Truck Accident Litigation
There are a lot of potential defendants in the litigation involving truck accidents. These defendants may include the driver of the truck as well as their employer as and a business that manufactured defective equipment, or an individual contractor who loaded cargo incorrectly.
Many trucks have event data recorders (also called black boxes) which can aid investigators in determining what caused a crash happened. Personal injury lawyers with experience can match the data contained in log books.
Investigation of the Scene
In the event of a car crash, the first thing to do is collect evidence. However, in the case of truck accidents, there are many more things to think about. Trucks are often carrying dangerous goods, and even a minor incident can cause serious or fatal injuries.
The investigation process is therefore more complex than a typical car accident. It takes longer and requires the help of experts from a variety of areas. Fortunately, a lawyer who is qualified can connect you to the best people to do this job.
An extensive investigation into a truck accident includes interviewing eyewitnesses, as well as going to the site of the accident. It also requires the help of experts who can determine what happened on the physical evidence that is collected. This is essential in finding a defendant accountable for the accident.
Additionally, an attorney should request any information from the trucking driver and the company that could be relevant to the case. This could include information on the trucking company's safety policies training protocols, procedures for training, and maintenance procedures. Also, the background of the driver of the truck is important, such as any past incidents, reprimands, or results of a drug/alcohol test.
Another source of evidence to look for is the information from the truck's black-box. These devices, similar to those used in planes, could provide a lot of information about the incident. The information you require should be sought as soon as you can by your lawyer, as it could be lost due to the elements or the speed of traffic.
A lawyer should also gather medical records of the victims. These records will prove that the injuries suffered during the crash caused significant and long-lasting damage. It is vital to keep these documents, along with any doctor's notes and treatment schedules.
Expert Witnesses
While most truck accidents result in an agreement between the insurance company and the person who was injured but some do not and must be heard in the court. Expert witnesses play a key role. They are experts who have the experience, knowledge and expertise to analyze information in your case and present their views to the jury. They can explain complex medical, physical, mechanical and economic concepts that a majority of jurors have no or little understanding of.
The type of expert witness required, they can be as simple as a car mechanic who will determine the reason your vehicle was damaged during the accident and metallurgists who conduct a failure assessment on an individual truck component or pathologists who determine the cause of death. They could also be required to look into and testify on specific aspects of your case, such as the force of the crash, vehicle velocity, or accident reconstruction.
Medical experts are also called upon to evaluate the extent and severity of your injuries. This is an area that is frequently contested by the insurance company, as they may try to claim that you're exaggerating your injuries or that they were pre-existing and that the accident did not cause any additional damage. In these instances, your attorney may call an independent expert to refute the claims of the insurance's doctor.
A witness who is an expert in the field can be very beneficial in proving that the trucker was negligent. They can use their expertise to help the jury comprehend the truck driver's failure to perform their duties, the financial consequences of that failure and how the failure affected you.
GPS Tracking
When accidents with trucks occur it is not uncommon for victims to suffer serious injuries. They deserve financial support to pay medical expenses, lost wages, pain and suffering and other related costs. Manhattan truck accident lawyers from Cellino Law are prepared to seek justice for their clients and fight for the compensation they deserved.
One of the most effective technological tools in any accident scenario is GPS tracking. These devices are a standard of the trucking industry and usually come with a variety of important information that could be used to determine liability. A Qualcomm system, for example can provide vital data on speed brake engines performance and service hours. This information can be used in conjunction with other evidence, such as eyewitness testimony to reconstruct the scene of the crash.
Other pieces of valuable information in a car accident case could be records from the trucking company's telematics system and dash cams. Telematics is the collection of information gathered by a vehicle's onboard computer. The data can be used to instruct fleet drivers and record incidents. It can contain important details like speed, rough braking, phone usage, and more. This information can be compared with the log books of the truck drivers to see if accurate data was recorded.
Another important aspect is any fax messages that might have been sent out regarding the journey prior to the accident. This could include information about the route, destination, any stops made along the way and any messages sent between the trucker and the company. A seasoned personal injury lawyer can use this to show that the trucker was distracted, following unsafe procedures or taking unnecessary risks.
If the victim of a car accident can prove that the trucking company, driver or any other defendants, failed fulfill their duty of care and caused the accident and caused the accident, they should be held accountable for any injuries sustained as a result. To prevail in a lawsuit, the plaintiff must prove that the defendant violated any law or regulation, and that this violation 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 much more intricate analysis.
The process of negotiating a settlement
In many cases the truck accident victim is able to settle their case without having to go to trial. The process of negotiating an agreement involves discussing the facts of your situation with an insurance company which includes the amount you are legally entitled to under state law. An experienced attorney for truck accidents can evaluate your injuries and document the damage you've suffered in the crash to determine how your case is worth. The attorney can use the results of other similar cases involving truck accidents and the way juries have awarded victims in similar situations to determine a fair settlement amount.
Your lawyer can also work directly with the insurance company to ensure that the settlement you get is adequate to cover the losses which are documented. This includes the money you've lost due to your inability to work to receive treatment for your injury. The lawyer can help you provide evidence of these losses, which could include former pay stubs. If green bay truck wreck lawyer stop you from returning to your previous job, you may also be eligible for compensation.
Insurance companies will often start the conversation with a low-ball offer. This tactic is used to determine how eager you are to settle your claim and could have a negative impact on the value of your claim. A lawyer with experience can avoid being lowballed by staying calm and not giving in to pressure to accept an offer that is not satisfactory.
After your lawyer has reached an acceptable settlement amount, they will send a settlement demand in writing to the at-fault party and must be responded to within 30 days or your rights to take action against the responsible party in court will be revoked. In some instances the trucking company might refuse to negotiate. Your attorney will then initiate a lawsuit on behalf of the party who was negligent.
It is impossible to give an estimate of the value of a truck crash settlement as each instance is unique. For example, the severity of the injuries and the time you will be away from work to receive medical treatment are two factors that can vary. Settlements for truck accidents can range from millions of dollars.