Truck Accident Litigation
Truck accident litigation can involve a wide range of possible defendants. They could include the truck driver and their employer as well as a manufacturer who 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. An experienced personal injury lawyer will be able to connect the information with log books.
Investigation of the Scene
In the event of a car crash the first thing you need to do is collect physical evidence. When it comes to truck accidents there are many other things to think about. For example truck accidents often involve dangerous items, and even a relatively minor crash could result in serious or fatal injuries.
The investigation process is more complex than a typical car accident. It is also more time consuming, and it requires the assistance of experts from various fields. A lawyer with experience can help you find the right people to complete this task.
An exhaustive investigation into a truck accident involves interviewing eyewitnesses and going to the scene of the accident. It also requires the help of experts who can retrace the circumstances of the crash based on the evidence that is collected. This information is vital in the case of a defendant being held accountable for the incident.
A lawyer must also inquire of the trucking firm and the driver for any information that might be relevant to the case. This could include information regarding the safety policies of the trucking company maintenance protocols, policies for maintenance, and training procedures. The background of the driver is also crucial. This could include any previous incidents, reprimands and drug/alcohol tests results.
The information from the black box in the truck is another piece of evidence that needs to be collected. These devices, similar to those installed in planes, could provide an abundance of information regarding the accident. The information you require should be sought immediately by your attorney, as it could be lost due to the elements or other traffic.
In addition, the attorney should also gather medical records from the victims of the crash. These documents will assist in proving that the injuries sustained in the crash have caused significant and long-lasting damage. It is essential to keep these documents, as well as any doctor's notes or treatment plans that are available.
Expert Witnesses
Although the majority of accidents involving trucks result in a settlement between the insurance company and the injured party Some do not, and have to be tried in court. Expert witnesses are vital in these cases. They are professionals with the experience and training to analyze the facts in your case, and offer their opinion to jurors. They can explain complicated mechanics, medical concepts and economic concepts to jurors with little or no knowledge of them.
Expert witnesses could range from a simple car mechanic to a metallurgist who can examine the failure of a part of the truck or a pathologist who will determine the cause of death. They could be required to examine and testify on particular elements of the case, such as the force of the crash or the vehicle's velocity, or the accident reconstruction.
Another important area where experts are called in is for medical experts to verify the severity of your injuries. This is a subject which is often contested by insurance companies as they attempt to claim that you are exaggerating your injuries or that they were pre-existing and that the accident did not cause any further damage. In these cases your lawyer may bring an independent expert to challenge the testimony of the insurance doctor.
A witness who is an expert in the field can be helpful in proving a truck driver was negligent. They will make use of their expertise to assist the jury in understanding the reasons why the truck driver failed to do his or her job, what the failure led to and the financial implications of this negligence for you.
GPS Tracking
It is not uncommon to see victims of truck accidents sustain serious injuries. They deserve financial assistance for medical expenses and lost wages, as well as suffering and related costs. Manhattan truck accident lawyers from Cellino Law are prepared to seek justice for their clients and fight for the compensation they are due.
GPS tracking is one of the most effective methods used for accident cases. These devices are a standard of the trucking industry and often come with a variety of crucial information that can be used to determine the liability. A Qualcomm system, for example provides important information including speed, braking, engine performance and service hours. This information can be combined with other evidence like eyewitness testimony to help reconstruct the scene of the crash.
Other pieces of valuable information in a car accident investigation could be evidence from the telematics software used by the trucking company and dash cams. Telematics is the collection of information gathered by an automobile's onboard computer. It's used to coach fleet drivers and also to record incidents. The information could include speed, harsh braking and phone usage. This information can be compared with the log books of the truck drivers to determine whether accurate records were recorded.
A fax report of any communication about the trip before the accident is equally important. This could include information about the travel route and its destination, any stops during the journey, and even an account of any messages between the truck driver and the company. An experienced personal injury lawyer can use this to show that the trucker was distracted, followed unsafe procedures or taking unnecessary risks.
If a person injured in a collision with a truck can prove that the trucking company or driver or any other defendants, did not fulfill their duty of care and triggered the collision, then they should be held accountable for any injuries incurred due to the collision. To prevail, the plaintiff must show that the defendant acted in violation of a statute or regulation and that this violation directly caused harm. It is easy to prove that a violation was not negligent in the context of traffic laws, however federal regulations require a much more complex analysis.
The process of negotiating a settlement
In most cases, truck accident victims are able to settle their claims without going to court. In hemet truck accident attorney to negotiate a settlement, you will need to discuss the specifics of your crash with the insurance company. This includes the amount that you are entitled to under state law. An experienced truck accident attorney can assess your injuries and document the damage you have suffered due to the accident to determine your case is worth. Then, the attorney can analyze the results of similar truck accident cases and the way juries have awarded victims in comparable situations to determine the fair amount to settle.
Your lawyer can also negotiate directly with the insurance company in order to ensure that the settlement you receive is adequate to cover the losses acknowledged. This will include the amount you've paid because you were unable to work to get treatment for your injuries. Lawyers can assist you to provide evidence of the losses, including old pay receipts. If your injuries hinder you from returning to the same job, you may also be eligible for compensation.
Insurance companies usually begin the discussion with an offer that is low. This tactic is used to determine how desperate you are to settle your case and could have a negative impact on the value of your claim. A lawyer who is well-informed will avoid being slammed by remaining calm and never succumbing to pressure to accept a settlement that is inadequate.
After your lawyer has reached an amount that is reasonable and fair, they'll send the person at fault an email request for a settlement. The other party must respond within 30 days, otherwise you'll lose your right to bring a lawsuit against them in court. In some instances the trucking company might refuse to negotiate. Your lawyer will initiate an action on behalf of the negligent party.
It is not possible to give an estimate of the value of a truck crash settlement because each instance is unique. For example the severity of the injuries and the length of time you will be away from work for medical treatment are two factors that vary. However, it isn't common for settlements for truck accidents to be in the millions.