Truck Accident Litigation
There are a myriad of potential defendants in truck accident litigation. The defendants could include the driver of the truck as well as their employer as well as a company that manufactured defective equipment, or an individual contractor who loaded cargo incorrectly.
Many trucks are equipped with event data recorders (also called black boxes) that can assist investigators in determining why the crash took place. Professional personal injury attorneys know how to link this information to log books.
Investigation of the Scene
In the event of a car crash the first thing to do is gather evidence. Accidents involving trucks are distinct. There are a variety of aspects to consider. Trucks are frequently carrying dangerous products and even a minor collision can result in fatal or serious injuries.
The investigation process is therefore more complex than the typical car accident. It takes longer and requires the assistance of experts from a variety of areas. Luckily, a lawyer with experience can help you connect with the best people for this job.
Interviewing eyewitnesses is a crucial part of a thorough accident investigation. It also requires the help of experts who are able to reconstruct how the accident happened based on the physical evidence that is collected. This information is crucial to making a defendant accountable for the accident.
A lawyer should also inquire with the trucking company and driver for any information that may be relevant to a case. This could include information on the safety policies of the trucking firm maintenance procedures, safety policies, and training procedures. Also, the history of the driver of the truck is important like any prior incidents, reprimands, or alcohol/drug test results.
The data gathered from the black box in the truck is a different element of evidence that should be gathered. These devices, which are like those used in planes, can offer many details about the accident. Your lawyer must get this information as soon as you can, since it could fade over time due to weather or traffic.
A lawyer should also gather medical records of the victims. These documents will assist in proving that the injuries suffered during the crash caused substantial and lasting damage. It is essential to keep these documents, as well as any medical notes or treatment plans that are available.
Expert Witnesses
The majority of truck accidents are settled between insurance company, the injured party and the trucking company. However, some do NOT and must be taken to court. This is where expert witnesses play a key role. They are professionals with the experience, knowledge and expertise to review the evidence in your case and present their views to the jury. They can explain complicated mechanics, medical concepts, and economic concepts to jurors who have little or no knowledge of them.
Expert witnesses could range from a straightforward car mechanic to a metallurgist able to examine the failure of a truck component or a pathologist that can determine the cause of death. They may be required look into and testify on specific aspects of the case, such as the force or the crash or the vehicle's velocity, or the reconstruction of the accident.
Medical experts are also required to evaluate the severity and extent of your injuries. Insurance companies will often contest this claim, claiming that you exaggerate your injuries or that these were pre-existing conditions and that the incident didn't cause any further damage. In these situations, your attorney will call an independent medical expert who will challenge the testimony of the insurance company's doctor.
Additionally, an expert witness can be vital when it comes to proving that the trucker involved in the accident was negligent in a certain way. They can use their expertise to help the jury comprehend how the truck driver was unable to perform his or her job, the consequences that failure caused, and the resulting financial consequences that resulted from the negligence for you.
GPS Tracking
It is not uncommon to see victims of truck accidents suffer severe injuries. They need financial assistance to pay medical bills as well as lost wages, pain and suffering and other related expenses. 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 effective technologies used in the event of an accident. These devices are a staple of the trucking industry and frequently come with a variety of vital information that can be used to determine the extent of liability. A Qualcomm system provide, for instance, important information such as speed as well as braking performance as well as engine performance and service hours. This information can be combined with other evidence, including eyewitness accounts, to reconstruct the scene of a crash.
Dash cams and telematics data may also be valuable during a truck collision. Telematics is the collection of data gathered by a vehicle's onboard computer. It is used to coach fleet drivers and also to record incidents. This may include crucial information like speed, harsh braking, phone usage, and more. This information can be compared with the log books of the truck driver to determine whether accurate records were kept.
A fax recording of any communications regarding the trip prior to the accident is also important. This could include the route, destination, any stops made during the journey as well as any messages exchanged between the trucker and the company. hawthorne truck wreck lawyer experienced personal injury lawyer can use this to show that the truck driver was distracted, following unsafe procedures, or taking unnecessary risks.
When a victim of a car accident is able to prove that the trucking company, driver, or any other defendants failed to uphold their duty of care and caused the accident and the victim should be held responsible for any injuries that may have occurred as a result. To prevail in a lawsuit, the plaintiff must show that the defendant acted in violation of an act or regulation and that the violation directly caused harm. It is much easier to prove that a breach of an traffic law was negligent however, Federal regulations require a more detailed analysis.
Negotiating a Settlement
In many instances, truck accident victims can settle their claims without having to go to court. The process of negotiating an agreement involves discussing the facts of your case with an insurance firm including the amount you are entitled to under the law of the state. An experienced truck accident attorney can assess your injuries and document the damage you have suffered in the accident to determine much your case is worth. The attorney can take the findings of similar cases involving truck accidents and how juries have awarded victims in comparable situations to decide on a fair settlement amount.
Your lawyer can also work directly with the insurance company in order to ensure that the settlement you get will adequately cover the damage you've that are documented. This includes any money that you have lost due to missing work to receive treatment for your injury. The lawyer can assist in submitting evidence for these losses, such as old pay statements. If you're unable to return to the same type of job because of your injuries, you may be eligible for compensation for the loss of future earning capacity as well.
Insurance companies typically start the conversation by offering a low offer. This method is used to determine how desperate you are to settle your case and could have a negative effect on the value of your claim. A knowledgeable attorney can avoid being low-balled by remaining calm and never giving in to pressure to accept an inadequate settlement.
After your lawyer has negotiated an amount that is reasonable and fair, they'll send the person who is at fault a written demand for settlement. The person who is responsible must respond within 30 days otherwise you'll lose the right to take them to court. In some cases the trucking company might refuse to negotiate. Your attorney will then file a lawsuit on behalf of the party who was negligent.
It is difficult to give an estimate of the value of a truck crash settlement since each case is different. For example, the severity of the injuries and the amount of time you'll be away from work to receive medical treatment are two factors that vary. Settlements for truck accidents can be millions of dollars.