Truck Accident Litigation
There are many potential defendants in the litigation involving truck accidents. They could include the truck driver and their employer as well as a company who produced defective equipment, or a contractor who loaded cargo improperly.
Many trucks are equipped with event data recorders, often referred to as black boxes. They can aid investigators in determining the cause of the crash took place. Personal injury lawyers who are experienced be able to connect this information to log books.
Investigation of the Scene
In the case of a car accident the first thing you need to do is gather evidence. However, in the case of truck accidents there are many other things to think about. Trucks are often carrying dangerous goods and even a minor accident could result in fatal or serious injuries.
This is because the investigation process is more complex than that of a standard car accident. It takes longer and requires the help of experts from various areas. A lawyer who is experienced can assist you in finding the right professionals to handle this job.
Interviewing eyewitnesses is an essential component of a thorough 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 vital in holding a defendant responsible for the incident.
Additionally, an attorney should seek out any information from the truck driver and the company that might be relevant to the case. This could include information regarding the trucking company’s safety policies, maintenance protocols, and training procedures. The past history of the driver is important. This could include any previous incidents, reprimands and drug/alcohol test results.
Another evidence source to gather is the data from the black box in the truck. These devices, which are similar to those found in planes, can offer a lot of information about the incident. The information you require should be sought as soon as possible by your attorney, because it could fade away over time due to the elements or traffic.
A lawyer should also collect medical records of the victims. These records will show that the injuries sustained in the accident have triggered long-lasting and extensive damage. It is crucial to keep these documents along with any medical notes and treatment schedules.
Expert Witnesses
While the majority of truck accidents result in a settlement between the insurance company and the person who was injured, some do not and need to be tried in the court. Expert witnesses play a crucial role. They are experts with the experience and training to evaluate the information in your case and provide their opinions to jurors. They can explain complicated mechanical, physical, medical, and economic concepts that most jurors lack knowledge of.
Expert witnesses can be anything from a simple car mechanic to a metallurgist who will evaluate the failure of a truck component or a pathologist that can determine the cause of death. They could be required to examine and testify on particular elements of your case, for instance the force or crash or the speed of the vehicle or the accident reconstruction.
Medical experts are also called upon to evaluate the extent and severity of your injuries. Insurance companies typically contest this claim, claiming that you exaggerate the severity of your injuries or that they have pre-existing conditions and that the incident didn't cause any additional damage. In these situations your lawyer will bring in an independent medical expert to contest the insurance company's doctor's testimony.
Finally, an expert witness can be crucial to finding out that the trucker at fault in the accident was negligent in some way. They will use their expertise to help the jury comprehend the reasons why the truck driver was unable to perform his or her job, the consequences this failure has caused and the financial repercussions of the negligence for you.
GPS Tracking
It is not uncommon that victims of truck accidents suffer serious injuries. They are entitled to compensation for medical expenses, lost wages, pain and suffering, as well as other costs. Manhattan truck accident lawyers from Cellino Law are prepared to seek justice for their clients and fight to get the compensation they deserve.
One of the most beneficial technological tools in the event of an accident is GPS tracking. These devices are utilized by the trucking industry and often contain a wide array of data that help determine the who is responsible. A Qualcomm system, for instance can provide vital data on speed and braking engines performance and hours of service. This information can be paired with other evidence, such as eyewitness accounts, to reconstruct the scene of an accident.
Dash cams and telematics records could also prove useful in the event of a truck accident. Telematics is a set of data gathered by the vehicle's onboard computer. It is used for fleet driver coaching 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 if accurate data was recorded.
A fax report of any communications regarding the trip prior to the accident is also important. This information can include the route, destination, any stops along the way along with any messages exchanged between the trucker and the company. An experienced personal injury lawyer could use this evidence to prove that the truck driver was distracted, not following safe procedures or taking unnecessary risks.
If a truck accident victim can prove that the trucking company or driver or any other defendants, failed to meet their duty of care and triggered the collision and resulted in the collision, then they should be held accountable for any injuries incurred as a result. To prevail in a lawsuit, the plaintiff must show that the defendant acted in violation of a statute or regulation and this breach directly caused harm. It is easy to prove that a violation was negligent when it comes to traffic laws, however federal regulations require a much more complex analysis.
The process of negotiating a settlement
In many instances truck accident victims is able to settle their case without having to go to trial. The process of negotiating settlement is to discuss the facts of your case with an insurance firm, including the amount you are entitled to under the law of your state. An experienced truck accident attorney can assess your injuries and record the losses you have suffered as a result of the accident to determine the value of your case is. The attorney can then apply the results of other similar lawsuits for truck accidents and how juries awarded victims in similar situations to establish an appropriate settlement amount.
parma truck accident law firm can also negotiate with the insurance company to ensure that the settlement you receive adequately covers your documented damages. This includes any amount you've lost due to missing work to receive treatment for your injuries. The lawyer can assist you with the documentation required for these losses, such as old pay receipts. If your injuries stop you from returning to your previous job, you may also be eligible for compensation.
Insurance companies will often start the conversation with a low-ball offer. This strategy is used to determine how desperate you are to settle your claim and could have a negative effect on the value of your claim. A lawyer who is experienced can avoid being lowballed by remaining calm, and not allowing pressure to accept the terms of a settlement that are not adequate.
Once your lawyer has reached a reasonable settlement amount, they'll send a settlement demand in writing to the at-fault party, which must be answered within 30 days or your rights to sue the responsible party in court will be revoked. In some cases the trucking company may refuse to negotiate. Your attorney will then initiate a lawsuit on behalf of the negligent party.
It is not possible to provide an estimate for how much a truck accident settlement is worth since each case is unique and has its own factors, such as the degree of your injuries, as well as the length of time you'll be absent from work for medical treatments. Settlements for truck accidents can range from millions of dollars.
