Truck Accident Litigation
There are a variety of defendants in the litigation involving truck accidents. They could include the truck driver and their employer, as well as a producer who produced defective equipment, or a contractor who loaded cargo improperly.
Many trucks are equipped with event data recorders, also referred to as black boxes. These will help investigators determine the reason the crash took place. An experienced personal injury lawyer will 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 physical evidence. In truck accidents, however there are a variety of things to think about. For instance, trucks are often transporting dangerous products and even a minor crash can cause serious or fatal injuries.
Because of this, the investigation process is more complex than that of a normal car accident. It is also longer, and it requires the help of experts from various fields. A lawyer who is experienced can help you find the right people to complete this work.
kent truck accident lawsuit into a truck accident includes interviewing eyewitnesses, as well as going to the site of the accident. It also requires the assistance of experts who can determine the events that led to the accident based on the physical evidence gathered. This information is vital in making a defendant accountable for the occurrence.
Additionally, an attorney should seek out any information from the trucking driver and company that may be relevant to the case. This could include details regarding the safety policies of the trucking company or training procedures, as well as maintenance protocols. Also, the background of the truck driver is vital including any previous incidents, reprimands, or results of a drug/alcohol test.
The information contained in the black box of the truck is yet another element of evidence that should be gathered. These devices are similar to the ones that are installed on airplanes and can provide a great deal of information on what caused the accident. The information you require should be sought immediately by your attorney, as it could fade away over time because of the elements or passing traffic.
A lawyer should also collect medical records of the victims. These records will prove that the injuries suffered during the crash caused substantial and lasting damage. It is vital to preserve these documents, as well as any doctor's notes or treatment schedules that are available.
Expert Witnesses
Although the majority of truck accidents result in an agreement between the insurance company and the injured party but some do not and must be tried in court. Expert witnesses play a key role. They are experts who have the knowledge, training and expertise to analyze the evidence in your case, and then present their findings to the jury. They can explain complicated mechanics, medical concepts and economic concepts to jurors with very little or no knowledge of them.
Expert witnesses can range from a straightforward car mechanic to a metallurgist who can examine the failure of a truck component or a pathologist who will determine what caused the death. They might be required to investigate and testify about specific aspects of the case, such as the force or crash and the velocity of the vehicle, or the reconstruction of the accident.
Another area in which experts are consulted is for medical experts to determine the severity of your injuries. This is an area which is often contested by insurance companies as they attempt to claim that you are exaggerating your injuries or that they were pre-existing injuries and that the accident didn't cause any additional damage. In these cases the lawyer will call an independent medical expert to challenge the doctor's testimony for insurance companies.
Lastly, an expert witness can be vital when it comes to proving that the trucker involved in the accident was negligent in some way. They will utilize their knowledge to help the jury understand the truck driver's inability to perform his or her duties, the financial consequences which resulted from this failure, and how that failure affected you.
GPS Tracking
When accidents with trucks occur it is not unusual for victims to suffer serious injuries. They deserve financial support to pay medical expenses, lost wages, pain and suffering and other associated costs. Cellino Law, a Manhattan truck accident lawyer firm, is prepared to fight for justice and compensation for their clients.
GPS tracking is among the most effective technologies used in cases of accident. These devices are employed by the trucking industry and they often contain a range of important information that help determine liability. A Qualcomm system, for example can provide vital information about speed and braking, engine performance and hours of service. This information can be combined with other evidence, such as eyewitness testimony, to reconstruct the scene of an accident.
Other important pieces of information in a car accident investigation could be evidence from the trucking company's telematics program and dash cameras. Telematics involves the collection of data collected by a vehicle’s onboard computer. This data is used to train fleet drivers and record incidents. The data can include speed, harsh braking and phone usage. This can be compared with the log books of the truck drivers to determine if they had accurate records were recorded.
Another important piece of information is any fax records that might have been transmitted regarding the trip prior the accident. This could include information on the route and destination, as well as any stops on the way, and even the details of any communications between the truck driver and the company. This information can be used by a skilled personal injury lawyer to show that the truck driver was distracted or did not follow safe procedures.
If a person injured in a collision with a truck can show that the trucking company, driver, or any other defendants failed to adhere to their duty of care and caused the collision and resulting injury, they should be held accountable for any injuries that may have occurred as a result. Plaintiffs must prove that the defendants violated a law or regulation, and that the violation caused harm. It is much easier to prove that a violation was not negligent when it comes to traffic laws, however federal regulations require a much more intricate analysis.
The process of negotiating a settlement
In many cases victims of truck accidents is able to settle their case without having to go to trial. The process of negotiating an agreement involves discussing the facts of your case with an insurance provider including the amount you are entitled to under state law. A lawyer for truck accidents can assess your injuries and document the losses you have suffered as a result to determine the worth of your case. The attorney can use the results of other similar truck accident cases and how juries have awarded victims in similar circumstances to decide on a fair settlement amount.
Your lawyer can also negotiate with the insurance company to ensure that the settlement you receive covers the documented damages. This includes any money you have lost due to missing work to get treatment for your injury. The lawyer can assist you provide evidence of these losses, such as old pay stubs. If you're not able to return to the exact same type of job due to your injuries, you may be eligible for compensation for the loss of future earning capacity as well.
Insurance companies usually begin the discussion by making an offer that is low. This is a typical tactic to gauge how desperate you are to settle your case and can impact the value of your case. A lawyer who is experienced will avoid being slammed by staying calm and never allowing pressure to accept a settlement that is inadequate.
After your lawyer has negotiated an amount that is reasonable and fair, they will send the at-fault person a written request for a settlement. The person who is responsible must respond within 30 days, or you'll lose the right to bring a lawsuit against them in court. In some instances the trucking company might refuse to negotiate. Your lawyer will start an action on behalf of the negligent party.
It is not possible to give an estimate of the worth of a truck accident settlement as each case is unique. For example the severity of injuries and the length of time you'll be away from work for medical treatment are some of the factors that differ. But, it's not unusual for settlements in truck accidents to be worth millions of dollars.