Truck Accident Litigation
Truck accident litigation covers many potential defendants. It could include the truck driver and their employer, as well as a producer that manufactured defective equipment or a contractor who loaded cargo improperly.
Many trucks are equipped with event data recorders, sometimes referred to as black boxes. These can assist investigators in determining how a crash occurred. An experienced personal injury lawyer will be able to match this 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. However, in the case of truck accidents there are numerous other things to think about. Trucks are typically carrying dangerous products and even a minor collision can cause serious or fatal injuries.
This is why the investigation process is more complex than that of a normal car accident. It takes more time and requires the help of experts from various fields. Fortunately, a lawyer who is qualified can connect you to the best people for this task.
Interviewing eyewitnesses is a crucial part of a thorough truck accident investigation. It also requires the assistance of experts who are able to reconstruct how the accident happened based on the evidence that is collected. This information is crucial to making a defendant accountable for the accident.
In addition, the attorney must request any details from the truck driver and the company that might be relevant to the case. This could include information about the safety policies of the trucking company, maintenance protocols, and training procedures. The background of the driver is also important. This could include any previous incidents, reprimands and drug/alcohol tests.
Another piece of evidence to look for is the information from the black box of the truck. These devices are similar to ones that are installed in airplanes, and they can provide a wealth of details about how the accident occurred. Attorneys must ask for this information as fast as possible, as it could fade over time because of the elements or the passing traffic.
A lawyer should also collect medical records of the victims. These documents will prove that the injuries sustained in the accident have caused lasting and substantial damage. It is crucial to save these documents, along with any doctor's notes or treatment plans that are available.
Expert Witnesses
Although the majority of truck accidents result in a settlement between the insurance company and the victim, some do not and need to be tried in court. Expert witnesses play an important role. They are professionals who have the experience and training to analyze the facts in your case, and provide their opinions to jurors. They can explain complicated medical, physical, mechanical and economic concepts that the majority of jurors have no or little understanding of.
Expert witnesses can range from a straightforward car mechanic to a metallurgist who will examine the failure of a truck part or a pathologist who will determine the cause of death. They could be required to examine and testify to specific elements of the case, such as the force or crash, the vehicle velocity, or the reconstruction of the accident.
Medical experts are also called upon to determine the extent and severity of your injuries. This is an area that can be heavily contested by the insurance company since they will try to claim that you have exaggerated your injuries or that they were pre-existing injuries and that the accident did not cause them any additional damage. In these situations your lawyer will bring in an independent medical expert to counter the testimony of the insurance company's doctor.
In the end an expert witness can be essential when it comes to showing that the truck driver involved in the accident was negligent in any way. They will use their knowledge to assist jurors in understanding the truck driver's failure to perform their duties as well as the financial implications caused by that failure, and how that failure affected you.
GPS Tracking
It is not uncommon that victims of truck accidents suffer serious injuries. They are entitled to financial aid to pay medical bills and lost wages, as well as suffering and associated costs. Manhattan truck accident lawyers from Cellino Law are prepared to seek justice for their clients and fight for the compensation they deserve.
One of the most useful pieces of technology in any case of accident is GPS tracking. These devices are utilized by the trucking industry and usually contain a variety important data that help determine the liability. A Qualcomm system, for instance, can provide important information including speed brake, engine performance and hours of service. This can be combined with other evidence such as eyewitness testimony to reconstruct the scene of the crash.
Other crucial pieces of information in a truck accident case may include records from the telematics software used by the trucking company and dash cameras. Telematics refers to the information gathered by an automobile's onboard computer, which is used for training of fleet drivers and also to record incidents. This may include crucial information such as speed, hard brakes, phone usage and more. This can be compared against the log books of the truck driver to determine if the correct records were kept.
Another important aspect is any fax communications records which may have been transmitted regarding the trip prior to the accident. This could include information on the route and the destination, any stops along the way, and even the details of any communications between the truck driver and the company. A seasoned personal injury lawyer can use this to show that the trucker was distracted, following 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 meet their duty of care and triggered the collision and caused the accident, they should be held accountable for any injuries that occur as a result. In order to win a case the plaintiff must show that the defendant acted in violation of the law or regulation and that the violation directly caused harm. It is much simpler to show that a violation of the traffic law was wrongful however, Federal regulations require a more complex analysis.
The process of negotiating a settlement
In many cases, a truck accident victim can settle their case without having to go to trial. In order to negotiate an agreement, you'll be required to discuss the circumstances of your crash with the insurance company. This is the amount you are entitled under the law of your state. A lawyer who is involved in a truck accident will evaluate your injuries and document the losses you have suffered that result from them to determine the worth of your case. The attorney can then use the results of similar truck accident lawsuits and the verdicts of juries in similar situations to establish a reasonable settlement amount.
Your lawyer can also work directly with the insurance company in order to ensure that the settlement you get will adequately cover the damage you've that are documented. rock hill truck wreck lawyer will include any money you've lost because you were unable to work to receive treatment for your injuries. Lawyers can assist you with submitting documentation to prove these losses, such as old pay statements. If your injuries prevent you from returning to the same job, you could be entitled to compensation.
Insurance companies typically begin the conversation with an offer that is low. This is a common tactic to gauge how desperate you are to settle and can affect the value of your case. A seasoned attorney can prevent being mistreated by remaining calm and never giving in to pressure to accept a low settlement.
After your lawyer has reached a reasonable settlement amount, they'll send a written settlement demand to the party at fault that must be addressed within 30 days or your right to sue the responsible party in court will be revoked. In some cases the trucking company could refuse to negotiate. Your attorney will start an action on behalf of the party who was negligent.
It is difficult to give an estimate of the value of a truck accident settlement as each case is unique. For instance, the severity of the injuries and the length of time you'll be away from work for medical treatment are two factors that vary. Settlements from truck accidents can amount to millions of dollars.