Truck Accident Litigation
There are a lot of potential defendants in the litigation involving truck accidents. It could include the truck driver and their employer as well as a company that produced defective equipment or a company that loaded cargo in a way that was not properly.
Many trucks have event data recorders (also called black boxes) that can assist investigators in determining the cause of a crash happened. Personal injury attorneys with experience will be able match the log book information with the accident.
Investigation of the Scene
If a car accident happens, the first step in an investigation is to gather physical evidence and take photographs. Accidents involving trucks are distinct. There are other factors to consider. For instance, trucks are often transporting dangerous items and even a minor accident can cause fatal or serious injuries.
This is because the investigation process is more complex than a typical car accident. It is also more time consuming and requires the help of experts in various fields. Luckily, a lawyer with experience can help you connect with the best people for this job.
A thorough truck accident investigation involves interviewing eyewitnesses and visiting the scene of the accident. Experts are also needed to reconstruct the crash from the physical evidence. This information is vital in finding a defendant accountable for the occurrence.
Furthermore, an attorney should seek any information from the trucking driver and the company that could be relevant to the case. This could include information on the safety guidelines of the trucking company training protocols, procedures for training, and maintenance procedures. The history of the driver is also crucial. This could include any previous incidents, reprimands or drug/alcohol test results.
The data gathered from the black box in the truck is an additional piece of evidence that needs to be collected. These devices are similar to the ones that are installed in planes, and they are able to provide a lot of information on how the accident happened. Your lawyer should seek this information as quickly as possible, as it could be lost due to weather or the passing traffic.
A lawyer should also collect medical records of the victims. These records will show that the injuries sustained during the accident have caused lasting and extensive damage. It is crucial to keep these documents together with any doctor's notes and treatment schedules.
Expert Witnesses
Although the majority of truck accidents result in an agreement between the insurance company and the victim but some do not and must be tried in court. This is where expert witnesses play an important 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 complex medical concepts, mechanical theories and economic concepts to jurors who have only a basic understanding of them.
Based on the type of expert witness required, they could be as basic as a car mechanic who can determine why your vehicle was damaged in the crash, to metallurgists who can conduct a failure assessment on the truck part that is in question, or pathologists who can determine the reason for death. They might be required to examine and testify to specific aspects of the case, such as the force or the crash or the speed of the vehicle or the accident reconstruction.
Medical experts are also called upon to verify the extent and severity of your injuries. Insurance companies often challenge this claim, claiming that you exaggerate your injuries or the fact that these were pre-existing injuries and that the incident didn't cause any additional damage. In these instances the attorney could call an independent expert who will challenge the testimony of the insurance doctor.
In the end an expert witness can be crucial when it comes to proving that the trucker 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, the financial consequences 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 deserve financial support to deal with medical bills loss of wages, suffering and associated costs. Manhattan truck accident lawyers from Cellino Law are prepared to pursue justice for their clients and fight for the compensation they deserve.
GPS tracking is among the most effective methods used in the event of an accident. These devices are used by the trucking industry and typically contain a wide array of data that help determine the the liability of the driver. A Qualcomm system, for example can provide vital data on speed brake engines performance and service hours. This information can be paired with other evidence, for instance eyewitness testimonies, to reconstruct the scene of the crash.
Dash cams as well as telematics records could also prove useful in the event of a truck crash. Telematics is the collection of information gathered by a vehicle's onboard computer. It is used for training of fleet drivers and for recording incidents. roanoke truck accident lawyer may include crucial information such as speed, hard brakes, phone usage and more. This information can be compared with the log books of truck drivers to determine whether accurate records were maintained.
A fax recording of any communication about the trip before the accident is also important. This could include information on the route and destination, as well as any stops during the journey, and even the record of any communication between the truck driver and the company. This can be used by a skilled personal injury lawyer to show that the truck driver was distracted or not following safe procedures.
If a victim of a truck accident can show that the trucking company, driver, or any other defendants failed to uphold their duty of care and caused the accident they must be held accountable for any injuries incurred as a result. In order to win a case the plaintiff must prove that the defendant violated the law or regulation and that the breach directly caused harm. It is easy to prove that a violation was not negligent when it comes to traffic laws, but federal regulations require a more complicated analysis.
Negotiating a Settlement
In many instances truck accident victims may settle their claim without having to go to trial. To reach a settlement, you will need to discuss the facts of your accident with the insurance company. This includes the amount to which you are entitled to under the law of the state. A lawyer for truck accidents can evaluate your injuries and document your losses as a result to determine the worth of your case. Then, the attorney can take the findings of similar cases of truck accidents and how juries have awarded victims in similar 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 receive is adequate to cover the losses acknowledged. This will include any amount you've lost due to missing work to seek treatment for your injuries. The lawyer can help you submit documentation for these losses, including former pay statements. If you're unable to return to the exact same type of job because of your injuries, you may be entitled to compensation for the loss of earning potential in the future as well.
Insurance companies will often start the conversation with a low-ball offer. This is a common tactic to gauge how desperate you are to settle your case and can affect the value of your case. A lawyer with experience will avoid being slammed by remaining calm and never allowing pressure to accept any settlement that isn't adequate.
Once your lawyer has negotiated an acceptable settlement amount, they'll send a settlement demand in writing to the party responsible for the fault, 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 might refuse to negotiate. Your attorney will then start an action on behalf of the party who was negligent.
It is not possible to give an estimate of the value of a settlement since each case is different. For example the severity of injuries and the amount of time you'll miss work to receive medical treatment are two factors that can vary. But, it's not unusual for settlements in truck accidents to reach millions of dollars.