Truck Accident Litigation
The litigation involving truck accidents involves a wide range of possible defendants. These defendants could include the driver of the truck as well as their employer as in addition to a company which manufactured defective equipment, or an individual contractor who improperly loaded cargo.
Many trucks are equipped with event data recorders (also called black boxes) which can aid investigators in determining why the crash occurred. Personal injury lawyers with experience will be able to match the data contained in log books.
Investigation of the Scene
In the event of a car crash the first thing you need to do is gather evidence. The causes of truck accidents differ. There are a variety of factors to be considered. Trucks are typically carrying dangerous products and even a minor accident can result in fatal or serious injuries.
The investigation process is more complicated than a typical car accident. It takes longer and requires the assistance of experts from various areas. Fortunately, a lawyer who is qualified can connect you with the most qualified people for this job.
An exhaustive investigation into a truck accident involves interviewing eyewitnesses and going to the site of the crash. Experts are also needed to reconstruct the incident based on the collected physical evidence. This information is crucial in making a defendant accountable for the accident.
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 about the safety guidelines of the trucking company as well as training procedures and maintenance procedures. The background of the driver is also important. This could include any previous incidents, reprimands and drug/alcohol test results.
Another evidence source to look for is the information from the truck's black box. These devices, similar to those installed in planes, could provide lots of details regarding the accident. This information should be requested as soon as possible by your attorney, as it could disappear over time due to the elements or the speed of traffic.
Finally, an attorney should also obtain medical records from the victims of the crash. These records will prove that the injuries sustained during the crash caused substantial and lasting damage. It is essential to keep these documents, along with any doctor's notes or treatment schedules that are accessible.
Expert Witnesses
Although the majority of truck accidents end up in a settlement between the insurance company and the person who was injured however, some don't and must be heard in court. Expert witnesses are critical in these cases. They are professionals who have the experience and training to evaluate the evidence in your case and provide their opinions to jurors. They can explain complex medical, physical, mechanical, and economic concepts that most jurors have little or no understanding of.
Depending on the kind of expert witness required they could be as basic as a mechanic who can identify why your vehicle was damaged during the accident and metallurgists who conduct a failure analysis of the specific part of your truck or pathologists who determine the causes of death. They could also be required to testify and examine particular aspects of your case, such as the impact of the crash or the vehicle's speed, or accident reconstruction.
Another crucial area where experts are called in is to help medical experts determine the severity of your injuries. Insurance companies will often contest this claim, claiming that you exaggerate the severity of your injuries or that they were pre-existing issues and that the incident didn't cause any additional harm. In these instances the lawyer will call an independent medical expert to contest the insurance company's doctor's testimony.
Additionally an expert witness could be crucial when it comes to finding out that the trucker at fault in the accident was negligent in some way. They will use their knowledge to assist jurors in understanding the truck driver's failure perform their duties as well as the financial implications that resulted from that failure and how the failure affected the person who was affected.
GPS Tracking
When accidents with trucks occur, it is not uncommon for their victims to sustain serious injuries. They deserve financial assistance for medical bills as well as lost wages, suffering and related expenses. Manhattan truck accident lawyers from Cellino Law are prepared to pursue 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 employed by the trucking industry, and they often contain a variety important data which can assist in determining liability. A Qualcomm system provide, for instance, important information, such as speed of braking, engine performance, and service hours. This information can be paired with other evidence, like eyewitness testimony to reconstruct the scene of a crash.
Dash cams and telematics records could also prove useful in a truck accident. Telematics is the process of collecting data collected by a vehicle’s onboard computer. The data is used to instruct fleet drivers and to record incidents. It can contain important details like speed, rough brakes, usage of phones and more. This can be compared against the log books of the truck driver to determine whether accurate records were kept.
A fax log of any communications regarding the trip before the accident is also crucial. This could include information on the route and destination, as well as any stops during the journey, and even an account of any messages between the truck driver and the company. bellflower truck accident attorney experienced personal injury lawyer can use this to prove that the truck driver was distracted, following unsafe 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 perform their duty of care and caused the accident and resulted in the collision, then they should be held accountable for any injuries that occur as a result. Plaintiffs must show that the defendants broke a law or regulation, and that the violation caused harm. It is much easier to prove that a violation was negligent when it comes to traffic laws, however federal regulations require a much more complicated analysis.
Negotiating a Settlement
In many instances victims of truck accidents can settle their case without having to go to trial. The process of negotiating an agreement involves discussing the facts of your situation with an insurance company, including the amount you are entitled to under the law of your state. An experienced attorney for truck accidents can evaluate your injuries and document the losses you have suffered as a result of the accident to determine your case is worth. The attorney will draw on the results of similar cases of truck accidents and the way juries have awarded victims in similar circumstances to determine the fair amount to settle.
Your lawyer can also work directly with the insurance company in order to ensure that the settlement you get is sufficient to cover the damages you have which are documented. This includes any amount you've lost due to missing work to get treatment for your injuries. The lawyer can assist in submitting the necessary documentation for these losses, such as old pay stubs. If your injuries prevent you from returning to your previous job, you could be entitled to compensation.
Insurance companies often begin the conversation with a low-ball offer. This strategy is used to determine the level of urgency you have to settle your case and can have a negative impact on the value of your claim. A lawyer with experience can avoid being lowballed by remaining calm, and not allowing pressure to accept an offer that is not satisfactory.
After your lawyer has agreed to an amount that is fair and fair, they will send the person at fault an email request for a settlement. The person who is responsible must respond within 30 days otherwise you'll lose your right to take them to court. In some instances the trucking company may refuse to negotiate. Your attorney will then initiate a lawsuit on behalf of the party who was negligent.
It isn't possible for us to provide an estimate of what a truck accident settlement is worth, as each case is unique, such as the degree of your injuries, as well as the amount of time you'll be absent working to undergo medical treatments. Truck accident settlements can reach millions of dollars.