Truck Accident Litigation
There are many potential defendants in truck accident litigation. These defendants may include the driver of the truck and their employer, as well as a company that manufactured defective equipment or an individual contractor who improperly loaded cargo.
Many trucks are equipped with event data recorders, sometimes referred to as black boxes. These can aid investigators in determining the cause of the crash happened. Personal injury lawyers who are experienced know how to match this information with log books.
Investigation of the Scene
In the event of a car crash the first step in an investigation is to collect evidence from the scene and take pictures. In truck accidents, however there are a variety of aspects to be considered. Trucks often transport dangerous goods and even a minor accident could result in fatal or serious injuries.
This is because the investigation process is more complicated than that of a standard car accident. It takes more time and requires the assistance of experts from various areas. Fortunately, a qualified lawyer can help you connect with the best people for this task.
An extensive investigation into a truck accident includes interviewing eyewitnesses, as well as going to the site of the crash. Experts are also needed to reconstruct the crash using the physical evidence. This information is crucial in holding a defendant liable for the incident.
Additionally, an attorney must request any information from the trucking company and driver that could be relevant to the case. This could include information about the safety policies of the trucking firm, maintenance protocols, and training procedures. Also, the background of the truck driver is important for any past incidents, reprimands or test results for alcohol or drugs.
Another thing to gather is the data from the black box in the truck. These devices are similar to ones that are installed in airplanes, and they can provide a wealth of information on the circumstances of the accident. salinas truck accident lawsuit must request this information as soon as possible, as it may disappear over time due to weather conditions or the passing traffic.
A lawyer should also gather medical records of the victims. These documents will prove that the injuries sustained in the crash have caused long-lasting and significant damage. 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 accidents involving trucks result in an agreement between the insurance company and the victim however, some don't and must be tried in the court. This is where expert witnesses play a key role. They are professionals who have the experience and training to assess the evidence in your case, and give their opinion to the jurors. They can explain complex medical, physical, mechanical, and economic concepts that most jurors lack understanding of.
Expert witnesses could be anything from a simple car mechanic to a metallurgist that can analyze the failure of a truck component or a pathologist who can determine what caused the death. They could be required to examine and testify to particular aspects of your case, for instance the force or crash and the velocity of the vehicle, or the accident reconstruction.
Another crucial area where expert witnesses 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 your injuries, or the fact that these were pre-existing injuries and that the accident did not cause any further damage. In these cases your attorney can call in an independent expert who will challenge the evidence of the doctor who is a part of the insurance.
A witness who is an expert in the field can be helpful in proving that a truck driver was negligent. They will use their expertise to help the jury understand the reasons why the truck driver was not doing his or her job, the consequences this negligence caused, and the resulting financial repercussions of the negligence for you.
GPS Tracking
It is not uncommon that victims of accidents involving trucks suffer serious injuries. They are entitled to compensation for medical bills, lost wages and suffering and other expenses. 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 one of the most useful technologies in accident cases. These devices are an integral part of the trucking industry and frequently come with a variety of important data that can be used to determine liability. A Qualcomm system, for instance, can provide important information including speed, braking engine performance, and service hours. This information can be combined with other evidence, including eyewitness testimony to reconstruct the scene of the crash.
Other valuable pieces of information in a truck crash case could be records from the trucking company's telematics program and dash cameras. Telematics is the gathering of information gathered by a vehicle's onboard computer. The data is used to train fleet drivers and record incidents. This 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 if the correct records were recorded.
Another important piece of information is any fax communication records that might have been sent about the trip prior the accident. This could include the route, destination, any stops made on the way, as well as any messages sent between the trucker and the company. A seasoned personal injury lawyer can use this to show that the truck driver was distracted, not following safe procedures or taking unnecessary risks.
If a victim of a truck accident can prove that the trucking company, driver, or any other defendants failed in their duty of care and caused the collision, they should be held accountable for any injuries incurred as a result. In order to win a case the plaintiff must prove that the defendant acted in violation of a statute or regulation and that the breach directly caused harm. It is easier to prove that a breach of traffic laws was negligent however, Federal regulations require a more intricate analysis.
The process of negotiating a settlement
In many instances, truck accident victims are able to settle their claims without having to go to court. The process of negotiating a settlement 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 lawyer for truck accidents can assess your injuries and document the damages you've suffered in the accident to determine the value of your case is. The lawyer can then utilize the results from other similar lawsuits related to truck accidents as well as the way juries awarded victims in similar circumstances to determine an appropriate settlement amount.
Your lawyer may also work with the insurance company to make sure that the settlement you receive adequately covers the damages you have documented. This will include any money you have lost due to missing work to get treatment for your injuries. Lawyers can assist in submitting documentation for these losses, such as old pay bills. If you are unable to return to the same kind of job because of the injuries you sustained, you could be entitled to compensation for loss of earning potential in the future as well.
Insurance companies often begin the conversation by offering an offer that is not as high. This technique is used to gauge the level of urgency you have to settle your case. It could have a negative impact on the value of your claim. A lawyer who is experienced can avoid being lowballed by staying calm and never allowing pressure to accept an offer that is not satisfactory.
Once your lawyer has agreed to a reasonable settlement amount, they will send a settlement demand in writing to the at-fault party, which must be answered within 30 days or your rights to bring a lawsuit against the responsible party in court will be revoked. In some instances, the trucking company may refuse to negotiate. Your attorney will then file an action on behalf of the negligent party.
It is not possible to provide a general figure of how much a settlement for a truck accident is worth as each situation is different including the severity of your injuries and the amount of time that you'll be away from work to receive medical treatment. But, it's not unusual for settlements in truck accidents to be in the millions.