Truck Accident Litigation
There are many potential defendants in the litigation involving truck accidents. They could include the truck driver and their employer as well as a producer who produced defective equipment, or a contractor 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 an accident occurred. Professional personal injury attorneys be able to match this information with log books.
Investigation of the Scene
If a car accident happens the first step in an investigation is usually to gather physical evidence and take pictures. However, in the case of truck accidents there are numerous other aspects to be considered. Trucks often transport dangerous items and even a minor incident can result in fatal or serious injuries.
This is why the investigation process is more complicated than the typical car accident. It is also more time consuming and requires the help of experts in a variety of areas. Luckily, a reputable lawyer can connect you to the most qualified people for this task.
A thorough investigation into the cause of a truck crash involves interviewing eyewitnesses as well as visiting the scene of the accident. It also requires the help of experts who can reconstruct the circumstances of the crash based on the physical evidence that is collected. This information is crucial in finding a defendant accountable for the occurrence.
A lawyer must also inquire of the trucking company and the driver for any information that may be relevant to the case. This could include information on the safety guidelines of the trucking company as well as training procedures and maintenance procedures. The past history of the driver is crucial. This includes any previous incidents, reprimands, or drug/alcohol tests results.
Another source of evidence to collect is the data from the truck's black box. hampton truck accident lawyer are similar to the ones that are installed in airplanes, and they are able to provide a lot of information about the circumstances of the accident. This information should be requested whenever possible by your lawyer, as it could fade away over time because of the elements or the speed of traffic.
A lawyer should also gather medical records of the victims. These records will prove that the injuries sustained in the crash have caused significant and long-lasting damage. It is vital to preserve these documents, along with any medical notes or treatment plans that are available.
Expert Witnesses
Most truck accidents are settled between insurance company, the victim and the trucking company. However, there are some that do NOT and must be brought to court. Expert witnesses are essential in these cases. They are professionals with the knowledge, training and experience to assess information in your case and present their views 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 knowledge of.
Depending on the kind of expert witness needed, they can be as simple as a mechanic who will determine the reason your vehicle was damaged in the accident and metallurgists who conduct a failure analysis of the truck part that is in question, or pathologists who can determine the cause of death. They may be required to examine and testify on particular elements of your case, like the force of the crash or the vehicle's velocity, or the reconstruction of the accident.
Medical experts are also required to determine the extent and severity of your injuries. Insurance companies often challenge this issue, claiming you exaggerate your injuries or the fact that these were pre-existing injuries and that the incident didn't cause any further damage. In these instances your lawyer may bring in an independent expert to refute the insurance's doctor's testimonies.
A witness who is an expert in the field can be extremely useful in proving that a truck driver was negligent. They will use their knowledge to help the jury comprehend the truck driver's omission to perform his or her duties and the financial repercussions of that failure, and how that failure affected you.
GPS Tracking
It is not uncommon that victims of accidents involving trucks suffer serious injuries. They deserve financial support to pay medical expenses as well as lost wages, suffering and related expenses. Manhattan truck accident lawyers from Cellino Law are prepared to pursue justice for their clients and fight for the compensation they are due.
GPS tracking is among the most effective technologies used in the event of an accident. These devices are utilized by the trucking industry, and often contain a range of important information which can assist in determining the liability of the driver. A Qualcomm system can provide important information such as speed of braking engine performance, service hours. This information can be combined with other evidence, including eyewitness testimony, to reconstruct the scene of a crash.
Dash cams and telematics records could be helpful during a truck collision. Telematics is a set of information gathered by an automobile's onboard computer that is used for training of fleet drivers as well as to record incidents. The data can include speed, harsh braking, and phone usage. This information can be compared with the truck driver's log books to determine if accurate records were maintained.
Another important piece of information is any fax records which may have been sent regarding the trip prior to the accident. This information can include the route, destination, and any stops made along the way, as well as any messages exchanged between the trucker and the company. This information can be used by a skilled personal injury lawyer to show that the trucker was distracted or following unsafe procedures.
When a victim of a car accident can prove that the trucking company, truck driver or other defendants failed to adhere to their duty of care and caused the collision and the victim should be held responsible for any injuries incurred as a result. To win a case, the plaintiff must show 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 breach of an traffic law was negligent however Federal regulations require a more detailed analysis.
The process of negotiating a settlement
In many instances, truck accident victims are able to settle their claims without having to go to court. The process of negotiating an agreement involves discussing the facts of your case with an insurance provider and determining the amount you are entitled to under state law. A skilled attorney in truck accidents can evaluate your injuries and document the damages you have suffered due to the accident to determine your case is worth. The attorney will analyze the results of similar cases of truck accidents and how juries have awarded victims in similar circumstances to decide on a fair settlement amount.
Your lawyer can also negotiate with the insurance company to ensure that the settlement you receive will cover your documented losses. This includes any money you have lost as a result of missing work to get treatment for your injuries. Lawyers can assist you to document these losses, including former pay stubs. If you are unable return to the same kind of job because of your injuries, you may be eligible for compensation for the loss of earning potential in the future as well.
Insurance companies often begin the discussion with a low-ball offer. This tactic is used to determine how desperate you are to settle your case. It can have a negative impact on the value of your claim. 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 agreed to an amount that is reasonable and fair, they will send the person at fault an email request for settlement. The other party must respond within 30 days or you'll lose your right to take them to court. In some cases, a trucking company will not negotiate and your attorney will start a lawsuit against the negligent party.
It is difficult to give an estimate of the value of a truck accident settlement because every instance is unique. For instance the severity of the injuries and the time you'll be off from work to receive medical treatment are some of the factors that vary. However, it is not unusual for settlements in truck accidents to be worth millions of dollars.