Truck Accident Litigation
There are many potential defendants in truck accident litigation. They may include the truck driver and their employer as well as a company that produced defective equipment or a company that loaded cargo in a way that was not properly.
Many trucks contain event data recorders, also referred to as black boxes, that will help investigators determine the reason a crash occurred. Personal injury lawyers who have experience can match the data in log books.
Investigation of the Scene
When a car accident occurs the first step in an investigation is to collect evidence from the scene and take photos. The causes of truck accidents differ. There are a variety of aspects to consider. Trucks are often carrying dangerous goods and even a minor collision can cause serious or fatal injuries.
The process of investigation is more complex than a typical car accident. It is also longer and requires the help of experts in various areas. A lawyer who is qualified can help you locate the right people to do this job.
Eyewitness interviews are a vital element of a thorough truck accident investigation. It also requires the help of experts who are able to reconstruct what happened on the evidence that is collected. This information is crucial in holding a defendant responsible for the accident.
In addition, the attorney should seek out any details from the truck company and driver that could be relevant to the case. This could include details regarding the safety policies of the trucking company, training procedures, and maintenance procedures. Also, the background of the truck driver is vital including any previous incidents, reprimands or test results for alcohol or drugs.
Another evidence source to collect is the data from the truck's black box. These devices are similar to the ones found in airplanes, and can provide a great deal of information on how the accident occurred. The information you need should be requested as soon as possible by your lawyer, as it could be lost due to the elements or the speed of traffic.
In addition, the attorney should also obtain medical records from the victims of the crash. These records will aid in proving that the injuries suffered during the crash caused substantial and lasting damage. It is essential to keep these documents, as well as any doctor's notes or treatment schedules that are accessible.
Expert Witnesses
While the majority of accidents involving trucks result in an agreement between the insurance company and the victim, some do not and must be heard in the court. Expert witnesses are vital in these cases. They are professionals who have the experience, knowledge and expertise to analyze the facts in your case and provide their opinions to the jury. They can explain complex mechanical concepts, medical concepts and economic concepts to jurors with only a basic understanding of them.
Expert witnesses can vary from a basic car mechanic to a metallurgist who will analyze the failure of a truck component or a pathologist who can determine what caused the death. They may also be needed to examine and testify about specific elements of your case such as the force of the collision and the speed of the vehicle, or accident reconstruction.
Another crucial area where experts are brought in is to help medical experts confirm the severity of your injuries. This is a subject which is often contested by the insurance company since they try to argue that you have exaggerated your injuries or that they were pre-existing injuries and that the accident didn't cause any further damage. In mesquite truck accident lawsuit will bring in an independent medical expert to counter the claims of the insurance company's doctor.
In the end an expert witness can be crucial when it comes to showing that the truck driver involved in the accident was negligent in any way. They will make use of their expertise to assist the jury in understanding how the truck driver was not doing his or her job, what this failure has caused, and the resulting financial consequences that resulted from the negligence for you.
GPS Tracking
It is not unusual for victims of truck accidents sustain serious injuries. They must be compensated for medical bills, lost wages and suffering and pain, as well as other costs. Manhattan truck accident lawyers from Cellino Law are prepared to fight for justice on behalf of their clients and fight to get the compensation they deserve.
GPS tracking is one of the most effective technologies used for accident cases. These devices are employed by the trucking industry, and usually contain a wide array of data that can help determine liability. A Qualcomm system provide important information such as speed, braking performance as well as engine performance and service hours. This information can be combined with other evidence, like eyewitness testimonies, to reconstruct the scene of the crash.
Other important pieces of information in a truck accident case could be records from the trucking company's telematics software and dash cams. Telematics is the collection of data gathered by the vehicle's onboard computer that is used for training of fleet drivers as well as to record incidents. This data could include speed, harsh braking and phone usage. This information can be compared with the log books of the truck driver to determine whether accurate records were maintained.
Another important aspect is any fax messages that were sent about the trip prior to the incident. This can include the route, destination, and any stops during the trip and any messages sent between the trucker and the company. A skilled personal injury lawyer can use this to prove that the trucker was distracted, followed unsafe procedures, or taking risks that were not necessary.
When a truck accident victim can show that the trucking company, driver or any other defendants failed to uphold their duty of care and caused the collision and resulting injury, they should be held responsible for any injuries suffered as a result. Plaintiffs must show that the defendants broke a law or regulation, and that the violation caused harm. It is easier to prove that a violation of the traffic law was wrongful however Federal regulations require a more complex analysis.
The process of negotiating a settlement
In many instances, truck crash victims can settle their claims without going to court. The process of reaching an agreement involves discussing the facts of your case with an insurance company and determining the amount you are entitled to under the law of your state. An experienced lawyer for truck accidents can evaluate your injuries and document the damages you've suffered due to the accident to determine your case is worth. The attorney will then be able to use the results of similar truck accident lawsuits and the way juries awarded victims in similar situations to calculate an acceptable settlement amount.
Your lawyer can also negotiate with the insurance company to ensure that the settlement you receive covers the documented damages. This includes any money that you've lost due to your inability to work to seek treatment for your injury. The lawyer can help you with the documentation required for these losses, such as old pay receipts. If your injuries hinder you from returning to the same job, you may also be eligible for compensation.
Insurance companies typically begin the discussion with a low-ball offer. This is a standard tactic to determine how desperate are to negotiate a settlement and could affect the value of your case. An experienced attorney can avoid being low-balled by remaining neutral and refusing to give in to pressure to accept an inadequate settlement.
After your lawyer has reached an acceptable settlement amount, they'll send a settlement demand in writing to the responsible party and they must respond within 30 days, or your right to pursue the responsible party in court will be revoked. In certain cases the trucking company might refuse to negotiate. Your attorney will then initiate a lawsuit on behalf of the party who was negligent.
It is impossible to provide an estimate of the value of a truck accident settlement as each instance is unique. For example the severity of the injuries and the length of time you will be away from work for medical treatment are two factors that can vary. However, it is not common for settlements for truck accidents to exceed millions of dollars.