Truck accident litigation involves numerous possible defendants. The defendants could include the driver of the truck as well as their employer, as in addition to a company which produced defective equipment or an individual contractor who improperly loaded cargo.
Many trucks are equipped with event data recorders (also known as black boxes) which can aid investigators in determining why an accident occurred. Personal injury lawyers who have experience will be able to match the data in log books.
Investigation of the Scene
In the event of a car crash the first step in an investigation is usually to collect evidence physically and take pictures. Accidents involving trucks are distinct. There are many other factors to take into consideration. Trucks are frequently carrying dangerous products and even a minor accident can cause serious or fatal injuries.
The investigation process is more complex than the typical car accident. It is also more time consuming, and it requires the help of experts from various areas. A lawyer with experience can help you find the right experts to perform this work.
Interviewing eyewitnesses is a crucial part of a thorough truck accident investigation. It also requires the assistance of experts who are able to reconstruct the circumstances of the crash based on the physical evidence gathered. This information is essential to holding a defendant liable for the accident.
In addition, the attorney should seek any details from the truck driver and the company that could be relevant to the case. This could include information about the trucking company's safety policies or training procedures, as well as maintenance procedures. The past history of the driver is important. This includes any past incidents, reprimands or drug/alcohol tests results.
The data from the black box of the truck is a different piece of evidence that needs to be gathered. These devices, which are similar to those found in planes, may provide many details about the accident. This information should be requested immediately by your attorney, as it may disappear in time due to the elements or traffic.
A lawyer should also gather 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 essential to keep these documents, along with any medical notes or treatment schedules that are readily available.
Expert Witnesses
While most truck accident claim accidents result in a settlement between the insurance company and the victim but some do not and have to be tried in the court. Expert witnesses are vital in these cases. They are professionals who have the training and knowledge to analyze the facts in your case, and provide their opinion to jurors. They can explain complex medical concepts, mechanical theories and economic concepts to jurors with little or no knowledge of them.
Expert witnesses could range from a straightforward car mechanic to a metallurgist who can analyze the failure of a truck accident legal's component or a pathologist that can determine the cause of death. They may also be required to examine and testify about particular aspects of your case such as the force of the crash as well as the velocity of the vehicle or even the reconstruction of the accident.
Medical experts are also called upon to evaluate the severity and extent of your injuries. This is an area that is frequently contested by the insurance company, as they may try to claim that you have exaggerated your injuries or that they were pre-existing and that the accident didn't cause any additional harm. In these instances your lawyer will bring in an independent medical expert to contest the insurance company's doctor's testimony.
Lastly an expert witness could be essential when it comes to proving that the trucker involved in the accident was negligent in a certain way. They will use their knowledge to help the jury comprehend the truck driver's inability to complete his or her job, the financial consequences of that failure and Truck Accident Settlement how that failure affected you.
GPS Tracking
When accidents with trucks occur, it is not unusual for victims to sustain serious injuries. They need financial assistance to pay medical bills, lost wages, pain and suffering and other related costs. Cellino Law, a Manhattan truck accident lawyer firm, is prepared to fight for justice and compensation for their clients.
GPS tracking is one of the most efficient technologies for accident cases. These devices are a standard of the trucking industry and usually contain a range of crucial information that can be used to determine the liability. A Qualcomm system can, for instance, provide important information, such as speed of braking as well as engine performance and service hours. This can be used in conjunction with other evidence such as eyewitness testimony to help reconstruct the scene of the crash.
Other important pieces of information in a truck accident case could be records from the trucking company's telematics program and dash cameras. Telematics is the gathering of data gathered by the vehicle's onboard computer. This information is used to train fleet drivers and to record incidents. This information can include speed, harsh braking, and phone usage. This can be compared against the truck driver's log books to determine whether accurate records were recorded.
A fax record of any communications regarding the trip before the accident is equally important. This could include information about the route, destination, and any stops made during the journey and any messages exchanged between the trucker and the company. An experienced personal injury lawyer can use this to show that the trucker was distracted, not following safe procedures, or taking unnecessary risks.
When a truck accident victim is able to demonstrate that the trucking company, driver, or any other defendants did not uphold their duty of care and caused the accident and the victim should be held responsible for any injuries sustained as a result. To prevail, the plaintiff must show that the defendant violated any law or regulation, and this breach directly caused harm. It is easier to prove that a violation was not negligent in the context of traffic laws, however federal regulations require a much more complex analysis.
Negotiating a Settlement
In many instances, a truck accident victim can settle their case without having to go to trial. To negotiate an agreement, you'll need to discuss the specifics of your accident with the insurance company. This includes the amount to which you are entitled to under the law of the state. A lawyer who handles truck accidents can evaluate your injuries and document the damages you suffered due to them, in order to determine the value of your case. The attorney will use the results of other similar truck accident law accident cases and the amount of compensation that juries have awarded victims in similar circumstances to determine the amount of a fair settlement.
Your lawyer can also negotiate with the insurance company to make sure that the settlement you receive covers the documented damages. This will include any amount you've lost as a result of missing work to seek treatment for your injuries. The lawyer can assist you submit documentation for these losses, including former pay receipts. If you're unable to return to the same sort of job due to 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 offering a low offer. This technique is used to gauge the level of urgency you have to settle your claim and could have a negative impact on the value of your claim. An experienced attorney can avoid being snubbed by a judge by remaining unflinching and never yielding to pressure to accept a poor settlement.
After your lawyer has negotiated an amount that is reasonable then they will mail the person responsible for the fault a written demand for settlement. The other party must respond within 30 days or you'll lose the right to sue them in court. In certain cases, the trucking company may refuse to negotiate. Your lawyer will initiate a lawsuit on behalf of the party who was negligent.
It isn't possible to give a general estimate of how much a truck accident settlement is worth, as each case has unique factors like the extent of your injuries and the amount of time you will miss from work due to medical treatments. Settlements for truck accident compensation accidents can range from millions of dollars.
