Truck Accident Litigation
Truck accident litigation involves a wide range of possible defendants. The defendants could include the driver of the truck as well as their employer as also a company that manufactured defective equipment or an individual contractor who improperly loaded cargo.
Many trucks are equipped with event data recorders (also called black boxes) that can assist investigators in determining the cause of an accident occurred. Personal injury lawyers who are experienced know how to link the information with log books.
Investigation of the Scene
In the case of a car accident the first thing to do is collect evidence. In truck accidents, however there are a variety of factors to take into consideration. Trucks are often carrying dangerous items and even a minor collision can result in fatal or serious injuries.
The investigation process is therefore more complicated than a typical car accident. It takes longer and requires the assistance of experts from different areas. Fortunately, a qualified lawyer can connect you to the best people for this task.
A thorough investigation into the cause of a truck crash includes interviewing eyewitnesses, as well as going to the scene of the crash. It also requires the assistance of experts who are able to reconstruct the circumstances of the crash based on the evidence gathered. This information is crucial in making a defendant accountable for the accident.
Additionally, an attorney should seek out any information from the truck driver and company that may be relevant to the case. This could include information regarding the safety policies of the trucking company maintenance procedures, safety policies, and training procedures. The history of the driver is important. This includes any prior incidents, reprimands or alcohol/drug tests results.
Another piece of evidence to look for is the information from the truck's black box. These devices are similar to ones that are installed on airplanes and can provide a wealth of information regarding what caused the accident. Your lawyer must ask for this information as fast as you can, since it could fade over time due to weather or passing traffic.
In addition, the attorney should also collect medical records from the victims of the crash. These records will prove that the injuries suffered during the crash caused significant and long-lasting damage. It is vital to preserve these documents, along with any doctor's notes or treatment schedules that are available.
Expert Witnesses
Most truck accidents are settled between insurance company, the person who was injured and the trucking company. However, some are not and must be brought to the court. Expert witnesses play a crucial role. They are professionals with the training and knowledge to analyze the facts in your case, and then provide their opinion to jurors. They can explain complex medical concepts, mechanical concepts and economic concepts to jurors who have little or no understanding of them.
Expert witnesses could range from a straightforward car mechanic to a metallurgist able to evaluate the failure of a truck's component or a pathologist to determine the cause of death. They could also be required to review and testify about specific aspects of your case such as the force of the crash and the speed of the vehicle, or even the reconstruction of the accident.
Medical experts are also required to assess the severity and extent of your injuries. Insurance companies will often contest this issue, claiming you exaggerate the severity of your injuries or that these were pre-existing conditions and that the incident didn't cause any additional damage. In these instances your lawyer may bring in an independent expert who will challenge the evidence of the doctor who is a part of the insurance.
In the end an expert witness could be crucial to proving that the trucker who was involved in the accident was negligent in a certain way. They will utilize their knowledge to help the jury understand the truck driver's failure to perform his or her duties and the financial consequences of that failure and how that lack of performance affected you.
GPS Tracking
It is not uncommon for victims of accidents involving trucks suffer serious injuries. They are entitled to compensation for medical expenses, lost wages, pain and suffering, in addition to other costs. Manhattan truck 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 utilized by the trucking industry, and usually contain a variety important data that help determine the responsibility. A Qualcomm system, for instance, provide important information such as speed, braking performance, engine performance, and service hours. This information can be combined with other evidence, for instance eyewitness testimony, to reconstruct the scene of a crash.
Dash cams and telematics records could be helpful during a truck collision. Telematics refers to the information gathered by an automobile's onboard computer, which is used to coach fleet drivers and for recording incidents. This data could include speed, harsh braking and phone usage. It can be compared with the log books of the truck driver to determine if accurate records were kept.
A fax record of any communication concerning the trip prior to the accident is also crucial. This information can include the route, destination, and any stops made along the way as well as any messages exchanged between the trucker and the company. henderson truck accident law firm can be used by a knowledgeable personal injury lawyer to prove that the truck driver was distracted or ignoring safety procedures.
When a victim of a car accident can prove that the trucking company, truck driver or any other defendants failed to adhere to their duty of care and caused the collision they must be held accountable for any injuries that may have occurred due to. Plaintiffs must show that the defendants violated a law or regulation, and that the violation caused harm. It is easy to prove that a violation was not negligent in the context of traffic laws, however federal regulations require a more complicated analysis.
The process of negotiating a settlement
In many cases victims of truck accidents can settle their claim without having to go to trial. The process of reaching an agreement involves discussing the details of your situation with an insurance company and determining the amount you are entitled to under the law of the state. A lawyer for truck accidents can evaluate your injuries and document the losses you have suffered that result from them to determine the worth of your case. The attorney will then be able to use the results from other similar lawsuits involving truck accidents and the verdicts of juries in similar situations to calculate an appropriate settlement amount.
Your lawyer may also work with the insurance company to ensure that the settlement you receive adequately covers the documented damages. This includes any money you've lost because you didn't work to seek treatment for your injury. Lawyers can assist you with submitting documentation to prove the losses you suffered, including old pay stubs. If you are unable return to the same type of job due to your injuries, you may be entitled to compensation for the loss of future earning capacity as well.
Insurance companies often begin the discussion with an offer that is low. This is a tactic used to determine how desperate are to settle and can affect the value of your case. A seasoned attorney can prevent being judged low-balled by staying at peace and not giving in to pressure to accept a poor settlement.
After your lawyer has agreed to an amount that is reasonable and fair, they will send the person who is at fault a written demand for a settlement. The other party must respond within 30 days, or else you lose your right to sue them in court. In certain cases the trucking company may refuse to negotiate and your attorney will pursue a lawsuit against a negligent party.
It is not possible to give an estimate of the worth of a truck accident settlement because every case is unique. For instance the severity of the injuries and the length of time you will be away from work to receive medical treatment are some of the factors that can vary. But, it's not unusual for settlements in truck accidents to be in the millions.