Truck Accident Litigation
There are many potential defendants in truck accident litigation. They could include the truck driver and their employer as well as a manufacturer that produced defective equipment or a company that loaded cargo in a way that was not properly.
Many trucks have event data recorders, also referred to as black boxes, that can help investigators determine how a crash occurred. An experienced personal injury lawyer will know how to match the information with log books.
Investigation of the Scene
In the event of a car crash, the first thing to do is gather evidence. Truck accidents are not the same. There are many other factors to be considered. Trucks often transport dangerous goods and even a minor incident can result in fatal or serious injuries.
This is because the investigation process is more complex than that of a normal car accident. It is also more time consuming, and it requires the help of experts in various fields. Fortunately, a lawyer who is qualified will connect you with the best people for this task.
A thorough investigation into the cause of a truck crash includes interviewing eyewitnesses, as well as going to the scene of the accident. Experts are also required to reconstruct the incident by analyzing the physical evidence. This is essential in making a defendant accountable for the occurrence.
Additionally, an attorney must request any information from the trucking driver and the company that could be relevant to the case. This could include information about the safety guidelines of the trucking company maintenance protocols, policies for maintenance, and training procedures. Also, the background of the truck driver is important like any prior incidents, reprimands, or results of a drug/alcohol test.
The data gathered from the black box in the truck is another piece of evidence that needs to be collected. These devices are similar to ones found in airplanes, and they are able to provide a lot of information regarding what caused the accident. Your lawyer should request this information as soon as you can, since it could be lost due to weather or traffic.
A lawyer should also collect medical records of the victims. These documents will help prove that the injuries suffered in the crash have caused substantial and lasting damage. It is essential to keep these documents, as well as any medical notes or treatment schedules that are available.
Expert Witnesses
Most truck accidents are settled between the insurance company, the person who was injured and the trucking company. However, some do NOT and must be taken to the court. This is where expert witnesses play an important role. They are professionals who have the knowledge, training, and expertise to evaluate information in your case and then provide their opinion to the jury. They can explain complex mechanics, medical concepts and economic concepts to jurors who have little or no knowledge of them.
Expert witnesses could be anything from a simple car mechanic to a metallurgist that can examine the failure of a part of the truck or a pathologist who will determine what caused the death. They might also be required to examine and testify about specific elements of your case, like the impact of the crash and the speed of the vehicle, or accident reconstruction.
Medical experts are also called upon to evaluate the severity and extent of your injuries. This is a subject that is frequently contested by insurance companies as they may try to claim that you're exaggerating your injuries or that they were pre-existing injuries and that the accident did not cause any additional damage. In these instances, your attorney will call in an independent medical expert who will challenge the testimony of the insurance company's doctor.
In the end an expert witness can be essential when it comes to proving that the trucker involved in the accident was negligent in some way. They will make use of their expertise to help the jury understand the truck driver's failure to perform his or her duties, the financial consequences of that failure and how the failure affected you.
GPS Tracking
When accidents involving trucks happen, it is not unusual for victims to suffer serious injuries. They are entitled to compensation for medical bills, lost wages and suffering, as well as other costs. Cellino Law, a Manhattan truck accident lawyer firm, is ready to fight for justice and compensation for their clients.
One of the most efficient tools in any accident case is GPS tracking. These devices are used by the trucking industry and often contain a range of important information that help determine the who is responsible. A Qualcomm system, for instance, provide important information such as speed, braking performance engine performance, service hours. This can be used in conjunction with other evidence, such as eyewitness testimony to reconstruct the scene of the crash.
colorado truck accident lawyer of valuable information in a truck crash case may include records from the trucking company's telematics software and dash cams. Telematics is a set of information gathered by an automobile's onboard computer. It's used to coach fleet drivers as well as to record incidents. The data can include speed, harsh braking, and phone usage. This information can be compared with the log books of the truck driver to see whether accurate data was recorded.
Another important piece of evidence is any fax communications records which may have been sent out regarding the trip prior to the incident. This information can include the route, destination, and any stops on the way along with any messages sent between the trucker and the company. This information can be used by a seasoned personal injury lawyer to show that the truck driver was distracted or did not follow safe procedures.
If the victim of a car accident can prove that the trucking company or driver, or any other defendants, failed to perform their duty of care and caused the collision and caused the accident, they should be accountable for any injuries sustained due to the collision. To win a case, the plaintiff must show that the defendant violated the law or regulation and this breach directly caused harm. It is easier to show that a violation of the traffic law was wrongful however, Federal regulations require a more intricate analysis.
The process of negotiating a settlement
In many cases truck accident victims can settle their case without having to go to trial. The process of negotiating settlement involves discussing the facts of your situation with an insurance company, including the amount you are entitled to under state law. An experienced lawyer for truck accidents can evaluate your injuries and record the losses you have suffered in the crash to determine how much your case is worth. Then, the attorney can take the findings of similar cases involving similar truck accidents as well as how juries have rewarded victims in similar circumstances to determine a fair settlement amount.
Your lawyer may also work with the insurance company to make sure that the settlement you receive adequately covers the damages you have documented. This will include any money you have lost because you were unable to work to receive treatment for your injuries. The lawyer can assist you provide evidence of these losses, which could include former pay receipts. If your injuries prevent you from returning to your previous job, you could be entitled to compensation.
Insurance companies usually begin the conversation by making an offer that is low. This is a common tactic to determine how desperate are to settle and could impact the value of your case. A lawyer who is knowledgeable can avoid being lowballed by staying calm and not allowing pressure to accept any settlement that isn't adequate.
Once your lawyer has agreed to a reasonable settlement amount, they will send a settlement demand in writing to the at-fault party, which must be answered within 30 days or your rights to sue the responsible party in court will be revoked. In some instances the trucking company may not negotiate and your attorney will file a lawsuit against the negligent party.
It isn't possible to provide a general estimate of how much a settlement for a truck accident is worth as each situation is different including the severity of your injuries and the amount of time that you'll be away from work due to medical treatments. However, it isn't unusual for settlements from truck accidents to be in the millions.