Truck Accident Litigation
Truck accident litigation covers a wide range of potential defendants. It could include the truck driver and their employer and a manufacturer who produced defective equipment, or a contractor who loaded cargo improperly.
Many trucks contain event data recorders, also referred to as black boxes, that can help investigators determine how an accident occurred. Personal injury lawyers who have experience will be able match the data contained in log books.
Investigation of the Scene
In the event of a car crash 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 be considered. Trucks are frequently carrying dangerous goods and even a minor accident could cause serious or fatal injuries.
This is because the investigation process is more complex than the typical car accident. It takes more time and requires the assistance of experts from various fields. A lawyer with experience can help you find the right experts to perform this job.
An exhaustive investigation into a truck accident involves interviewing eyewitnesses and visiting the site of the crash. Experts are also needed to reconstruct the incident using the physical evidence. This information is crucial in making a defendant accountable for the accident.
A lawyer should also contact the trucking company and the driver for any information that could be relevant to the case. This could include information on the safety policies of the trucking company, training procedures, and maintenance procedures. The history of the driver is also crucial. This includes any prior incidents, reprimands, or drug/alcohol tests results.
The data gathered from the black box in the truck is a different piece of evidence that should be gathered. These devices, similar to those installed in planes, may provide an abundance of information regarding the accident. Your attorney must get this information as soon as possible, as it could fade over time because of the elements or the passing traffic.
A lawyer should also gather medical records of the victims. These records will show that the injuries sustained during the accident have triggered long-lasting and significant damage. It is vital to keep these documents, along with any medical notes and treatment schedules.
Expert Witnesses
Most truck accidents are settled between insurance company, the victim and the trucking company. However, there are some that don't and have to be brought to the court. Expert witnesses are vital in these cases. They are experts who have the experience, knowledge and experience to assess information in your case and then provide their opinion to the jury. They can explain complicated mechanics, medical concepts, and economic concepts to jurors with little or no knowledge of them.
Expert witnesses can vary from a basic car mechanic to a metallurgist able to evaluate the failure of a part of the truck or a pathologist to determine the cause of death. They could also be required to testify and examine specific elements of your case, like the force of the collision as well as the velocity of the vehicle or the reconstruction of an accident.
Medical experts are also required to determine the severity and extent of your injuries. This is a subject that can be heavily contested by the insurance company, as they will try to claim that you're exaggerating your injuries or that they were pre-existing injuries and that the accident did not cause any further 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.
A witness who is an expert in the field can be very useful in proving that a truck driver was negligent. They can use their expertise to assist the jury in understanding the reasons why the truck driver failed to do his or her job, the consequences this negligence caused and the financial consequences of that negligence for you.
GPS Tracking
It is not uncommon that victims of truck accidents suffer severe injuries. They need financial assistance to deal with medical bills as well as lost wages, suffering and related costs. Manhattan truck accident lawyers from Cellino Law are prepared to find justice for their clients and fight for the compensation they deserve.
GPS tracking is one of the most efficient technologies for accident cases. These devices are a staple of the trucking industry, and typically have a variety of important data that can be used to determine liability. A Qualcomm system provide important information such as speed and braking performance engines performance, speed, and service hours. This information can be paired with other evidence, for instance eyewitness testimony to reconstruct the scene of an accident.
Dash cams as well as telematics records could also prove useful in a truck accident. rancho cucamonga truck accident attorney refers to the data gathered by a vehicle's onboard computer, which is used for training of fleet drivers as well as to record incidents. This can include important information like speed, harsh braking, phone usage, and more. It can be compared to the log books of the truck drivers to determine if accurate records were maintained.
Another important piece of evidence is any fax records that may have been transmitted regarding the trip prior to the incident. This can include the route, destination, any stops during the journey as well as any messages sent between the trucker and the company. A seasoned personal injury lawyer could use this evidence 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, driver, or any other defendants failed to fulfill their duty of care and caused the collision, then they should be accountable for any injuries suffered as a result. To prevail in a lawsuit, the plaintiff must prove that the defendant violated the law or regulation and that the violation directly caused harm. It is much easier to prove that a violation of an traffic law was negligent however, Federal regulations require a more detailed analysis.
Negotiating a Settlement
In many instances victims of truck accidents can 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 provider and determining the amount you are legally entitled to under state law. A lawyer for truck accidents can assess your injuries and document the losses you have suffered that result from them to determine the value of your case. The attorney can then use the results from other similar lawsuits for truck accidents and the way juries awarded victims in similar situations to calculate an appropriate settlement amount.
Your lawyer may also be able to negotiate directly with the insurance company to ensure that the settlement you get is adequate to cover the losses which are documented. This includes any money that you have lost due to missing work to get treatment for your injury. The lawyer can help provide evidence of these losses, which could include former pay statements. If your injuries prevent you from returning to the same job, you could be entitled to compensation.
Insurance companies usually begin the conversation by making an offer that is low. This is a typical tactic to test how desperate you are for a settlement and could affect the value of your case. A lawyer with experience can avoid being deceived by remaining calm and never allowing pressure to accept the terms of a settlement that are not adequate.
After your lawyer has reached an amount that is reasonable, they will send the at-fault person an email request for settlement. The person who is responsible must respond within 30 days or else you lose the right to bring a lawsuit against them in court. In some instances trucking companies will refuse to negotiate and your lawyer will bring a lawsuit against the negligent party.
It is difficult to give an estimate of the value of a truck accident settlement as each situation is unique. For instance, the severity of the injuries and how long you'll be away from work for medical treatment are two factors which can be different. But, it's not uncommon for truck accident settlements to exceed millions of dollars.