Truck Accident Litigation
Truck accident litigation covers numerous potential defendants. It could include the truck driver and their employer as well as a company that manufactured defective equipment or a company that loaded cargo improperly.
Many trucks are equipped with event data recorders (also known as black boxes) that can assist investigators in determining how the crash took place. 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 thing to do is gather evidence. When it comes to truck accidents there are a variety of aspects to be considered. Trucks are often carrying dangerous goods and even a minor incident can cause serious or fatal injuries.
Due to this, the investigation process is more complex than a typical car accident. It is also longer, and it requires the help of experts in different areas. Luckily, a reputable lawyer can help you connect with the most qualified people to do this job.
The process of interviewing eyewitnesses is a vital component of a thorough accident investigation. It also requires the assistance of experts who can determine how the accident happened based on the evidence gathered. This is essential in making a defendant accountable for the accident.
A lawyer must also inquire of the trucking company and the driver for any information they believe to be relevant to the case. This could include information about the safety guidelines of the trucking company or training procedures, as well as maintenance procedures. The past of the driver is crucial. This includes any prior incidents, reprimands, or drug/alcohol tests.
Another evidence source to be gathered is the data from the truck's black-box. These devices are similar to the ones that are installed on airplanes and can provide a lot of details about how the accident happened. Your attorney should ask for this information as fast as you can, since it may disappear over time due to weather conditions or passing traffic.
Additionally, an attorney should also gather medical records from the victims of the crash. These documents will prove that the injuries sustained during the accident have caused lasting and extensive damage. It is essential to keep these documents, together with any doctor's notes and treatment schedules.
Expert Witnesses
While the majority of truck accidents end up in an agreement between the insurance company and the injured party, some do not and must be heard in court. This is where expert witnesses play an important role. They are professionals who have the education and experience to evaluate the evidence in your case, and give their opinion to the jurors. They can explain complicated mechanical concepts, medical 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 who will evaluate the failure of a truck part or a pathologist to determine what caused the death. They could also be required to look into and testify on particular aspects of your case such as the force of the crash as well as the velocity of the vehicle or accident reconstruction.
Medical experts are also required to evaluate the extent and severity of your injuries. Insurance companies often challenge this claim, claiming that you exaggerate your injuries, or that they have pre-existing conditions and that the incident didn't cause any additional harm. In these cases, your attorney will call an independent medical expert to counter the doctor's testimony for insurance companies.
A witness who is an expert in the field can be extremely helpful in proving that a trucker was negligent. They will use their expertise to help the jury understand the reasons why the truck driver was not doing his or her job, what this failure has caused and the financial consequences of that negligence for you.
GPS Tracking
It is not uncommon for victims of truck accidents suffer severe injuries. They need financial assistance to cover medical expenses loss of wages, pain and suffering and other related costs. Cellino Law, a Manhattan truck accident lawyer firm is prepared to fight for justice and compensation for their clients.
One of the most useful technological tools in any accident case is GPS tracking. These devices are a common feature of the trucking industry and frequently come with a variety of crucial information that can be used to determine liability. A Qualcomm system, for instance provides important data on speed, braking, engine performance and hours of service. This information can be paired with other evidence, such as eyewitness testimony, to reconstruct the scene of a crash.
Dash cams and telematics data could be helpful in the event of a truck crash. Telematics is a set of data gathered by a vehicle's onboard computer that is utilized for coaching fleet drivers as well as to record incidents. This information can include speed, harsh braking and phone usage. This information can be compared with the log books of the truck driver to determine whether accurate data was recorded.
A fax record of any communication about the trip prior to the accident is also vital. This can include the route, destination, and any stops during the trip and any messages exchanged between the trucker and the company. This information can be used by an experienced personal injury lawyer to prove that the trucker was distracted or following unsafe procedures.
If a truck accident victim can prove that the trucking company or driver or any other defendants, did not uphold their duty of diligence and caused the accident, then they should be held accountable for any injuries that occur due to the collision. To prevail, roswell truck accident lawyer must prove that the defendant violated any law or regulation, and this breach directly caused harm. It is much easier to prove that a violation was not negligent when it comes to traffic laws, but federal regulations require a more complex analysis.
Negotiating a Settlement
In many instances, truck accident victims can settle their claims without having to go to court. The process of negotiating settlement is to discuss 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 evaluate your injuries, and document your losses due to them, in order to determine the value of your case. The attorney will take the findings of similar cases involving truck accidents and how juries have awarded victims in similar circumstances to determine the fair amount to settle.
Your lawyer may also work with the insurance company to make sure that the settlement you receive will cover your documented losses. This includes any money that you lost because you missed work to seek treatment for your injury. The lawyer can assist with submitting documentation to prove the losses you suffered, including old pay statements. If your injuries stop you from returning to the same job, you may also be eligible for compensation.
Insurance companies will often start the discussion with a low-ball offer. This is a standard tactic to test how desperate you are to settle and could affect the value of your case. A knowledgeable attorney can avoid being mistreated by remaining at peace and not giving in to pressure to accept a poor settlement.
After your lawyer has reached a reasonable settlement amount, they'll make a written demand for settlement to the responsible party, which must be answered within 30 days or your right to take action against the responsible party in court will be forfeited. In some instances the trucking company may refuse to negotiate. Your attorney will initiate an action on behalf of the party who was negligent.
It is impossible to give an estimate of the value of a settlement since each case is different. For instance the severity of injuries and how long you will be away from work for medical treatment are some of the factors that differ. Settlements from truck accidents can amount to millions of dollars.