Truck Accident Litigation
There are a lot of potential defendants in truck accident litigation. It could include the truck driver and their employer as well as a manufacturer that made defective equipment or a company that loaded cargo in a way that was not properly.
Many trucks are equipped with event data recorders (also known as black boxes) which can aid investigators in determining the cause of the crash occurred. Personal injury lawyers who are experienced know how to match the data with log books.
Investigation of the Scene
In the event of a car crash, the first thing to do is gather evidence. In truck accidents, however there are a variety of aspects to be considered. Trucks often transport dangerous items and even a minor incident can cause serious or fatal injuries.
Due to this, the investigation process is more complicated than that of a standard car accident. It is also more time-consuming, and it requires the help of experts in different areas. Fortunately, a qualified lawyer can connect you to the most qualified people to do this job.
Interviewing eyewitnesses is a crucial component of a thorough accident investigation. It also requires the assistance of experts who can retrace how the accident happened based on the physical evidence that is collected. This is essential in the case of a defendant being held accountable for the accident.
Furthermore, an attorney must request any information from the trucking driver and company that may be relevant to the case. This could include information regarding the safety policies of the trucking firm or training procedures, as well as maintenance protocols. The past of the driver is also important. This could include any previous incidents, reprimands or alcohol/drug test results.
Another piece of evidence to look for is the information from the black box of the truck. These devices, which are similar to those used in planes, may provide an abundance of information regarding the incident. The information you require should be sought as soon as possible by your attorney, as it may disappear in time because of the elements or passing traffic.
The attorney must also collect medical records from the victims of the crash. These documents will assist in proving that the injuries suffered during the crash resulted in significant and long-lasting damage. It is important to keep these documents along with any medical notes and treatment schedules.
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 the court. Expert witnesses are critical in these cases. They are professionals with the knowledge, training, and expertise to evaluate the evidence in your case, and provide their opinions to the jury. They can explain complicated mechanical, physical, medical, and economic concepts that a majority of jurors are not aware of or have no understanding of.
Depending on the type of expert witness you require, they could be as basic as a mechanic who can figure out why your vehicle was damaged in the crash or metallurgists who perform a failure analysis on the specific part of your truck or pathologists who determine the reason for death. They may be required to examine and testify to specific aspects of your case, like the force or the crash and the velocity of the vehicle, or the reconstruction of the accident.
Another important area where expert witnesses are called in is for medical experts to verify the severity of your injuries. This is a subject which can be a major issue by insurance companies as they may try to claim that you have exaggerated your injuries or that they were pre-existing and that the accident didn't cause any additional harm. In these cases your lawyer will call in an independent medical expert to counter the testimony of the insurance company's doctor.
In the end an expert witness could be vital when it comes to proving that the trucker involved in the accident was negligent in some way. They will use their expertise to help the jury comprehend the reasons why the truck driver was not doing his or her job, the consequences this failure has caused, and the resulting financial consequences of that inattention for you.
GPS Tracking
It is not uncommon for victims of truck accidents suffer severe injuries. They are entitled to compensation for medical expenses, lost wages, pain and suffering, along with other expenses. Manhattan truck accident lawyers from Cellino Law are prepared to seek justice for their clients and fight for the compensation they deserved.
One of the most beneficial technological tools in any accident case is GPS tracking. These devices are a standard of the trucking industry and often contain a range of crucial information that can be used to determine liability. A Qualcomm system, for example can provide vital information about speed as well as braking performance engines performance and hours of service. This information can be paired with other evidence, such as eyewitness accounts, to reconstruct the scene of a crash.
Other pieces of valuable information in a truck crash incident could include the records of the trucking company's telematics software and dash cams. Telematics is the gathering of data collected by a vehicle’s onboard computer. The data is used to instruct fleet drivers and to record incidents. The data can include speed, harsh braking and phone usage. This information can be compared with the log books of the truck driver to determine if accurate records were kept.
Another important aspect is any fax communications records that may have been sent out regarding the trip prior to the incident. This could include information on the route and destination, any stops along the way, or even an account of any messages between the truck driver and the company. An experienced personal injury lawyer could use this evidence to prove that the truck driver was distracted, ignoring safety procedures, or taking risks that were not necessary.
If a victim of a truck crash can prove that the trucking company or driver or any other defendants failed to fulfill their duty of care and caused the collision then they must be held accountable for any injuries that occur as a result. To win a case, the plaintiff must show that the defendant acted in violation of any law or regulation, and that the violation directly caused harm. It is easier to prove that a breach of traffic laws was negligent however Federal regulations require a more intricate analysis.
Negotiating a Settlement
In many instances, truck crash victims are able to settle their claims without having to go to court. To negotiate a settlement, you will need to discuss the specifics of your accident with the insurance company. This includes the amount that you are entitled to under the law of your state. north charleston truck accident lawyer for truck accidents can evaluate your injuries and record the losses you've suffered as a result of the accident to determine much your case is worth. The attorney will then be able to use the results of similar lawsuits involving truck accidents and the verdicts of juries in similar circumstances to determine an acceptable settlement amount.
Your lawyer may also be able to negotiate directly with the insurance company in order to ensure that the settlement you get is adequate to cover the losses which are documented. This includes any money you have lost due to missing work to get treatment for your injury. The lawyer can assist you submit documentation for these losses, such as old pay stubs. If you are unable to return to the exact same type of job because of your injuries, you may be eligible for compensation for the loss of earning potential in the future as well.
Insurance companies usually begin the conversation by offering an offer that is not as high. This is a typical tactic to gauge how desperate you are for a settlement and can impact the value of your case. A lawyer who is well-informed will avoid being slammed by staying calm and not allowing pressure to accept the terms of a settlement that are not adequate.
After your lawyer has reached an amount that is reasonable and fair, they will send the person who is at fault an email request for settlement. The other party must respond within 30 days, or you will lose the right to pursue them in court. In some instances the trucking company might refuse to negotiate. Your attorney will then start an action on behalf of the negligent party.
It isn't possible to provide a general estimate for how much a settlement for a truck accident is worth, as each situation is different, such as the severity of your injuries as well as the amount of time you will miss working to undergo medical treatments. However, it isn't common for settlements for truck accidents to be in the millions.