Truck Accident Litigation
There are a variety of defendants in a lawsuit involving a truck accident. These defendants could include the driver of the truck and 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, often referred to as black boxes, which will help investigators determine the reason a crash occurred. Professional personal injury attorneys know how to match this information with log books.
Investigation of the Scene
When a car wreck occurs the first step in an investigation is to collect evidence from the scene and take pictures. Accidents involving trucks are distinct. There are a variety of factors to take into consideration. Trucks are often carrying dangerous goods, and even a minor incident can cause serious or fatal injuries.
This is because the investigation process is more complicated than that of a standard car accident. It takes more time and requires the help of experts from various areas. Fortunately, a qualified lawyer can help you connect with the most qualified people to do this job.
A thorough investigation into the cause of a truck crash includes interviewing eyewitnesses, as well as going to the scene of the crash. It also requires the help of experts who can retrace the events that led to the accident based on the evidence gathered. This is essential in finding a defendant accountable for the accident.
Additionally, an attorney must request any information from the truck driver and the company that might be relevant to the case. This could include information regarding the safety policies of the trucking firm maintenance procedures, safety policies, and training procedures. The history of the driver is also important. This includes any prior incidents, reprimands or drug/alcohol tests results.
The information from the black box of the truck is yet another source of evidence that must be collected. These devices are similar to the ones that are installed in airplanes, and are able to provide a lot of information regarding what caused the accident. This information should be requested whenever possible by your attorney, because it could be lost due to the elements or passing traffic.
A lawyer should also collect medical records of the victims. These documents will assist in proving that the injuries suffered in the crash have resulted in significant and long-lasting damage. It is essential 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 injured party and the trucking company. However, some do NOT and must be brought to the court. This is where expert witnesses play a key role. They are professionals who have the experience and training to assess the evidence in your case, and then provide their opinions to jurors. They can explain complicated medical concepts, mechanical concepts and economic concepts to jurors who have little or no understanding of them.
Expert witnesses could vary from a basic car mechanic to a metallurgist that can examine the failure of a part of the truck or a pathologist that can determine what caused the death. They might also be required to testify and examine specific aspects of your case like the force of the crash or the vehicle's speed, or reconstruction of the accident.
Medical experts are also required to verify the severity and extent of your injuries. This is a subject that is frequently contested by insurance companies as they will try to claim that you have exaggerated your injuries or that they were pre-existing injuries and that the accident didn't cause them any additional damage. In these cases your attorney can call an independent expert to refute the evidence of the doctor who is a part of the insurance.
Lastly an expert witness could be vital when it comes to proving that the trucker involved in the accident was negligent in any way. They will use their knowledge to help the jury understand the truck driver's failure to perform their duties as well as the financial implications of that failure, and how that failure affected you.
GPS Tracking
When truck accidents occur, it is not uncommon for victims to sustain serious injuries. They deserve financial support to cover medical bills loss of wages, suffering and associated costs. Manhattan truck accident lawyers from Cellino Law are prepared to find justice for their clients and fight for the compensation they are due.
One of the most useful technologies in any case of accident is GPS tracking. These devices are utilized by the trucking industry and typically contain a wide array of data that can help determine the liability of the driver. A Qualcomm system can provide, for instance, important information, such as speed as well as braking performance as well as engine performance and service hours. This information can be combined with other evidence, such as eyewitness testimony to reconstruct the scene of the crash.
Dash cams and telematics records could be helpful in the event of a truck crash. Telematics is a set of data gathered by the vehicle's onboard computer. It's used for fleet driver coaching and to record incidents. The data can include speed, harsh braking, and phone usage. It can be compared to the log books of the truck drivers to determine whether accurate records were kept.
A fax log of any communication concerning the trip prior to the accident is equally important. This could include information on the route and destination, any stops on the way, and even the details of any communications between the driver of the truck and the company. A skilled personal injury lawyer can use this information to prove that the trucker was distracted, following unsafe procedures, or taking risks that were not necessary.
If a truck accident victim can prove that the trucking company or driver or any other defendants, failed to uphold their duty of diligence, and caused the collision and caused the accident, they should be accountable for any injuries sustained as a result. Plaintiffs must prove that the defendants broke a law or regulation, and that the violation caused harm. It is easier to prove that a violation of traffic laws was negligent however Federal regulations require a more intricate analysis.
The process of negotiating a settlement
In many cases, truck accident victims can settle their claims without going to court. In order to negotiate settlement, you'll need to discuss the specifics of your crash with the insurance company. This includes the amount to which you are entitled under state law. An experienced lawyer for truck accidents can assess your injuries and document the damages you've suffered in the accident to determine your case is worth. The attorney can then apply the results from other similar lawsuits for truck accidents and the amount of compensation juries awarded victims in similar situations to determine an acceptable settlement amount.
laredo truck accident attorney can also work directly with the insurance company in order to ensure that the settlement you get adequately covers the damages documented. This will include any money you have lost because of your inability to work to seek treatment for your injuries. The lawyer can assist you with submitting documentation to prove these losses including old pay bills. If you are unable to return to the 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 often begin the conversation by making an offer that is low. This is a common tactic to test how desperate you are for a settlement and could affect the value of your case. A lawyer who is well-informed can avoid being deceived by remaining calm and not giving in to pressure to accept the terms of a settlement that are not adequate.
After your lawyer has negotiated an amount that is fair then they will mail the person at fault an email request for settlement. The party must reply within 30 days or you will lose the right to take them to court. In some instances trucking companies will refuse to negotiate and your attorney will bring a lawsuit against the negligent party.
It is not possible to give a general estimate of what a settlement for a truck accident is worth since each situation is different like the degree of your injuries, as well as the amount of time you'll miss working to undergo medical treatments. However, it is not uncommon for truck accident settlements to exceed millions of dollars.