Truck Accident Litigation
There are a myriad of potential plaintiffs in litigation over truck accidents. They could include the driver of the truck as well as their employer, as in addition to a company which manufactured defective equipment, or an individual contractor who improperly loaded cargo.
Many trucks have event data recorders, sometimes referred to as black boxes. They will help investigators determine the reason the crash happened. Professional personal injury attorneys know how to link the information with log books.
Investigation of the Scene
When a car accident occurs the first step in an investigation is to collect evidence from the scene and take photographs. In the case of truck accidents, however there are a variety of aspects to be considered. Trucks often transport dangerous products and even a minor collision can cause serious or fatal injuries.
The investigation process is therefore more complex than the typical car accident. It is also longer and requires the assistance of experts from various fields. A qualified lawyer can help you find the right experts to perform this task.
A thorough investigation into the cause of a truck crash involves interviewing eyewitnesses and going to the site of the crash. Experts are also required to reconstruct the crash using the physical evidence. This information is crucial in finding a defendant accountable for the accident.
Additionally, an attorney must request any details from the truck driver and the company that could be relevant to the case. This could include information about the trucking company’s safety policies, maintenance protocols, and training procedures. The past history of the driver is also crucial. This includes any past incidents, reprimands, or drug/alcohol tests results.
The information contained in the black box of the truck is an additional element of evidence that should be collected. These devices, which are similar to those installed in planes, can provide lots of details regarding the accident. The information you need should be requested as soon as possible by your lawyer, as it may disappear in time due to the elements or traffic.
In addition, the attorney should also obtain medical records from the victims of the crash. These records will aid in proving that the injuries suffered in the crash have caused significant and long-lasting damage. It is vital to preserve these documents, along with any doctor's notes or treatment schedules that are accessible.
Expert Witnesses
Most truck accidents are settled between the insurance company, the injured party and the trucking company. However, there are some that don't and have to be taken to the court. Expert witnesses are crucial in these cases. They are experts with the education and experience to analyze the facts in your case, and provide their opinion to jurors. They can explain complex medical concepts, mechanical theories, and economic concepts to jurors who have very little or no knowledge of them.
Expert witnesses could be anything from a simple car mechanic to a metallurgist who can examine the failure of a truck part or a pathologist to determine the cause of death. They could be required to examine and testify on specific aspects of your case, for instance the force of the collision, the vehicle velocity, or the accident reconstruction.
Another important area where expert witnesses are called in is for medical experts to verify the severity of your injuries. Insurance companies typically contest the claim that you exaggerate your injuries, or the fact that these were pre-existing injuries and that the accident did not cause any additional damage. In these instances, your attorney will call an independent medical expert to challenge the doctor's testimony for insurance companies.
A witness who is an expert in the field can be very beneficial in proving that the truck driver was negligent. They will make use of their expertise 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 the failure affected the person who was affected.
GPS Tracking
It is not uncommon to see victims of truck accidents suffer serious injuries. They are entitled to compensation for medical expenses, lost wages, suffering and pain, in addition to other costs. Manhattan truck accident lawyers from Cellino Law are prepared to fight for justice on behalf of their clients and fight to get the compensation they deserve.
One of the most beneficial technologies in any case of accident is GPS tracking. These devices are an integral part of the trucking industry, and typically contain a range of important data that can be used to determine the extent of liability. A Qualcomm system, for example can provide crucial information on speed brake engines performance and hours of service. This information can be paired with other evidence, such as eyewitness testimony, to reconstruct the scene of an accident.
Other important pieces of information in a truck crash investigation could be evidence from the trucking company's telematics system and dash cameras. Telematics is the gathering of data that is gathered by a vehicle's onboard computer. This data is used to instruct fleet drivers and to record incidents. This can include important data like speed, harsh braking, phone usage and more. This information can be compared with the log books of truck drivers to determine if accurate records were maintained.
A fax log of any communication concerning the trip before the accident is equally important. This could include information about the route, destination, and any stops made on the way and any messages exchanged between the trucker and the company. An experienced personal injury attorney can use this information to prove that the truck driver was distracted, followed unsafe procedures, or taking unnecessary risks.
If a victim of a truck accident is able to prove that the trucking company, truck driver or other defendants did not uphold their duty of care and caused the accident they must be held responsible for any injuries suffered due to. Plaintiffs must prove that defendants violated a statute or regulation, and that this violation caused harm. It is much easier to prove that a violation was not negligent in the context of traffic laws, however 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 a settlement involves discussing the details of your case with an insurance company including the amount you are legally entitled to under state law. An experienced truck accident attorney can assess your injuries and record the losses you've suffered due to the crash to determine how the value of your case is. Then, brooklyn park truck wreck lawyer can use the results of other similar cases involving truck accidents and the amount of compensation that juries have awarded victims in comparable situations to decide on a fair settlement amount.
Your lawyer can also negotiate directly with the insurance company in order to ensure that the settlement you get adequately covers the damages documented. This includes money you've lost due to your inability to work to seek treatment for your injury. Lawyers can assist you to with the documentation required for these losses, which could include former pay stubs. If you are unable to return to the same kind of job due to the injuries you sustained, you could be eligible for compensation for the loss of future earning capacity as well.
Insurance companies typically start the conversation by offering an offer that is not as high. This is a standard tactic to determine how desperate you are to settle your case and can affect the value of your case. A lawyer who is knowledgeable can avoid being deceived by remaining calm, and not allowing pressure to accept the terms of a settlement that are not adequate.
After your lawyer has reached a reasonable settlement amount, they'll send a settlement demand in writing to the responsible party, which must be answered within 30 days or your rights to take action against the responsible party in court will be revoked. In some instances the trucking company may refuse to negotiate. Your attorney will initiate a lawsuit on behalf of the negligent party.
It isn't possible for us to provide a general figure for the amount a settlement for a truck accident is worth, as each case has unique factors including the degree of your injuries, as well as the amount of time you will miss from work due to medical treatments. Settlements for truck accidents can be millions of dollars.