Truck Accident Litigation
Truck accident litigation involves many potential defendants. It could include the truck driver and their employer, as well as a manufacturer that made defective equipment or a contractor that loaded cargo improperly.
Many trucks are equipped with event data recorders, also referred to as black boxes, that will help investigators determine the reason the crash happened. Personal injury lawyers who are experienced know how to match this information with log books.
Investigation of the Scene
In the event of a car crash the first thing to do is gather physical evidence. Truck accidents are not the same. There are many other factors to be considered. Trucks are frequently carrying dangerous goods and even a minor collision can result in fatal or serious injuries.
The process of investigation is more complex than the typical car accident. It is also more time-consuming and requires the help of experts in different fields. A qualified lawyer can help you locate the right professionals to handle this work.
Interviewing eyewitnesses is a crucial part of a thorough accident investigation. Experts are also required to reconstruct the accident from the physical evidence. This information is crucial in finding a defendant accountable for the occurrence.
A lawyer should also inquire with the trucking firm and the driver for any information that may be relevant to a case. This could include information regarding the safety policies of the trucking company, maintenance protocols, and training procedures. Additionally, the past of the driver of the truck is important, such as any past incidents, reprimands, or test results for alcohol or drugs.
Another thing to be gathered is the data from the truck's black-box. These devices are similar to the ones that are installed in airplanes, and they can provide a lot of information about how the accident happened. The information you need should be requested immediately by your attorney, since it may disappear in time because of the elements or the speed of traffic.
The attorney must also collect medical records from the victims of the crash. These records will aid in proving that the injuries sustained in the crash have caused significant and long-lasting damage. It is crucial to save these documents, along with any doctor's notes or treatment schedules that are available.
Expert Witnesses
The majority of truck accidents are settled between insurance company, the victim and the trucking company. However, some do NOT and must be brought to court. Expert witnesses play a key 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 who have little or no understanding of them.
Expert witnesses can range from a simple car mechanic to a metallurgist who will evaluate the failure of a truck's component or a pathologist who can determine what caused the death. They could also be required to look into and testify on specific elements of your case, like the force of the crash and the speed of the vehicle, or even the reconstruction of the accident.
Another crucial area where experts are brought in is for medical experts to determine the severity of your injuries. Insurance companies typically contest this issue, claiming you exaggerate your injuries, or that they were pre-existing issues and that the accident did not cause any additional damage. In lawrence truck accident lawyer can call an independent expert who will challenge the insurance's doctor's testimonies.
Finally, an expert witness can be essential when it comes to finding out that the trucker at fault in the accident was negligent in a certain way. They will make use of their expertise to help the jury comprehend the truck driver's omission to fulfill his or her responsibilities as well as the financial implications that resulted from that failure and how that lack of performance affected the person who was affected.
GPS Tracking
It is not uncommon that victims of truck accidents suffer serious injuries. They should be compensated for medical bills, lost wages and pain and suffering, along with other expenses. Cellino Law, a Manhattan truck accident lawyer firm, is prepared to fight for justice and compensation for their clients.
One of the most useful tools in any case of accident is GPS tracking. These devices are utilized by the trucking industry, and typically contain a range of important information that help determine who is responsible. A Qualcomm system, for example can provide crucial data on speed and braking engine performance, and hours of service. This can be used in conjunction with other evidence, such as eyewitness testimony to reconstruct the scene of the crash.
Other crucial pieces of information in a car accident case may include records from the trucking company's telematics system and dash cams. Telematics is the collection of data collected by a vehicle’s onboard computer. This information is used to instruct fleet drivers and to record incidents. It can contain important information like speed, harsh brakes, usage of phones and more. This can be compared with the log books of the truck drivers to see if accurate records were kept.
Another important piece of information is any fax communication records that might have been transmitted regarding the trip prior the accident. It could contain information regarding the route and destination, as well as any stops during the journey, and even a record of any messages between the driver of the truck and the company. This information can be used by an experienced personal injury lawyer to prove that the truck driver was distracted or did not follow safe procedures.
If a truck accident victim can prove that the trucking company, driver, or any other defendants, did not perform their duty of care and caused the collision and resulted in the collision, then they should be accountable for any injuries suffered as a result. Plaintiffs must prove that defendants violated a statute or regulation, and that the violation caused harm. It is much easier to prove that a violation of traffic laws was negligent however Federal regulations require a more detailed analysis.
Negotiating a Settlement
In many cases the truck accident victim may settle their claim without having to go to trial. The process of reaching an agreement involves discussing the details of your case with an insurance firm and determining the amount you are entitled to under state law. A skilled attorney in truck accidents can evaluate your injuries and record the losses you have suffered as a result of the crash to determine how your case is worth. The attorney can then apply the results of similar lawsuits for truck accidents and the way juries awarded victims in similar situations to calculate the amount of a fair settlement.
Your lawyer can also negotiate with the insurance company to ensure that the settlement you receive adequately will cover your documented losses. This includes the money you've lost because you didn't work to get treatment for your injury. The lawyer can help you provide evidence of these losses, including former pay stubs. If you are unable return to the same sort of job due to the injuries you sustained, you could be eligible for compensation for the loss of earning potential in the future as well.
Insurance companies usually begin the discussion with a low-ball offer. This is a tactic used to test how desperate you are to settle and could impact the value of your case. A knowledgeable attorney can avoid being low-balled by remaining neutral and refusing to give in to the pressure to accept a shoddy settlement.
After your lawyer has reached an amount that is fair then they will mail the person responsible for the fault a written request for settlement. The party must reply within 30 days, otherwise you'll lose your right to sue them in court. In certain cases the trucking company may refuse to negotiate, and your attorney will pursue a lawsuit against a negligent party.
It isn't possible for us to provide an estimate of what an accident settlement for a truck is worth since each situation is different like the severity of your injuries as well as the amount of time that you'll be away working to undergo medical treatments. However, it is not unusual for settlements in truck accidents to exceed millions of dollars.