Truck Accident Litigation
Truck accident litigation can involve numerous possible defendants. It could include the truck driver and their employer and a manufacturer who produced defective equipment, or a company that loaded cargo in a way that was not properly.
Many trucks contain event data recorders, also known as black boxes. They can assist investigators in determining how an accident occurred. Personal injury lawyers who are experienced be able to match the information with log books.
Investigation of the Scene
In the event of a car crash the first thing you need to do is collect evidence. When it comes to truck accidents, there are many more aspects to be considered. Trucks are frequently carrying dangerous items and even a minor accident can result in fatal or serious injuries.
The investigation process is more complicated than a typical car accident. It is also more time-consuming and requires the assistance of experts in different areas. Luckily, a lawyer with experience can connect you with the most qualified people for this job.
Interviewing eyewitnesses is an essential element of a thorough truck accident investigation. Experts are also needed to reconstruct the accident by analyzing the physical evidence. This is essential in finding a defendant accountable for the incident.
A lawyer must also inquire of the trucking company and the driver for any information that might be relevant to a specific case. This could include information regarding the safety policies of the trucking firm as well as training procedures and maintenance procedures. The history of the driver is important. This includes any past incidents, reprimands or alcohol/drug test results.
Another source of evidence to gather is the data from the black box of the truck. These devices, which are similar to those used in planes, can offer many details about the accident. Attorneys must seek this information as quickly as you can, since it could fade over time due to the elements or passing traffic.
In addition, the attorney should also collect medical records from the victims of the crash. These documents will help prove that the injuries sustained during the crash caused a significant and lasting injury. It is essential to keep these documents, together with any doctor's notes and treatment schedules.
Expert Witnesses
While the majority of truck accidents end up in an agreement between the insurance company and the injured party but some do not and need to be tried in the court. Expert witnesses are vital in these cases. They are professionals with the knowledge and training required to evaluate the evidence in your case, and provide their opinions to jurors. They can explain complicated medical, physical, mechanical, and economic concepts that the majority of jurors have little or no understanding of.
Based on the type of expert witness you require, they can range from as simple as a mechanic who will determine the reason your vehicle was damaged during the accident and metallurgists that can do a failure analysis on an individual truck component, or pathologists who can determine the reason for death. They could also be required to testify and examine specific elements of your case, such as the force of the collision and the speed of the vehicle, or accident reconstruction.
Another area in which expert witnesses are called in is to help medical experts determine the severity of your injuries. This is an area which is often contested by insurance companies as they attempt to claim that you have exaggerated your injuries or that they were pre-existing injuries and that the accident didn't cause any additional harm. In these situations, your attorney will call an independent medical expert to contest the doctor's testimony for insurance companies.
A witness who is an expert in the field can be extremely helpful in proving a trucker was negligent. Expert witnesses will utilize their knowledge to assist the jury in understanding the reasons why the truck driver did not perform his or her job, what the failure led to and the financial consequences of that negligence for you.
GPS Tracking
It is not uncommon that victims of truck accidents suffer serious injuries. They deserve compensation for medical expenses, lost wages, pain and suffering, and other expenses. Cellino Law, a Manhattan truck accident lawyer firm, is ready to fight for justice and compensation for their clients.
One of the most useful tools in any case of accident is GPS tracking. These devices are utilized by the trucking industry, and they often contain a range of important information that help determine the responsibility. A Qualcomm system, for instance, can provide important data on speed, braking engine performance, and hours of service. This information can be combined with other evidence, like eyewitness testimony to reconstruct the scene of the crash.
evansville truck accident law firm of information in a truck crash investigation could be evidence from the trucking company's telematics system and dash cams. Telematics is the gathering of data gathered by the vehicle's onboard computer. The data is used to train fleet drivers and to record incidents. This data could include speed, harsh braking, and phone usage. This can be compared with the log books of truck drivers to determine whether accurate records were maintained.
Another important piece of information is any fax communication records that may have been sent regarding the trip prior the accident. This can include information about the route and destination, as well as any stops during the journey, and even the record of any communication between the truck driver and the company. This information can be used by a knowledgeable personal injury lawyer to prove that the trucker was distracted or following unsafe procedures.
If a truck accident victim can prove that the trucking company, driver or any other defendants, did not perform their duty of care, and caused the collision and caused the accident, they should be accountable for any injuries sustained as a result. In order to win a case the plaintiff must prove that the defendant violated the law or regulation and that this violation directly caused harm. It is easy to prove that a violation was not negligent when it comes to traffic laws, however federal regulations require a much more intricate analysis.
Negotiating a Settlement
In many instances victims of truck accidents can settle their claim without having to go to trial. In order to reach a settlement, you'll need to discuss the facts of your accident with the insurance company. This is the amount you are entitled under state law. A lawyer for truck accidents will evaluate your injuries and document the losses you have suffered as a result to determine the value of your case. The lawyer can then utilize the results of similar lawsuits related to truck accidents as well as how juries awarded victims in similar circumstances to determine an appropriate settlement amount.
Your lawyer can also negotiate with the insurance company to ensure that the settlement you receive adequately covers the damages you have documented. This includes any money that you lost because you missed work to seek treatment for your injury. Lawyers can assist you in submitting evidence for these losses, including old pay stubs. If you're not able to return to the same kind of job because of the injuries you sustained, you could be eligible for compensation for the loss of future earning capacity as well.
Insurance companies usually begin the discussion by making an offer of low value. This technique is used to gauge how desperate you are to settle your case. It could have a negative effect on the value of your claim. An experienced attorney can avoid being judged low-balled by staying calm and never giving in to pressure to accept a poor settlement.
After your lawyer has agreed to an amount that is reasonable then they will mail the at-fault person a written demand for settlement. The other party must respond within 30 days, or you will lose your right to take them to court. In some cases the trucking company may refuse to negotiate. Your attorney will bring an action on behalf of the negligent party.
It isn't possible for us to provide a general figure for the amount an accident settlement for a truck is worth as each situation is different including the degree of your injuries, as well as the length of time you'll miss from work for medical treatments. Settlements for truck accidents can be millions of dollars.