Truck Accident Litigation
Truck accident litigation can involve an array of potential defendants. The defendants could include the driver of the truck as well as their employer, as well as a company that manufactured defective equipment, or an individual contractor who loaded cargo incorrectly.
Many trucks contain event data recorders, often referred to as black boxes, that will help investigators determine the reason a crash occurred. Personal injury lawyers who are experienced know how to link the information with log books.
Investigation of the Scene
In the event of a car crash the first thing to do is gather evidence. Accidents involving trucks are distinct. There are other factors to be considered. Trucks are typically carrying dangerous goods, and even a minor incident can cause serious or fatal injuries.
The investigation process is more complex than the typical car accident. It is also longer and requires the assistance of experts in different areas. Fortunately, a qualified lawyer can connect you to the best people for this task.
A thorough investigation into the cause of a truck crash involves interviewing eyewitnesses as well as visiting the site of the crash. Experts are also needed to reconstruct the accident using the physical evidence. This is essential in holding a defendant responsible for the incident.
A lawyer must also inquire of the trucking firm and the driver for any information that may be relevant to a specific case. This could include information regarding the safety policies of the trucking company as well as training procedures and maintenance procedures. The past of the driver is crucial. This includes any past incidents, reprimands or alcohol/drug test results.
Another thing to look for is the information from the truck's black box. These devices are similar to ones found on airplanes and can provide a lot of details about what caused the accident. This information should be requested as soon as you can by your attorney, as it could be lost because of the elements or passing traffic.
gresham truck accident lawsuit should also gather medical records of the victims. These documents will help prove that the injuries suffered in the crash have caused a significant and lasting injury. It is vital to preserve these documents, as well as any medical notes or treatment schedules that are available.
Expert Witnesses
While the majority of truck accidents result in a settlement between the insurance company and the party who was injured but some do not and need to be tried in court. Expert witnesses are vital in these cases. They are professionals with the experience, knowledge and expertise to analyze the evidence in your case and present their views to the jury. They can explain complicated mechanical, physical, medical and economic concepts that a majority of jurors are not aware of or have no knowledge of.
Depending on the type of expert witness you require, they can range from as simple as a car mechanic who can identify why 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 might also be required to review and testify about specific aspects of your case such as the force of the crash, vehicle velocity, or the reconstruction of an accident.
Another area in which experts are brought in is to help medical experts confirm the severity of your injuries. This is a subject that can be heavily contested by the insurance company as they will try to claim that you are exaggerating your injuries or that they were pre-existing injuries and that the accident did not cause any additional harm. In these situations, your attorney will call in an independent medical expert to challenge the insurance company's doctor's testimony.
Additionally an expert witness could be vital when it comes to finding out that the trucker at fault in the accident was negligent in any way. They will utilize their knowledge to help the jury understand the truck driver's failure to fulfill his or her responsibilities, the financial consequences which resulted from this failure, and how that failure affected you.
GPS Tracking
It is not uncommon for victims of truck accidents suffer severe injuries. They are entitled to compensation for medical expenses, lost wages, suffering and pain, along with other expenses. Manhattan truck accident lawyers from Cellino Law are prepared to pursue justice for their clients and fight for the compensation they deserved.
GPS tracking is among the most efficient technologies in cases of accident. These devices are an integral part of the trucking industry and usually include a range of important data that can be used to determine the liability. A Qualcomm system provide important information like speed of braking, engine performance, and service hours. This information can be used in conjunction with other evidence like eyewitness testimony to reconstruct the scene of the crash.
Other crucial pieces of information in a truck accident investigation could be evidence from the telematics software used by the trucking company and dash cameras. Telematics is a collection of data gathered by a vehicle's onboard computer. It is used for fleet driver coaching as well as to record incidents. This could include vital information like speed, harsh braking, phone usage and more. This can be compared against the log books of the truck driver to determine whether accurate records were maintained.
A fax log of any communications regarding the trip before the accident is also vital. This can include information about the route and the destination, any stops along the way, and even the record of any communication between the truck driver and the company. This information can be used by a skilled personal injury lawyer to prove that the trucker was distracted or following unsafe procedures.
If the victim of a car accident can prove that the trucking company, driver, or any other defendants, did not perform their duty of care and caused the accident, then they should be held accountable for any injuries that occur as a result. To prevail, the plaintiff must prove that the defendant acted in violation of the law or regulation and this breach directly caused harm. It is much simpler to prove that a violation of traffic laws was negligent however Federal regulations require a more thorough analysis.
The process of negotiating a settlement
In many instances the truck accident victim can settle their claim without having to go to trial. The process of negotiating settlement involves discussing the facts of your case with an insurance provider including the amount you are entitled to under the law of your state. An experienced attorney for truck accidents will evaluate your injuries and document the damages you have suffered due to the accident to determine much your case is worth. The attorney can then use the results from other similar lawsuits for truck accidents and the amount of compensation juries awarded victims in similar situations to calculate the amount of a fair settlement.
Your lawyer can also negotiate directly with the insurance company in order to ensure that the settlement you receive adequately covers the damages that are documented. This includes any amount you've lost because you were unable to work to receive treatment for your injuries. The lawyer can assist in submitting evidence for these losses, such as old pay bills. If you're not able to return to the exact same type of job because of the injuries you sustained, you could be entitled to compensation for the loss of future earning capacity as well.
Insurance companies typically begin the conversation by making a low-ball offer. This is a common tactic to determine how desperate you are for a settlement and could impact the value of your case. A seasoned attorney can prevent being low-balled by remaining at peace and not giving in to pressure to accept an inadequate settlement.
After your lawyer has negotiated an amount that is reasonable and fair, they will send the person responsible for the fault a written request for a settlement. The party must reply within 30 days otherwise you'll lose your right to pursue them in court. In some cases the trucking company could refuse to negotiate. Your attorney will file an action on behalf of the party who was negligent.
It is not possible to provide a general estimate of what an accident settlement for a truck is worth as each case is unique and has its own factors like the severity of your injuries and the amount of time you will miss from work to receive medical treatment. But, it's not uncommon for truck accident settlements to reach millions of dollars.