Truck Accident Litigation
There are a myriad of potential defendants in truck accident litigation. They may include the truck driver and their employer, and a manufacturer that produced defective equipment or a contractor who loaded cargo in a way that was not properly.
Many trucks are equipped with event data recorders (also known as black boxes) which can aid investigators in determining why a crash happened. Personal injury lawyers with experience will be able to verify the data contained in log books.
Investigation of the Scene
When a car wreck occurs the first step in an investigation is to gather evidence in physical form and take pictures. Truck accidents are different. There are many other factors to take into consideration. For example, trucks are often transporting dangerous products, and even a relatively minor accident can cause fatal or serious injuries.
Due to this, the investigation process is more complex than that of a normal car accident. It is also longer, and it requires the help of experts in various areas. Luckily, a lawyer with experience can connect you to the most qualified people for this task.
Interviewing eyewitnesses is an essential element of a thorough truck accident investigation. Experts are also needed to reconstruct the crash from the physical evidence. This information is crucial in the case of a defendant being held accountable for the incident.
A lawyer must also inquire of the trucking company and the driver for any information that may be relevant to a case. This could include information about the safety guidelines of the trucking company maintenance protocols, policies for maintenance, and training procedures. Also, the history of the driver of the truck is important, 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 are similar to ones that are installed in planes, and they can provide a wealth of details about what caused the accident. Your attorney should get this information as soon as you can, since it could be lost due to weather or traffic.
The attorney should also gather medical records from the victims of the crash. These records will show that the injuries sustained in the accident have triggered long-lasting and substantial damage. It is vital to keep these documents along with any doctor's notes and treatment schedules.
Expert Witnesses
Most truck accidents are settled between the insurance company, the person who was injured and the trucking company. However, some do not and need to be brought to court. Expert witnesses play a vital role. They are experts who have the knowledge, training and experience to assess information in your case and then present their findings to the jury. They can explain complex medical concepts, mechanical concepts, and economic concepts to jurors with only a basic understanding of them.
Expert witnesses could range from a straightforward car mechanic to a metallurgist able to examine the failure of a truck component or a pathologist who will determine what caused the death. They may be required to examine and testify on particular aspects of your case, like the force of the collision or the vehicle's velocity, or the reconstruction of the accident.
Medical experts are also required to verify the extent and severity of your injuries. This is an area which is often contested by the insurance company since they try to argue that you are exaggerating your injuries or that they were pre-existing injuries and that the accident did not cause any additional harm. In these instances your lawyer will call an independent medical expert to challenge the testimony of the insurance company's doctor.
Lastly, an expert witness can be crucial to proving that the trucker who was involved in the accident was negligent in some way. Expert witnesses will utilize their knowledge to assist the jury in understanding the reasons why the truck driver was unable to perform his or her job, what this failure has caused and the financial implications of this negligence for you.
GPS Tracking
It is not uncommon for victims of truck accidents suffer serious injuries. They deserve financial assistance to pay medical bills, 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 among the most useful technologies in the event of an accident. These devices are a standard of the trucking industry and frequently include a range of crucial information that can be used to determine the liability. A Qualcomm system can, for instance, provide important information like speed and braking performance, engine performance, and service hours. This can be combined with other evidence such as eyewitness testimony to reconstruct the scene of the crash.
Other valuable pieces of information in a truck accident case may include records from the trucking company's telematics program and dash cameras. Telematics is the gathering of data that is gathered by a vehicle's onboard computer. The data is used to coach fleet drivers and record incidents. This can include important details like speed, rough braking, phone usage and more. This can be compared against the truck driver's log books to see whether accurate records were maintained.
Another important piece of information is any fax records that might have been transmitted regarding the trip prior to the incident. This could include the route, destination, and any stops made on the way along with any messages exchanged between the trucker and the company. A seasoned personal injury lawyer can use this to show that the trucker was distracted, followed unsafe procedures or taking unnecessary risks.
If a victim of a truck crash can prove that the trucking company, driver, or any other defendants, did not fulfill their duty of care, and caused the collision and resulted in the collision, then they should be accountable for any injuries incurred due to the collision. Plaintiffs must prove that the defendants broke a law or regulation, and that the violation caused harm. It is much simpler to prove that a breach of a traffic law was negligent however Federal regulations require a more complex analysis.
The process of negotiating a settlement
In many cases, truck accident victims can settle their claims without having to go to court. In order to reach a settlement, you will be required to discuss the circumstances of your crash with the insurance company. This includes the amount to which you are entitled to under the law of your state. A lawyer who is involved in a truck accident will evaluate your injuries and document the damages you suffered as a result to determine the value of your case. The lawyer can then utilize the results of other similar lawsuits related to truck accidents as well as the amount of compensation juries awarded victims in similar situations to calculate a reasonable settlement amount.
Your lawyer may also work with the insurance company to ensure that the settlement you receive adequately covers the damages you have documented. This includes any money you've lost because you were unable to work to receive treatment for your injuries. Lawyers can assist you to submit documentation for these losses, such as old pay stubs. If your injuries prevent you from returning to the same job, you may also be eligible for compensation.
Insurance companies usually begin the discussion by making a low offer. This is a standard tactic to determine how desperate are to settle and can affect the value of your case. A lawyer who is experienced is able to avoid being mistreated by remaining calm and not allowing pressure to accept an offer that is not satisfactory.
After your lawyer has negotiated an amount that is reasonable then they will mail the person who is at fault a written request for settlement. centennial truck accident lawsuit must respond within 30 days, or you'll lose your right to bring a lawsuit against them in court. In certain cases a trucking company will refuse to negotiate and your lawyer will pursue a lawsuit against a negligent party.
It isn't possible for us to provide a general figure for the amount the settlement from a truck accident is worth, as each case is unique including the severity of your injuries as well as the length of time that you'll be away from work for medical treatments. It is however not uncommon for truck accident settlements to reach millions of dollars.