information gathered by a vehicle's onboard computer. This data is used to train fleet drivers and record incidents. It can contain important details like speed, rough brakes, phone usage and more. This information can be compared with the log books of the lighthouse point truck accident drivers to see if accurate records were recorded.
Another important aspect is any fax communications records that might have been sent regarding the journey prior to the accident. It could contain information regarding the travel route and its destination, any stops along the way, and even the record of any communication between the truck driver and the company. This can be used by a seasoned personal injury lawyer to show that the trucker was distracted or ignoring safety procedures.
If a victim of a truck accident can prove that the trucking company, truck driver or other defendants failed in their duty of care and caused the collision they must be held accountable for any injuries that may have occurred as a result. To prevail, the plaintiff must prove that the defendant acted in violation of an act or regulation and that the breach directly caused harm. It is much easier to prove that a violation was negligent when it comes to traffic laws, however federal regulations require a much more complicated analysis.
The process of negotiating a settlement
In many cases, truck accident victims are able to settle their claims without having to go to court. The process of reaching an agreement involves discussing the facts of your situation with an insurance company, including the amount you are legally entitled to under state law. A lawyer who is involved in a truck accident can evaluate your injuries, and Louisiana Truck Accident Attorney document your losses in order to determine the worth of your case. The lawyer can then utilize the results of similar lawsuits related to truck accidents as well as the verdicts of juries in similar situations to calculate the amount of a fair settlement.
Your lawyer may also be able to negotiate directly with the insurance company to ensure that the settlement you get is adequate to cover the losses acknowledged. This includes money you have lost due to missing work to receive treatment for your injury. The lawyer can help provide evidence of these losses, including former pay statements. If your injuries prevent you from returning to your previous job, you could be eligible for compensation.
Insurance companies often begin the conversation with an offer that is low. This is a typical tactic to gauge how desperate you are to settle your case and could impact the value of your case. A lawyer who is well-informed is able to avoid being mistreated by remaining calm and not allowing pressure to accept a settlement that is inadequate.
Once your lawyer has reached a reasonable settlement amount, they will send a written settlement demand to the at-fault party and must be responded to within 30 days or your rights to pursue the responsible party in court will be forfeited. In some instances the trucking company may refuse to negotiate and your attorney will pursue a lawsuit against a negligent party.
It is impossible to provide an estimate of the value of a settlement because every case is unique. For instance the severity of the injuries and the length of time you will be away from work for medical treatment are some of the factors that vary. Truck accident settlements can reach millions of dollars.
