Truck Accident Litigation
There are a lot of potential defendants in the litigation involving truck accidents. They could include the truck driver and their employer as well as a producer that made defective equipment or a company that loaded cargo in a way that was not properly.
Many trucks have event data recorders, often referred to as black boxes, which can help investigators determine how a crash occurred. Professional personal injury attorneys be able to connect the data with log books.
Investigation of the Scene
In the event of a car crash the first thing to do is collect evidence. However, in the case of truck accidents, there are many more things to think about. Trucks are often carrying dangerous goods and even a minor accident could cause serious or fatal injuries.
This is why the investigation process is more complicated than that of a standard car accident. It takes longer and requires the assistance of experts from various fields. Fortunately, a qualified lawyer can help you connect with the most qualified people for this task.
Interviewing eyewitnesses is an essential element of a thorough truck accident investigation. It also requires the assistance of experts who can retrace the events that led to the accident based on the evidence that is collected. This information is crucial in making a defendant accountable for the incident.
Furthermore, an attorney should request any information from the trucking driver and company that may be relevant to the case. This could include information about the safety policies of the trucking company maintenance protocols, as well as training procedures. Additionally, the past of the truck driver is vital like any prior incidents, reprimands or results of a drug/alcohol test.
Another piece of evidence to gather is the data from the truck's black-box. These devices, similar to those installed in planes, can provide a lot of information about the accident. Your lawyer should seek this information as quickly as you can, since it could fade over time due to the elements or the passing traffic.
The attorney should also collect medical records from the victims of the crash. These documents will prove that the injuries sustained during the accident have caused lasting and substantial damage. It is essential to keep these documents together with any notes from a doctor and treatment schedules.
Expert Witnesses
While most accidents involving trucks result in an agreement between the insurance company and the injured party Some do not, and must be tried in the court. Expert witnesses play an important role. They are professionals with the knowledge, training and experience to assess the evidence in your case and then present their findings to the jury. They can explain complex mechanics, medical concepts and economic concepts to jurors with little or no understanding of them.
Depending on the type of expert witness required they could be as basic as a car mechanic who can determine why your vehicle was damaged in the crash or metallurgists who conduct a failure assessment on the truck part that is in question or pathologists who determine the causes of death. They could also be required to examine and testify about particular aspects of your case, like the force of the crash, vehicle velocity, or even the reconstruction of the accident.
Another crucial area where experts are brought in is to help medical experts determine the severity of your injuries. Insurance companies frequently contest this claim, claiming that you exaggerate the severity of your injuries or that they were pre-existing issues and that the accident did not cause any further damage. In these instances your attorney can call in an independent expert to challenge the evidence of the doctor who is a part of the insurance.
A witness who is an expert in the field can be very beneficial in proving that the trucker was negligent. They will use their expertise to help the jury comprehend how the truck driver did not perform his or her job, the consequences the failure led to, and the resulting financial implications of this negligence for you.
GPS Tracking
It is not unusual for victims of truck accidents suffer serious injuries. surprise truck accident lawsuit deserve financial support for medical expenses 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 to get the compensation they deserve.
GPS tracking is one of the most efficient technologies in accident cases. These devices are utilized by the trucking industry, and often contain a wide array of data that help determine the the liability of the driver. A Qualcomm system provide, for instance, crucial information like speed as well as braking performance, engine performance, and service hours. This information can be used in conjunction with other evidence, like eyewitness testimony to reconstruct the scene of the crash.
Other pieces of valuable information in a truck crash case may include records from the trucking company's telematics system and dash cameras. Telematics is the gathering of information gathered by a vehicle's onboard computer. This data is used to train fleet drivers and record incidents. This could include vital information like speed, harsh brakes, usage of phones and more. This information can be compared to the truck driver's log books to determine if accurate records were recorded.
Another important piece of evidence is any fax communication records that may have been sent regarding the journey prior to the accident. This information can include the route, destination, and any stops during the journey along with any messages exchanged between the trucker and the company. This information can be used by a knowledgeable personal injury lawyer to show that the trucker was distracted or not following safe procedures.
If a victim of a truck accident is able to demonstrate that the trucking company, truck driver or other defendants failed in their duty of care and caused the accident, they should be held responsible for any injuries incurred as a result. To prevail, the plaintiff must prove that the defendant acted in violation of a statute or regulation and this breach directly caused harm. It is much easier to prove that a violation of traffic laws was negligent however Federal regulations require a more thorough analysis.
Negotiating a Settlement
In many instances, a truck accident victim can settle their case without going to trial. The process of negotiating a settlement involves discussing the facts of your case with an insurance company including the amount you are legally entitled to under state law. An experienced attorney for truck accidents can assess your injuries and document the damages you've suffered due to the crash to determine how your case is worth. The attorney can then use the results from other similar lawsuits for truck accidents and the verdicts of juries in similar situations to establish a reasonable settlement amount.
Your lawyer may also be able to negotiate directly with the insurance company to ensure that the settlement you receive is sufficient to cover the damages you have documented. This includes the money you have lost due to missing work to seek treatment for your injury. The lawyer can assist you provide evidence of the losses, including old pay stubs. If your injuries stop you from returning to your previous job, you may also be eligible for compensation.
Insurance companies typically begin the discussion by making a low offer. This is a typical tactic to test how desperate you are to settle and could impact the value of your case. An experienced attorney can avoid being snubbed by a judge by remaining at peace and not giving in to the pressure to accept a shoddy settlement.
Once your lawyer has reached a reasonable settlement amount, they'll send a written demand for settlement to the at-fault party and they must respond within 30 days or your rights to sue the responsible party in court will be revoked. In certain cases the trucking company may not negotiate and your lawyer will start a lawsuit against the negligent party.
It is difficult to give an estimate of the worth of a truck accident settlement as each case is different. For instance the severity of injuries and how long you will be away from work for medical treatment are two factors which can be different. Settlements from truck accidents can amount to millions of dollars.