Truck Accident Litigation
The litigation involving truck accidents involves an array of possible defendants. They may include the truck driver and their employer, and a manufacturer who produced defective equipment, or a contractor that loaded cargo improperly.
Many trucks have event data recorders (also known as black boxes) that can assist investigators in determining how a crash happened. Professional personal injury attorneys know how to link the data with log books.
Investigation of the Scene
In the case of a car accident, the first thing to do is collect evidence. Truck accidents are not the same. There are many other aspects to consider. For instance trucks often transport dangerous goods, and even a relatively minor crash can result in severe or fatal injuries.
The investigation process is therefore more complicated than a typical car accident. It is also longer and requires the assistance of experts in different areas. A lawyer with experience can help you locate the right experts to perform this job.
An exhaustive investigation into a truck accident involves interviewing eyewitnesses and going to the scene of the accident. Experts are also required to reconstruct the incident using the physical evidence. This is essential in holding a defendant responsible for the accident.
A lawyer should also ask the trucking company as well as the driver for any information that could be relevant to a specific case. This could include information regarding the safety guidelines of the trucking company or training procedures, as well as maintenance protocols. The background of the driver is important. This includes any previous incidents, reprimands and drug/alcohol tests results.
The information from the black box in the truck is another element of evidence that should be collected. These devices, which are like those used in planes, may provide many details about the incident. The information you require should be sought as soon as you can by your attorney, since it could be lost because of the elements or traffic.
In addition, the attorney should also collect medical records from the victims of the crash. These documents will help prove that the injuries suffered during the crash caused a significant and lasting injury. It is vital to keep these documents, together with any doctor's notes and treatment schedules.
Expert Witnesses
Most truck accidents are settled between insurance company, the person who was injured and the trucking company. However, there are some that do NOT and must be brought to the court. This is where expert witnesses play an important role. They are professionals with the experience and training to evaluate the information in your case and offer their opinion to jurors. They can explain complex mechanical, physical, medical and economic concepts that many jurors have little or no understanding of.
Depending on the kind of expert witness you require, they can range from as simple as a car mechanic who can identify why your vehicle was damaged in the accident, to metallurgists who can perform a failure analysis on the truck part that is in question, or pathologists who can determine the causes of death. They could also be required to look into and testify on specific elements of your case such as the force of the crash and the speed of the vehicle, or reconstruction of the accident.
Medical experts are also called upon to evaluate the extent and severity of your injuries. Insurance companies will often contest this area, claiming that you exaggerate your injuries, or the fact that these were pre-existing injuries and that the accident didn't cause any further damage. In these instances the lawyer will call an independent medical expert to counter the doctor's testimony for insurance companies.
Additionally an expert witness could be crucial to finding out that the trucker at fault in the accident was negligent in some way. They will use their knowledge to help the jury comprehend the truck driver's omission to perform their duties as well as the financial implications caused by that failure and how that lack of performance affected you.
GPS Tracking
It is not uncommon for victims of truck accidents suffer severe injuries. They deserve financial support to deal with medical expenses as well as lost wages, suffering and associated costs. Cellino Law, a Manhattan truck accident lawyer firm is prepared to fight for justice and compensation for their clients.
GPS tracking is one of the most efficient technologies in accident cases. canton truck wreck lawyer 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 data on speed brake engines performance and service hours. This information can be paired with other evidence, including eyewitness accounts, to reconstruct the scene of an accident.
Dash cams and telematics data may also be valuable in a truck accident. Telematics refers to the information gathered by an automobile's onboard computer. It's used to coach fleet drivers as well as to record incidents. This can include important data like speed, harsh braking, phone usage and more. This information can be compared with the log books of the truck drivers to see if accurate records were maintained.
Another important piece of information is any fax messages that may have been sent out regarding the journey prior to the accident. This can include the route, destination, and any stops along the way along with any messages sent between the trucker and the company. An experienced personal injury lawyer can use this to prove that the truck driver was distracted, following unsafe procedures or taking unnecessary risks.
If a person injured in a collision with a truck is able to prove that the trucking company, driver, or any other defendants failed in their duty of care and caused the accident and the victim should be held responsible for any injuries that may have occurred due to. To prevail in a lawsuit, the plaintiff must prove that the defendant violated an act or regulation and this breach directly caused harm. It is easier to prove that a violation was negligent when it comes to traffic laws, however federal regulations require a much more complex analysis.
The process of negotiating a settlement
In many cases the truck accident victim can settle their claim without having to go to trial. The process of reaching settlement is to discuss the facts of your case with an insurance company and determining the amount you are entitled to under state law. A skilled attorney in truck accidents can evaluate your injuries and document the damage you've suffered due to the accident to determine much your case is worth. The attorney will then be able to use the results from other similar lawsuits involving truck accidents and how juries awarded victims in similar circumstances to determine an acceptable settlement amount.
Your lawyer may also be able to negotiate directly with the insurance company to ensure that the settlement you get adequately covers the damages which are documented. This includes money you lost because you missed work to seek treatment for your injury. The lawyer can assist you in submitting the necessary documentation for the losses you suffered, including old pay receipts. If your injuries prevent you from returning to the same job, you could be eligible for compensation.
Insurance companies usually begin the conversation with a low-ball offer. This technique is used to gauge the level of urgency you have to settle your claim and could have a negative effect on the value of your claim. A lawyer who is well-informed can avoid being lowballed by remaining calm, and never succumbing to pressure to accept the terms of a settlement that are not adequate.
After your lawyer has reached an amount that is fair, they will send the person who is at fault a written request for a settlement. The party must respond within 30 days or you'll lose the right to sue them in court. In some cases, the trucking company may refuse to negotiate. Your attorney will start a lawsuit on behalf of the party who was negligent.
It is impossible to provide an estimate of the worth of a truck accident settlement as each case is unique. For example, the severity of the injuries and the time you'll be off from work for medical treatment are some of the factors that vary. Settlements from truck accidents can amount to millions of dollars.