Truck Accident Litigation
There are a variety of defendants in a lawsuit involving a truck accident. These defendants may include the driver of the truck and their employer as in addition to a company which manufactured defective equipment, or an individual contractor who loaded cargo incorrectly.
Many trucks are equipped with event data recorders (also called black boxes) that can assist investigators in determining how the crash took place. Professional personal injury attorneys know how to link the data with log books.
Investigation of the Scene
If a car accident happens the first step of an investigation is to collect evidence physically and take pictures. Truck accidents are different. There are a variety of factors to be considered. Trucks often transport dangerous products and even a minor incident can cause serious or fatal injuries.
The investigation process is more complicated than a typical car accident. It is also more time-consuming, and it requires the help of experts from various areas. A lawyer who is qualified can help you find the right people to complete this work.
An exhaustive investigation into a truck accident involves interviewing eyewitnesses as well as visiting the site 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.
Additionally, the attorney should seek out any information from the trucking company and driver that could be relevant to the case. This could include information regarding the safety policies of the trucking company maintenance procedures, safety policies, and training procedures. The history of the driver is also crucial. This could include any previous incidents, reprimands or drug/alcohol tests results.
The data from the black box of the truck is a different piece of evidence that needs to be gathered. These devices are similar to ones that are installed in planes, and they can provide a lot of information about what caused the accident. The information you require should be sought as soon as you can by your lawyer, as it may disappear in time due to the elements or traffic.
In addition, the attorney should also obtain medical records from the victims of the crash. These documents will assist in proving that the injuries suffered in the crash have resulted in significant and long-lasting damage. It is crucial to preserve these documents, along with any doctor's notes or treatment schedules that are readily available.
Expert Witnesses
The majority of truck accidents are settled between insurance company, the victim and the trucking company. However, some don't and have to be taken to the court. Expert witnesses are crucial in these cases. They are professionals with the training and knowledge to analyze the facts in your case and provide their opinions to jurors. They can explain complex mechanical concepts, medical concepts, and economic concepts to jurors who have only a basic understanding of them.
Depending on the type of expert witness needed, they could be as straightforward as a car mechanic who can figure out why your vehicle was damaged during the crash and metallurgists that can do a failure analysis on a specific truck part or pathologists who determine the causes of death. They could be required to look into and testify on specific elements of your case, such as the force or crash, the vehicle velocity, or the accident reconstruction.
Medical experts are also required to determine the extent and severity of your injuries. Insurance companies often challenge this area, claiming that you exaggerate the severity of your injuries or that these were pre-existing conditions and that the incident didn't cause any further harm. In these situations your lawyer will bring in an independent medical expert to counter the doctor's testimony for insurance companies.
Finally an expert witness could be crucial when it comes to proving that the trucker who was involved in the accident was negligent in any way. Expert witnesses will utilize their knowledge to help the jury understand the reasons why the truck driver did not perform his or her job, the consequences the failure led to, and the resulting financial repercussions of the negligence for you.
GPS Tracking
When accidents involving trucks happen, it is not unusual for victims to sustain serious injuries. They must be compensated for medical expenses, lost wages, suffering, in addition to other costs. Manhattan truck accident lawyers from Cellino Law are prepared to fight for justice on behalf of their clients and fight for the compensation they deserve.
One of the most efficient pieces of technology in the event of an accident is GPS tracking. These devices are an integral part of the trucking industry, and typically include a range of important data that can be used to determine liability. A Qualcomm system provide important information such as speed as well as braking performance as well as engine performance and service hours. This information can be paired with other evidence, such as eyewitness testimonies, to reconstruct the scene of the crash.
Dash cams as well as telematics records could be helpful in the event of a truck accident. Telematics is the collection of data gathered by the vehicle's onboard computer. The data is used to coach fleet drivers and record incidents. This may include crucial information like speed, harsh braking, phone usage and more. It can be compared with the truck driver's log books to determine if the correct records were maintained.
Another important piece of information is any fax records that may have been transmitted regarding the journey prior to the accident. This could include information about the travel route and its destination, any stops along the way, and even the record of any communication between the truck driver and the company. An experienced personal injury lawyer could use this evidence to prove that the truck driver was distracted, not following safe procedures, or taking unnecessary risks.
If a person injured in a collision with a truck can prove that the trucking company, driver, or any other defendants, failed to uphold their duty of diligence and caused the collision and resulted in the collision, then they should be accountable for any injuries suffered due to the collision. Plaintiffs must show that the defendants violated a law or regulation, and that the violation caused harm. It is much easier to prove that a violation of the traffic law was wrongful however, Federal regulations require a more detailed analysis.
The process of negotiating a settlement
In many cases truck accident victims may settle their claim without having to go to trial. The process of reaching settlement involves discussing the details of your case with an insurance company which includes the amount you are entitled to under the law of the state. An experienced attorney for truck accidents will evaluate your injuries and document the damages you've suffered as a result of the accident to determine your case is worth. Then, the attorney can analyze the results of similar truck accident cases and how juries have awarded victims in comparable situations to determine the fair amount to settle.
flower mound truck accident attorney can also negotiate with the insurance company to ensure that the settlement you receive adequately covers your documented damages. This includes the money you lost because you missed work to seek treatment for your injury. The lawyer can help provide evidence of these losses, which could include former pay statements. If you are unable to return to the exact same type of job because of your injuries, you may be eligible for compensation for the loss of earning potential in the future as well.
Insurance companies usually begin the conversation by making a low-ball offer. This is a tactic used to test how desperate you are to settle and can affect the value of your case. A knowledgeable attorney can avoid being mistreated by remaining calm and never giving in to pressure to accept an inadequate settlement.
After your lawyer has agreed to an amount that is reasonable and fair, they'll send the person responsible for the fault an official demand for settlement. The other party must respond within 30 days, or else you lose your right to take them to court. In certain cases the trucking company may not negotiate and your attorney will bring a lawsuit against the negligent party.
It is difficult to give an estimate of the value of a truck crash settlement because every situation is unique. For example the severity of injuries and the time you'll be off from work to receive medical treatment are some of the factors that differ. However, it is not unusual for settlements from truck accidents to exceed millions of dollars.