There are a myriad of potential defendants in truck accident litigation. They could include the truck driver and their employer and a manufacturer who produced defective equipment, or a company that loaded cargo in a way that was not properly.
Many trucks are equipped with event data recorders, also referred to as black boxes. They will help investigators determine the reason a crash occurred. Personal injury lawyers with experience can match the data in log books.
Investigation of the Scene
In the event of a car crash the first step of an investigation is to collect evidence from the scene and then take photographs. Truck accidents are different. There are many other factors to take into consideration. For example trucks often transport dangerous goods, and even a relatively minor crash can cause serious or fatal injuries.
This is why the investigation process is more complex than that of a normal car accident. It is also longer and requires the assistance of experts in different areas. Fortunately, a qualified lawyer can connect you to the best people for this job.
The process of interviewing eyewitnesses is a vital component of a thorough accident investigation. It also requires the assistance of experts who can retrace how the accident happened based on the evidence that is collected. This information is crucial to finding a defendant accountable for the accident.
Furthermore, an attorney should seek out any information from the truck driver and the company that could be relevant to the case. This could include information on the safety guidelines of the trucking company maintenance procedures, safety policies, and training procedures. Additionally, the past of the driver of the truck accident compensation is important including any previous incidents, reprimands or Truck accident litigation alcohol/drug test results.
The information from the black box in the truck is another piece of evidence that should be collected. These devices, similar to those installed in planes, can provide many details about the incident. The information you need should be requested as soon as you can by your attorney, since it could disappear over time because of the elements or the speed of traffic.
A lawyer should also gather medical records of the victims. These records will show that the injuries sustained in the accident have triggered long-lasting and substantial damage. It is crucial to save these documents, Truck Accident Litigation along with any doctor's notes or treatment plans that are available.
Expert Witnesses
Most truck accidents are settled between the insurance company, the injured party and the trucking company. However, some don't and have to be taken to court. Expert witnesses are essential in these cases. They are professionals with the training and knowledge to analyze the facts in your case, and then offer their opinion to jurors. They can explain complicated mechanical, physical, medical, and economic concepts that the majority of jurors have little or no understanding of.
Expert witnesses could range from a straightforward car mechanic to a metallurgist able to determine the failure of a truck part or a pathologist who will determine what caused the death. They could be required to investigate and testify about specific elements of your case, like the force or the crash or the speed of the vehicle or the accident reconstruction.
Medical experts are also called upon to verify the extent and severity of your injuries. Insurance companies typically contest this claim, claiming that you exaggerate your injuries or the fact that these were pre-existing injuries and that the accident didn't cause any additional harm. In these instances, your attorney may call an independent expert who will challenge the testimony of the insurance doctor.
A witness who is an expert in the field can be very useful in proving that a truck driver was negligent. They can use their expertise to help the jury comprehend the reasons why the truck driver was not doing his or her job, the consequences this negligence caused, and the resulting financial consequences of that inattention for you.
GPS Tracking
It is not unusual for victims of accidents involving trucks suffer serious injuries. They deserve financial assistance for medical expenses, lost wages, suffering and related expenses. Manhattan truck accident lawyers from Cellino Law are prepared to find justice for their clients and fight for the compensation they are due.
One of the most effective tools in any accident case is GPS tracking. These devices are utilized by the trucking industry, and often contain a variety important data that help determine the the liability of the driver. A Qualcomm system, for example can provide crucial information about speed brake engines performance and hours of service. This information can be paired with other evidence, for instance eyewitness testimonies, to reconstruct the scene of an accident.
Dash cams and telematics reports may also be valuable in a truck accident lawyer accident. Telematics is a set of information gathered by a vehicle's onboard computer. It is utilized for coaching fleet drivers as well as to record incidents. This can include important information like speed, harsh brakes, usage of phones and more. It can be compared with the truck driver's log books to determine if accurate records were maintained.
Another crucial piece of information is any fax communication records that may have been transmitted regarding the trip prior the accident. This can include information about 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 information can be used by a seasoned personal injury lawyer to show that the trucker was distracted or did not follow safe procedures.
When a truck accident victim is able to demonstrate that the trucking company, truck driver or any other defendants did not uphold their duty of care and caused the collision, they should be held responsible for any injuries incurred as a result. To win a case, the plaintiff must prove that the defendant acted in violation of an act or regulation and this breach directly caused harm. It is simpler to prove that a violation was not negligent when it comes to traffic laws, however federal regulations require a much more complex analysis.
Negotiating a Settlement
In many instances, truck accident victims are able to settle their claims without having to go to court. The process of negotiating a settlement involves discussing the facts of your case with an insurance company which includes the amount you are entitled to under state law. A lawyer for truck accidents can assess your injuries and document the damages you suffered due to them, in order to determine the value of your case. The attorney can then use the results of similar lawsuits related to truck accidents as well as the way juries awarded victims in similar situations to establish an appropriate settlement amount.
Your lawyer may also work with the insurance company to make sure that the settlement you receive covers your documented damages. This includes the money you've lost due to your inability to work to seek treatment for your injury. Lawyers can assist you to provide evidence of these losses, such as old pay stubs. If you're not able to return to the same kind of job because of the injuries you sustained, you could be entitled to compensation for loss of earning potential in the future as well.
Insurance companies often begin the conversation by making an offer that is not as high. This strategy is used to determine how eager you are to settle your case. It could have a negative impact on the value of your claim. A lawyer who is knowledgeable will avoid being slammed by remaining calm and not giving in to pressure to accept a settlement that is inadequate.
After your lawyer has agreed to an amount that is fair, they will send the person responsible for the fault an email request for a settlement. The person who is responsible must respond within 30 days or else you lose your right to take them to court. In some cases, the trucking company may refuse to negotiate. Your attorney will initiate an action on behalf of the party who was negligent.
It is difficult to give an estimate of the value of a truck accident settlement because each situation is unique. For example the severity of the injuries and the length of time you'll miss work to receive medical treatment are two factors that differ. Settlements for truck accidents can be millions of dollars.
