Truck Accident Litigation
There are many potential defendants in the litigation involving truck accidents. These defendants may include the driver of the truck and their employer as also a company that produced defective equipment or an individual contractor who improperly loaded cargo.
Many trucks have event data recorders, often referred to as black boxes, which can assist investigators in determining how the crash took place. Professional personal injury attorneys know how to match the data with log books.
Investigation of the Scene
When a car accident occurs the first step in an investigation is usually to collect evidence physically and take pictures. In the case of truck accidents, however there are a variety of things to consider. Trucks are frequently carrying dangerous goods and even a minor incident can result in fatal or serious injuries.
This is because the investigation process is more complex than that of a normal car accident. It takes longer and requires the help of experts from a variety of areas. A qualified lawyer can help you locate the right people to do this work.
An exhaustive investigation into a truck accident involves interviewing eyewitnesses and going to the site of the accident. Experts are also needed to reconstruct the incident using the physical evidence. This is essential in holding a defendant responsible for the incident.
A lawyer should also inquire with the trucking company as well as the driver for any information they believe to be relevant to a particular case. This could include details regarding the safety policies of the trucking firm or training procedures, as well as maintenance protocols. The history of the driver is important. This includes any past incidents, reprimands, or drug/alcohol test results.
The data from the black box in the truck is another piece of evidence that needs to be gathered. These devices are similar to ones found on airplanes and can provide a lot of information about how the accident occurred. The information you need should be requested as soon as you can by your attorney, as it could fade away over time because of the elements or passing traffic.
A lawyer should also collect medical records of the victims. These documents will prove that the injuries sustained during the accident have caused lasting and significant damage. It is important to keep these documents, together with any notes from a doctor and treatment schedules.
Expert Witnesses
The majority of truck accidents are settled between insurance company, the person who was injured and the trucking company. However, there are some that don't and have to be taken to the court. This is where expert witnesses play a key role. They are professionals with the experience and training to evaluate the evidence in your case and offer their opinion to jurors. They can explain complex mechanics, medical concepts and economic concepts to jurors with little or no understanding of them.
Depending on the type of expert witness required, they can range from as simple as a mechanic who can figure out why your vehicle was damaged during the accident and metallurgists who conduct a failure analysis of an individual truck component or pathologists who determine the cause of death. akron truck accident lawyer may also be required to review and testify about specific elements of your case, such as the force of the collision and the speed of the vehicle, or accident reconstruction.
Medical experts are also called upon to verify the severity and extent of your injuries. Insurance companies will often contest this claim, claiming that you exaggerate your injuries, or that they have pre-existing conditions and that the incident didn't cause any further harm. In these instances, your attorney may call in an independent expert to refute the testimony of the insurance doctor.
Finally, an expert witness can be vital when it comes to proving that the trucker who was involved in the accident was negligent in any way. They will use their expertise to assist the jury in understanding the reasons why the truck driver failed to do his or her job, the consequences that failure caused, and the resulting financial consequences of that negligence for you.
GPS Tracking
It is not uncommon to see victims of accidents involving trucks suffer serious injuries. They need financial assistance to deal with medical expenses and lost wages, as well as pain and suffering and other related expenses. Cellino Law, a Manhattan truck accident lawyer firm is ready to fight for justice and compensation for their clients.
One of the most efficient technologies in any case of accident is GPS tracking. These devices are a staple of the trucking industry and frequently come with a variety of vital information that can be used to determine the extent of liability. A Qualcomm system, for instance provides important information on speed, braking, engine performance and service hours. This information can be combined with other evidence like eyewitness testimony to reconstruct the scene of the crash.
Dash cams as well as telematics records may also be valuable during a truck collision. Telematics is a collection of data gathered by a vehicle's onboard computer. It is used for training of fleet drivers and to record incidents. This information can include speed, harsh braking and phone usage. This information can be compared with the truck driver's log books to determine if accurate data was recorded.
Another important piece of evidence is any fax messages that might have been sent about the trip prior the accident. This information can include the route, destination, any stops made during the journey along with any messages exchanged between the trucker and the company. This can be used by a seasoned personal injury lawyer to prove that the trucker was distracted or following unsafe procedures.
If a victim of a truck accident can show that the trucking company, driver, or any other defendants did not uphold their duty of care and caused the accident and the victim should be held accountable for any injuries incurred as a result. In order to win a case the plaintiff must show that the defendant acted in violation of any law or regulation, and that this violation directly caused harm. It is easier to show that a violation of a traffic law was negligent however Federal regulations require a more complex analysis.
The process of negotiating a settlement
In many instances victims of truck accidents can settle their claim without going to trial. In order to negotiate an agreement, you'll be required to discuss the circumstances of your accident with the insurance company. This includes the amount that you are entitled under the law of the state. A truck accident lawyer can assess your injuries and document the losses you have suffered in order to determine the worth of your case. Then, the attorney can analyze the results of similar truck accident cases and the amount of compensation that juries have awarded victims in similar circumstances to determine the amount of a fair settlement.
Your lawyer may also be able to negotiate directly with the insurance company to ensure that the settlement you receive adequately covers the damages which are documented. This will include any money you've lost because you were unable to work to receive treatment for your injuries. The lawyer can help you document these losses, such as old pay statements. If your injuries prevent you from returning to the same job, you may also be entitled to compensation.
Insurance companies will often start the conversation with a low-ball offer. This is a typical tactic to test how desperate you are to negotiate a settlement and could affect the value of your case. An experienced attorney can avoid being low-balled by remaining unflinching and never yielding to pressure to accept an inadequate settlement.
After your lawyer has reached an amount that is reasonable, they will send the person who is at fault a written demand for a settlement. The person who is responsible must respond within 30 days, or you'll lose your right to pursue them in court. In certain cases the trucking company may refuse to negotiate, and your lawyer will pursue a lawsuit against a negligent party.
It isn't possible to give a general estimate of how much an accident settlement for a truck is worth as each case is unique and has its own factors, such as the severity of your injuries as well as the amount of time you'll miss from work due to medical treatments. Settlements for truck accidents can be millions of dollars.