Truck Accident Litigation
Truck accident litigation involves a wide range of potential defendants. It could include the truck driver and their employer, as well as a company that manufactured defective equipment or a contractor who loaded cargo in a way that was not properly.
Many trucks have event data recorders (also called black boxes) that can assist investigators in determining how the crash occurred. Personal injury lawyers who are experienced know how to link this information to log books.
Investigation of the Scene
In the event of a car crash the first step of an investigation is to collect evidence from the scene and then take photographs. However, in the case of truck accidents there are a variety of aspects to be considered. For example trucks often transport dangerous products and even a minor crash can cause fatal or serious injuries.
The investigation process is more complex than a typical car accident. It takes more time and requires the assistance of experts from different fields. Fortunately, a qualified lawyer can connect you with the best people for this task.
Interviewing eyewitnesses is an essential component of a thorough accident investigation. It also requires the assistance of experts who are able to reconstruct the circumstances of the crash based on the physical evidence that is collected. This information is essential to making a defendant accountable for the accident.
A lawyer should also inquire with the trucking company and driver for any information they believe to be relevant to a case. This could include information regarding the safety policies of the trucking company maintenance protocols, policies for maintenance, and training procedures. The history of the driver is important. This includes any past incidents, reprimands, or drug/alcohol tests results.
The information contained in the black box in the truck is an additional piece of evidence that needs to be gathered. These devices, similar to those used in planes, may provide many details about the incident. The information you need should be requested immediately by your attorney, since it could disappear over time because of the elements or passing traffic.
A lawyer should also collect medical records of the victims. These records will prove that the injuries sustained in the crash have resulted in significant and long-lasting damage. It is essential to keep these documents, as well as any doctor's notes or treatment schedules that are readily available.
Expert Witnesses
Most truck accidents are settled between insurance company, the person who was injured and the trucking company. However, there are some that are not and must be brought to court. Expert witnesses play a crucial role. They are experts who have the experience, knowledge and expertise to analyze the evidence in your case, and then present their findings to the jury. They can explain complicated mechanical, physical, medical, and economic concepts that the majority of jurors are not aware of or have no understanding of.
Expert witnesses can be anything from a simple car mechanic to a metallurgist who can determine the failure of a truck component or a pathologist that can determine what caused the death. They could also be required to examine and testify about specific elements of your case like the force of the crash as well as the velocity of the vehicle or the reconstruction of an accident.
Another important area where experts are called in is for medical experts to verify the severity of your injuries. Insurance companies typically contest this area, claiming that you exaggerate your injuries, or that these were pre-existing conditions and that the accident didn't cause any additional harm. In these instances your lawyer will bring an independent medical expert to contest the claims of the insurance company's doctor.
A witness who is an expert in the field can be useful in proving that a truck driver was negligent. They will use their expertise to help the jury comprehend the reasons why the truck driver was unable to perform his or her job, the consequences the failure led to and the financial repercussions of the inattention for 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, lost wages, suffering and associated costs. Cellino Law, a Manhattan truck accident lawyer firm is ready to fight for justice and compensation for their clients.
GPS tracking is one of the most effective methods used in cases of accident. These devices are utilized by the trucking industry and usually contain a variety important data that can help determine who is responsible. A Qualcomm system, for example can provide crucial information including speed as well as braking performance engines performance and service hours. This information can be used in conjunction with other evidence such as eyewitness testimony to help reconstruct the scene of the crash.
Dash cams and telematics reports can also be useful in a truck accident. Telematics refers to the information gathered by an automobile's onboard computer. It's used for fleet driver coaching and also to record incidents. This information can include speed, harsh braking and phone usage. This can be compared against the truck driver's log books to see whether accurate records were kept.
A fax report of any communication concerning the trip before the accident is equally important. syracuse truck accident lawyer could include information about the route, destination, and any stops made along the way as well as any messages exchanged between the trucker and the company. This can be used by a seasoned personal injury lawyer to prove that the trucker was distracted or ignoring safety procedures.
If a victim of a truck accident is able to prove that the trucking company, truck driver or other defendants failed in their duty of care and caused the collision, they should be held responsible for any injuries sustained as a result. To win a case, the plaintiff must prove that the defendant acted in violation of an act or regulation and that this violation directly caused harm. It is simpler to prove that a violation was negligent in the context of traffic laws, but federal regulations require a more intricate analysis.
Negotiating a Settlement
In many instances, truck accident victims are able to settle their claims without going to court. The process of reaching an agreement involves discussing the details of your case with an insurance provider including the amount you are entitled to under the law of your state. A lawyer who handles truck accidents can assess your injuries and document your losses in order to determine the worth of your case. The attorney will then be able to use the results from other similar lawsuits related to truck accidents as well as the amount of compensation juries awarded victims in similar situations to establish the amount of a fair settlement.
Your lawyer can also work directly with the insurance company to ensure that the settlement you receive will adequately cover the damage you've that are documented. This includes the money you have lost due to missing work to seek treatment for your injury. Lawyers can assist in submitting the necessary documentation for these losses including old pay statements. If you're unable to return to the same kind of job due to the injuries you sustained, you could be entitled to compensation for loss of earning potential in the future as well.
Insurance companies typically start the discussion by making an offer that is low. This technique is used to gauge how desperate you are to settle your claim and could have a negative impact on the value of your claim. A seasoned attorney can prevent being low-balled by remaining calm and never giving in to pressure to accept a low settlement.
After your lawyer has reached an amount that is reasonable and fair, they will send the at-fault person an official demand for a settlement. The party must respond within 30 days, otherwise you'll lose the right to sue them in court. In certain cases trucking companies will refuse to negotiate, and your attorney will start a lawsuit against the negligent party.
It is not possible to give a general estimate for the amount the settlement from a truck accident is worth, as each case is unique and has its own factors like the severity of your injuries and the length of time you will miss working to undergo medical treatments. However, it isn't common for settlements for truck accidents to be worth millions of dollars.