Truck Accident Litigation
There are many potential defendants in truck accident litigation. They could include the truck driver and their employer as well as a producer that made defective equipment or a contractor that loaded cargo improperly.
Many trucks contain event data recorders, also known as black boxes, which can help investigators determine how an accident occurred. An experienced personal injury lawyer will know how to link the data with log books.
Investigation of the Scene
In the event of a car crash the first thing you need to do is collect physical evidence. Truck accidents are not the same. There are many other factors to be considered. For example, trucks are often transporting dangerous goods, and even a relatively minor crash can result in fatal or serious injuries.
Because of this, the investigation process is more complex than the typical car accident. It is also longer and requires the assistance of experts from various areas. Luckily, a reputable lawyer can connect you with the best people to do this job.
The process of interviewing eyewitnesses is a vital part of a thorough truck accident investigation. It also requires the help of experts who are able to reconstruct how the accident happened based on the physical evidence gathered. This information is crucial in the case of a defendant being held accountable for the accident.
Additionally, an attorney should request any details from the truck driver and the company that might be relevant to the case. This could include information on the safety policies of the trucking company as well as training procedures and maintenance procedures. The past history of the driver is crucial. This includes any prior incidents, reprimands and drug/alcohol test results.
Another thing to look for is the information from the black box of the truck. buffalo truck accident lawyer , which are like those used in planes, could provide many details about the incident. Attorneys should seek this information as quickly as possible, as it could disappear over time due to the elements or passing traffic.
A lawyer should also collect medical records of the victims. These documents will prove that the injuries sustained in the crash caused long-lasting and significant damage. It is vital to keep these documents, together with any doctor's notes and treatment schedules.
Expert Witnesses
While the majority of accidents involving trucks result in a settlement between the insurance company and the party who was injured however, some don't and need to be tried in court. Expert witnesses play a key role. They are professionals with the training, knowledge, and expertise to evaluate information in your case and present their views to the jury. They can explain complicated mechanical, physical, medical and economic concepts that a majority of jurors have little or no knowledge of.
Expert witnesses could range from a straightforward car mechanic to a metallurgist that can analyze the failure of a truck part or a pathologist that can determine the cause of death. They may be required to investigate and testify about particular elements of your case, for instance the force of the collision, the vehicle velocity, or the accident reconstruction.
Medical experts are also called upon to assess the severity and extent of your injuries. This is a subject that can be heavily contested by the insurance company, as they attempt to claim that you're exaggerating your injuries or that they were pre-existing injuries and that the accident didn't cause any additional damage. In these cases the lawyer will call an independent medical expert to counter the doctor's testimony for insurance companies.
In the end, an expert witness can be crucial to finding out that the trucker at fault in the accident was negligent in some way. Expert witnesses will utilize their knowledge to help the jury comprehend the reasons why the truck driver failed to do his or her job, what this negligence caused, and the resulting financial consequences of that inattention for you.
GPS Tracking
When truck accidents occur, it is not uncommon for their victims to sustain serious injuries. They are entitled to financial aid to cover medical expenses as well as lost wages, suffering and related costs. Manhattan truck accident lawyers from Cellino Law are prepared to fight for justice on behalf of their clients and fight for the compensation they deserve.
GPS tracking is among the most effective methods used for accident cases. These devices are used by the trucking industry, and typically contain a range of important information that can help determine the liability of the driver. A Qualcomm system, for instance provides important information about speed as well as braking performance engine performance, and hours of service. This information can be used in conjunction with other evidence, such as eyewitness testimony to help reconstruct the scene of the crash.
Other valuable pieces of information in a truck accident investigation could be evidence from the trucking company's telematics program and dash cameras. Telematics is the gathering of data collected by a vehicle’s onboard computer. This information is used to instruct fleet drivers and record incidents. This may include crucial information like speed, harsh brakes, usage of phones and more. It can be compared to the log books of the truck drivers to determine whether accurate records were maintained.
A fax report of any communication concerning the trip before the accident is also vital. This can include information about the travel route and its destination, any stops during the journey, and even the record of any communication between the truck driver and the company. This information can be used by an experienced personal injury lawyer to prove that the trucker was distracted or ignoring safety procedures.
If a victim of a truck crash can prove that the trucking company or driver or any other defendants, failed fulfill their duty of care, and caused the collision and caused the accident, they should be accountable for any injuries suffered due to the collision. Plaintiffs must prove that defendants violated a law or regulation, and that this violation caused harm. It is much easier to prove that a violation was not negligent in the context of traffic laws, but federal regulations require a much more intricate analysis.
Negotiating a Settlement
In many instances truck accident victims can settle their case without going to trial. The process of reaching an agreement 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 evaluate your injuries, and document the damages you suffered as a result to determine the worth of your case. The lawyer can then utilize the results from other similar lawsuits related to truck accidents as well as the amount of compensation juries awarded victims in similar circumstances to determine an acceptable settlement amount.
Your lawyer can also negotiate with the insurance company to ensure that the settlement you receive adequately will cover your documented losses. This will include the amount you've paid because you were unable to work to get treatment for your injuries. The lawyer can assist with submitting documentation to prove these losses, such as old pay receipts. If your injuries stop you from returning to your previous job, you could be eligible for compensation.
Insurance companies typically begin the discussion by making an offer of low value. This technique is used to gauge the level of urgency you have to settle your case. This could have a negative effect on the value of your claim. A lawyer with experience can avoid being deceived by remaining calm and never succumbing to pressure to accept a settlement that is inadequate.
Once your lawyer has agreed to a reasonable settlement amount, they will send a written demand for settlement to the at-fault party and they must respond within 30 days, or your right to pursue the responsible party in court will be forfeited. In some cases trucking companies will refuse to negotiate, and your lawyer will bring a lawsuit against the negligent party.
It isn't possible for us to provide a general figure for how much an accident settlement for a truck is worth as each case is unique like the severity of your injuries as well as the amount of time that you'll be away working to undergo medical treatments. Settlements from truck accidents can amount to millions of dollars.