Truck accident litigation involves a wide range of potential defendants. They could include the truck driver and their employer and a manufacturer that made defective equipment or a company that loaded cargo improperly.
Many trucks are equipped with event data recorders (also called black boxes) which can aid investigators in determining what caused an accident occurred. Personal injury attorneys with experience will be able to verify the data in log books.
Investigation of the Scene
In the event of a car crash the first thing you need to do is collect evidence. truck accident lawyers accidents are different. There are more factors to consider. Trucks are often carrying dangerous goods and even a minor accident can result in fatal or serious injuries.
The process of investigation is more complex than the typical car accident. It is also more time consuming and requires the help of experts in different areas. Fortunately, a qualified lawyer can connect you with the most qualified people to do this job.
Interviewing eyewitnesses is an essential part of a thorough truck accident investigation. It also requires the help of experts who are able to reconstruct what happened on the evidence that is collected. This information is crucial in making a defendant accountable for the incident.
A lawyer should also inquire with the trucking firm and the driver for any information that could be relevant to the case. This could include information about the trucking company's safety policies training protocols, procedures for training, and maintenance protocols. Also, the history of the driver of the truck is important for any past incidents, reprimands, or alcohol/drug test results.
Another evidence source to collect is the data from the black box in the truck. These devices are similar to ones found on airplanes and can provide a wealth of information on how the accident happened. Your attorney must ask for this information as fast as possible, as it could disappear over time due to weather conditions or passing traffic.
A lawyer should also collect medical records of the victims. These records will prove that the injuries sustained in the crash have caused significant and long-lasting damage. It is essential to keep these documents, along with any doctor's notes or treatment schedules that are readily available.
Expert Witnesses
While the majority of truck accidents end up in an agreement between the insurance company and the party who was injured, some do not and must be heard in court. Expert witnesses play a vital role. They are professionals who have the knowledge, training and experience to assess the facts in your case and then present their findings to the jury. They can explain complex medical, physical, mechanical, and economic concepts that most jurors are not aware of or have no knowledge of.
Expert witnesses can range from a simple car mechanic to a metallurgist who will examine the failure of a truck accident claim (Click In this article)'s component or a pathologist who can determine the cause of death. They might be required to examine and testify to particular aspects of your case, like the force of the collision, the vehicle velocity, or the reconstruction of the accident.
Another important area where experts are consulted is for medical experts to verify the severity of your injuries. This is an area that can be heavily contested by the insurance company, as they may try to claim that you are exaggerating your injuries or that they were pre-existing and that the accident did not cause any further damage. In these cases your lawyer may bring in an independent expert to refute the claims of the insurance's doctor.
A witness who is an expert in the field can be beneficial in proving that the truck driver was negligent. They will use their knowledge to help the jury understand the truck driver's failure perform their duties and the financial repercussions of that failure, and how that failure affected you.
GPS Tracking
It is not uncommon for victims of accidents involving trucks suffer serious injuries. They are entitled to financial aid to cover medical expenses as well as lost wages, suffering and related expenses. Manhattan truck accident compensation accident lawyers from Cellino Law are prepared to find justice for their clients and fight for the compensation they deserve.
GPS tracking is among the most useful technologies in cases of accident. These devices are employed by the trucking industry, and typically contain a wide array of data that help determine the liability. A Qualcomm system, for example provides important information about speed brake, engine performance and service hours. This information can be combined with other evidence, like eyewitness testimonies, to reconstruct the scene of the crash.
Dash cams as well as telematics records could also prove useful during a truck collision. Telematics is the collection of information gathered by an automobile's onboard computer, which is used to coach fleet drivers and also to record incidents. This data could include speed, harsh braking, and phone usage. This information can be compared with the truck driver's log books to see whether accurate records were maintained.
A fax record of any communications regarding the trip before the accident is also crucial. This can include the route, destination, any stops made during the trip along with any messages sent between the trucker and the company. A seasoned personal injury lawyer can use this to prove that the truck accident compensation driver was distracted, ignoring safety procedures, or taking unnecessary risks.
If a person injured in a collision with a truck can prove that the trucking company, driver or any other defendants failed to fulfill their duty of care and triggered the collision then they must be accountable for any injuries suffered due to the collision. To win a case, the plaintiff must show that the defendant violated a statute or regulation and this breach directly caused harm. It is much easier to show that a violation of traffic laws was negligent however Federal regulations require a more intricate analysis.
The process of negotiating a settlement
In many cases the truck accident victim can settle their claim without having to go to trial. 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. An experienced lawyer for truck accidents can assess your injuries and record the losses you have suffered as a result of the crash to determine how the value of your case is. The lawyer can then utilize the results from other similar lawsuits involving truck accidents and the way juries awarded victims in similar circumstances to determine an acceptable settlement amount.
Your lawyer can also work directly with the insurance company to ensure that the settlement you receive is sufficient to cover the damages you have that are documented. This includes the amount you've paid because of your inability to work to seek treatment for your injuries. Lawyers can assist you with submitting documentation to prove the losses you suffered, including old pay stubs. If you're unable to return to the same type of job due to the injuries you sustained, you could be entitled to compensation for the loss of earning potential in the future as well.
Insurance companies often begin the conversation by offering an offer of low value. This technique is used to gauge how eager you are to settle your case. This could have a negative effect on the value of your claim. A seasoned attorney can prevent being snubbed by a judge by remaining unflinching and never yielding to pressure to accept a low settlement.
Once your lawyer has negotiated an acceptable settlement amount, they will send a written settlement demand to the at-fault party that must be addressed within 30 days or your right to take action against the responsible party in court will be revoked. In certain cases the trucking company may refuse to negotiate, and your lawyer will file a lawsuit against the negligent party.
It is impossible to provide an estimate of the value of a settlement because each case is different. For instance, truck accident claim the severity of the injuries and the length of time you'll be away from work for medical treatment are some of the factors that can vary. However, it is not uncommon for truck accident settlements to reach millions of dollars.
