Truck Accident Litigation
Truck accident litigation covers a wide range of potential 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 loaded cargo incorrectly.
Many trucks have event data recorders (also called black boxes) that can assist investigators in determining the cause of an accident occurred. An experienced personal injury lawyer will be able to match this information to log books.
Investigation of the Scene
When a car accident occurs the first step in an investigation is usually to gather evidence in physical form and take pictures. In truck accidents, however there are a variety of things to consider. For example truck accidents often involve dangerous items, and even a relatively minor accident can cause fatal or serious injuries.
This is why the investigation process is more complicated than the typical car accident. It is also more time consuming, and it requires the help of experts in various areas. A lawyer who is experienced can help you find the right professionals to handle this job.
A thorough truck accident investigation involves interviewing eyewitnesses as well as visiting the scene of the crash. Experts are also required to reconstruct the crash based on the collected physical evidence. This information is crucial in holding a defendant liable for the incident.
Additionally, the attorney should seek out any information from the trucking company and driver that could be relevant to the case. This could include information regarding the safety policies of the trucking firm training protocols, procedures for training, and maintenance procedures. Also, the history of the driver of the truck is crucial including any previous incidents, reprimands, or alcohol/drug test results.
The information contained in the black box of the truck is another element of evidence that should be gathered. These devices, similar to those installed in planes, could provide a lot of information about the incident. This information should be requested as soon as you can by your lawyer, as it could disappear over time due to the elements or other traffic.
A lawyer should also collect medical records of the victims. These documents will help prove that the injuries sustained in the crash have caused a significant and lasting injury. It is crucial to preserve these documents, along with any doctor's notes or treatment schedules that are readily available.
Expert Witnesses
Although the majority of truck accidents result in an agreement between the insurance company and the person who was injured but some do not and must be heard in court. Expert witnesses play a key role. They are professionals who have the experience, knowledge and experience to assess the facts in your case and then present their findings to the jury. They can explain complicated medical concepts, mechanical concepts and economic concepts to jurors who have little or no understanding of them.
Based on the type of expert witness required they can range from as simple as a mechanic who can identify why your vehicle was damaged in the accident, to metallurgists who can do a failure analysis on an individual truck component or pathologists who determine the cause of death. They may be required examine and testify on specific elements of your case, such as the force of the collision, the vehicle velocity, or the accident reconstruction.
Medical experts are also called upon to verify the extent and severity of your injuries. This is an area 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 them any additional damage. In these situations your lawyer will bring in an independent medical expert to contest the claims of the insurance company's doctor.
Lastly an expert witness can be vital when it comes to proving that the trucker who was involved in the accident was negligent in any way. They can use their expertise to help the jury comprehend the truck driver's failure to perform their duties and the financial consequences caused by that failure, and how that failure affected you.
GPS Tracking
When truck accidents occur, it is not unusual for victims to suffer serious injuries. They need financial assistance to deal with medical bills and lost wages, as well as 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 among the most effective technologies used in accident cases. These devices are employed by the trucking industry, and typically contain a range of important information that help determine the liability. A Qualcomm system can provide important information, such as speed and braking performance engine performance, service hours. This information can be combined with other evidence, such as eyewitness testimony to reconstruct the scene of a crash.
Dash cams as well as telematics records may also be valuable in the event of a truck accident. Telematics is the process of collecting data gathered by the vehicle's onboard computer. This information is used to instruct fleet drivers and record incidents. tacoma truck accident lawyer could include vital information like speed, harsh braking, phone usage and more. It can be compared with the truck driver's log books to determine whether accurate records were kept.
A fax recording of any communications regarding the trip before the accident is also important. This could include information about the route, destination, any stops during the journey and any messages exchanged between the trucker and the company. This can be used by a seasoned personal injury lawyer to prove that the truck driver was distracted or not following safe procedures.
If the victim of a car accident can prove that the trucking company, driver, or any other defendants, failed to fulfill their duty of care and triggered the collision then they must be held 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 simpler to prove that a violation was negligent when it comes to traffic laws, but federal regulations require a much more complicated analysis.
Negotiating a Settlement
In many cases victims of truck accidents can settle their claim without going to trial. The process of reaching a settlement involves discussing the details of your case with an insurance firm, including the amount you are legally entitled to under state law. An experienced lawyer for truck accidents will evaluate your injuries and document the damage you have suffered due to the crash to determine how the value of your case is. The attorney will analyze the results of similar cases involving similar truck accidents as well as how juries have rewarded victims in comparable situations to determine the amount of a fair settlement.
Your lawyer can also work directly with the insurance company to ensure that the settlement you get adequately covers the damages which are documented. This will include any money you have lost due to missing work to receive treatment for your injuries. The lawyer can assist in submitting evidence for these losses, such as old pay statements. If your injuries hinder you from returning to the same job, you could be entitled to compensation.
Insurance companies typically begin the conversation with an offer that is low. This tactic 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 lawyer who is knowledgeable can avoid being deceived by remaining calm, and never succumbing to 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 at fault a written request for a settlement. The other party must respond within 30 days or you'll lose the right to sue them in court. In some instances the trucking company may refuse to negotiate and your lawyer will bring a lawsuit against the negligent party.
It is difficult to give an estimate of the worth of a truck accident settlement as each situation is unique. For example the severity of injuries and the time you will be away from work to receive medical treatment are factors that can vary. Settlements for truck accidents can be millions of dollars.