Truck Accident Litigation
The litigation involving truck accidents involves numerous possible defendants. It could include the truck driver and their employer, as well as a company that produced defective equipment or a contractor that loaded cargo improperly.
Many trucks have event data recorders, often referred to as black boxes. These will help investigators determine the reason an accident occurred. An experienced personal injury lawyer will know how to match this information with log books.
Investigation of the Scene
In the case of a car accident, the first thing to do is collect physical evidence. Accidents involving trucks are distinct. There are a variety of factors to consider. Trucks are typically carrying dangerous goods, and even a minor collision can cause serious or fatal injuries.
Due to this, the investigation process is more complex than a typical car accident. It is also longer, and it requires the help of experts in a variety of areas. A qualified lawyer can help you locate the right professionals to handle this task.
A thorough truck accident investigation includes interviewing eyewitnesses, as well as going to the site of the crash. It also requires the assistance of experts who can retrace the events that led to the accident based on the physical evidence that is collected. This information is vital in finding a defendant accountable for the incident.
Additionally, the attorney should seek out any information from the truck driver and the company that might be relevant to the case. This could include information regarding the safety guidelines of the trucking company maintenance protocols, policies for maintenance, and training procedures. The past of the driver is also crucial. This includes any past incidents, reprimands and drug/alcohol tests results.
Another piece of evidence to be gathered is the data from the truck's black box. These devices, similar to those found in planes, could provide a lot of information about the incident. Attorneys must get this information as soon as possible, as it may disappear over time because of the elements or traffic.
A lawyer should also collect medical records of the victims. These records will show that the injuries sustained in the crash caused long-lasting and extensive damage. It is important to keep these documents, together with any doctor's notes and treatment schedules.
Expert Witnesses
The majority of truck accidents are settled between the insurance company, the person who was injured and the trucking company. However, there are some that do NOT and must be taken to court. Expert witnesses are essential in these cases. They are professionals with the experience, knowledge, and expertise to evaluate the evidence in your case and then provide their opinion to the jury. They can explain complicated medical concepts, mechanical theories and economic concepts to jurors with only a basic understanding of them.
Depending on the kind of expert witness required they can be as simple as a mechanic who can determine why your vehicle was damaged in the accident or metallurgists who do a failure analysis on an individual truck component or pathologists who determine the cause of death. They might be required to examine and testify on particular aspects of your case, such as the force of the crash or the speed of the vehicle or the reconstruction of the accident.
Medical experts are also called upon to assess the severity and extent of your injuries. Insurance companies typically contest this area, claiming that you exaggerate your injuries or that they were pre-existing issues and that the incident didn't cause any further harm. In these cases, your attorney will call an independent medical expert who will challenge the insurance company's doctor's testimony.
A witness who is an expert in the field can be extremely helpful in proving that a truck driver was negligent. They will make use of their expertise to help the jury comprehend the truck driver's failure perform their duties, the financial consequences of that failure and how that failure affected the person who was affected.
GPS Tracking
When accidents with trucks occur, it is not uncommon for victims to suffer serious injuries. They must be compensated for medical expenses, lost wages, suffering, as well as other costs. Cellino Law, a Manhattan truck accident lawyer firm, is ready to fight for justice and compensation for their clients.
One of the most effective tools in any case of accident is GPS tracking. These devices are a common feature of the trucking industry and usually include a range of crucial information that can be used to determine liability. A Qualcomm system can provide important information such as speed as well as braking performance, engine performance, and service hours. This information can be used in conjunction with other evidence like eyewitness testimony to reconstruct the scene of the crash.
Other crucial pieces of information in a car accident incident could include the records of the trucking company's telematics software and dash cams. Telematics is the collection of information gathered by a vehicle's onboard computer that is used to coach fleet drivers and also to record incidents. This information can 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 log of any communication concerning the trip before the accident is also important. This could include information about the route and destination, as well as any stops along the way, or even a record of any messages between the driver of the truck and the company. roseville truck accident attorney can be used by a skilled 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, driver, or any other defendants, did not perform their duty of care and caused the accident, then they should be held accountable for any injuries sustained as a result. Plaintiffs must prove that defendants violated a law or regulation, and that the violation caused harm. It is much simpler to prove that a violation of the traffic law was wrongful, but Federal regulations require a more thorough analysis.
Negotiating a Settlement
In many cases the truck accident victim may settle their claim without going to trial. In order to reach a settlement, you will need to discuss the specifics of your crash with the insurance company. This includes the amount to which you are entitled under the law of the state. An experienced lawyer for truck accidents will evaluate your injuries and document the damage you've suffered in the accident to determine your case is worth. The attorney can use the results of other similar cases involving similar truck accidents as well as how juries have awarded victims in similar circumstances to decide on a fair settlement amount.
Your lawyer may also be able to negotiate directly with the insurance company to ensure that the settlement you receive is adequate to cover the losses which are documented. This includes the money you've lost because you didn't work to seek treatment for your injury. The lawyer can help you submit documentation for these losses, which could include former pay receipts. If you're not able 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 an offer that is not as high. This method is used to determine how desperate you are to settle your case. It can have a negative impact on the value of your claim. A lawyer who is well-informed can avoid being deceived by staying calm and not allowing pressure to accept any settlement that isn't adequate.
After your lawyer has reached an amount that is reasonable and fair, they'll send the person who is at fault an official demand for settlement. The other party must respond within 30 days, or else you lose the right to sue them in court. In some cases, a trucking company will refuse to negotiate, and your attorney will start a lawsuit against the negligent party.
It is impossible to give an estimate of the value of a truck accident settlement because each case is unique. For example, the severity of the injuries and the length of time you'll be away from work for medical treatment are two factors which can be different. But, it's not unusual for settlements from truck accidents to be worth millions of dollars.