Truck Accident Litigation
There are many potential plaintiffs in litigation over truck accidents. They could include the driver of the truck and their employer, as and a business that produced defective equipment or a contractor who loaded cargo incorrectly.
Many trucks have event data recorders (also called black boxes) which can aid investigators in determining the cause of an accident occurred. Personal injury lawyers with years of experience will be able match the data in log books.
Investigation of the Scene
In the case of a car accident the first thing to do is collect evidence. In truck accidents, however, there are many more aspects to be considered. Trucks often transport dangerous items and even a minor incident can cause serious or fatal injuries.
This is why the investigation process is more complicated than the typical car accident. It is also longer and requires the assistance of experts in various areas. Fortunately, a qualified lawyer can connect you to the most qualified people for this job.
Eyewitness interviews are a vital part of a thorough truck accident investigation. It also requires the help of experts who are able to reconstruct the events that led to the accident based on the evidence that is collected. This information is crucial to the case of a defendant being held accountable for the accident.
In addition, the attorney must request any details from the truck driver and the company that might be relevant to the case. This could include information on the safety policies of the trucking company maintenance protocols, policies for maintenance, and training procedures. Additionally, the past of the truck driver is vital, such as any past incidents, reprimands, or test results for alcohol or drugs.
Another piece of evidence to be gathered 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. The information you need should be requested immediately by your lawyer, as it could disappear over time because of the elements or passing traffic.
A lawyer should also collect medical records of the victims. These documents will help prove that the injuries suffered during the crash resulted in significant and long-lasting damage. It is important to keep these documents, together with any doctor's notes and treatment schedules.
Expert Witnesses
While the majority of truck accidents result in an agreement between the insurance company and the person who was injured Some do not, and must be heard in the court. Expert witnesses are crucial in these cases. They are professionals with the knowledge, training and expertise to review information in your case and present their views to the jury. They can explain complicated medical concepts, mechanical concepts, and economic concepts to jurors with little or no understanding of them.
lynwood truck accident attorney could vary from a basic car mechanic to a metallurgist that can analyze the failure of a truck component or a pathologist to determine the cause of death. They might also be required to testify and examine specific aspects of your case like the force of the crash or the vehicle's speed, or accident reconstruction.
Another area in which experts are brought in is for medical experts to confirm the severity of your injuries. This is a subject that can be heavily contested by insurance companies as they may try to claim that you are exaggerating your injuries or that they were pre-existing injuries and that the accident didn't cause them any additional damage. In these instances your lawyer may bring in an independent expert to challenge the claims of the insurance's doctor.
A witness who is an expert in the field can be very helpful in proving that a truck driver was negligent. They will utilize their knowledge to help the jury comprehend the truck driver's inability to fulfill his or her responsibilities as well as the financial implications which resulted from this failure and how that lack of performance affected you.
GPS Tracking
When truck accidents occur, it is not uncommon for their victims to suffer serious injuries. They need financial assistance to pay medical bills and lost wages, as well as suffering and related expenses. Manhattan truck accident lawyers from Cellino Law are prepared to seek justice for their clients and fight for the compensation they deserved.
GPS tracking is among the most useful technologies for accident cases. These devices are used by the trucking industry, and often contain a wide array of data that help determine the the liability of the driver. A Qualcomm system, for instance can provide vital information including speed, braking, engine performance and hours of service. This can be combined with other evidence, such as eyewitness testimony to help reconstruct the scene of the crash.
Other valuable pieces of information in a truck accident investigation could be evidence from the trucking company's telematics program and dash cams. Telematics involves the collection of data collected by a vehicle’s onboard computer. This data is used to train fleet drivers and to record incidents. This information can include speed, harsh braking, and phone usage. This can be compared to the log books of the truck drivers to determine if they had accurate records were kept.
A fax recording of any communication concerning the trip before the accident is also vital. This information can include the route, destination, and any stops made during the trip, as well as any messages exchanged between the trucker and the company. This can be used by a knowledgeable personal injury lawyer to show that the trucker was distracted or following unsafe procedures.
When a truck accident victim can show that the trucking company, truck driver, or any other defendants failed in their duty of care and caused the accident they must be held responsible for any injuries suffered due to. In order to win a case the plaintiff must prove that the defendant acted in violation of the law or regulation and that the breach directly caused harm. It is easier to prove that a violation of a traffic law was negligent however Federal regulations require a more thorough analysis.
Negotiating a Settlement
In many cases, truck accident victims can settle their claims without having to go to court. The process of reaching settlement is to discuss the details of your situation with an insurance company and determining the amount you are entitled to under state law. A truck accident lawyer can evaluate your injuries and document the damages you suffered due to them, in order to determine the value of your case. Then, the attorney can draw on the results of similar cases involving truck accidents and how juries have awarded victims in comparable situations 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 receive adequately covers the damages documented. This will include the amount you've paid due to missing work to get treatment for your injuries. The lawyer can assist in submitting the necessary documentation for the losses you suffered, including old pay stubs. If your injuries stop you from returning to the same job, you could be entitled to compensation.
Insurance companies typically start the conversation by making an offer of low value. 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 deceived by remaining calm and not allowing pressure to accept any settlement that isn't adequate.
After your lawyer has negotiated an amount that is reasonable and fair, they'll send the person responsible for the fault an official demand for settlement. The party must respond within 30 days, or you will lose the right to take them to court. In some instances the trucking company could refuse to negotiate. Your attorney will initiate an action on behalf of the party who was negligent.
It isn't possible for us to provide an estimate for the amount a truck accident settlement is worth, as each case has unique factors, such as 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 range from millions of dollars.