Truck Accident Litigation
There are a lot of potential defendants in the litigation involving truck accidents. They could include the driver of the truck and their employer as also a company that manufactured defective equipment, or an individual contractor who improperly loaded cargo.
Many trucks have event data recorders (also known as black boxes) which can aid investigators in determining what caused 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 case of a car accident the first thing you need to do is collect evidence. In the case of truck accidents, however there are many other aspects to be considered. For instance, trucks are often transporting dangerous goods, and even a relatively minor crash can cause fatal or serious injuries.
The investigation process is more complex than a typical car accident. It takes more time and requires the assistance of experts from various fields. A lawyer who is experienced can assist you in finding the right people to complete this task.
A thorough investigation into the cause of a truck crash involves interviewing eyewitnesses and visiting the scene of the crash. It also requires the help of experts who can determine the circumstances of the crash based on the physical evidence that is collected. This is essential in finding a defendant accountable for the incident.
A lawyer should also inquire with the trucking company as well as the driver for any information that could be relevant to a particular case. This could include details regarding the safety guidelines of the trucking company training protocols, procedures for training, and maintenance procedures. Also, the history of the driver of the truck is crucial for any past incidents, reprimands or test results for alcohol or drugs.
The data gathered from the black box of the truck is a different source of evidence that must be gathered. These devices, which are similar to those found in planes, can provide an abundance of information regarding the accident. Attorneys must ask for this information as fast as possible, as it could disappear over time because of the elements or traffic.
Finally, an attorney should also obtain medical records from the victims of the crash. These documents will prove that the injuries suffered during the crash caused long-lasting and significant damage. It is vital 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 person who was injured and the trucking company. However, there are some that do NOT and must be brought to the court. Expert witnesses play an important role. They are professionals with the training, knowledge, and expertise to evaluate the evidence in your case, and provide their opinions to the jury. They can explain complex medical, physical, mechanical and economic concepts that the majority of jurors are not aware of or have no understanding of.
Expert witnesses can vary from a basic car mechanic to a metallurgist able to evaluate the failure of a truck part or a pathologist to determine what caused the death. They might be required to examine and testify on particular aspects of your case, like the force or the crash or the vehicle's velocity, or the reconstruction of the accident.
Medical experts are also called upon to assess the extent and severity of your injuries. This is an area which is often contested by the insurance company, as they may try to claim that you have exaggerated your injuries or that they were pre-existing and that the accident didn't cause any additional harm. In these instances the lawyer will call an independent medical expert to challenge the claims of the insurance company's doctor.
A witness who is an expert in the field can be extremely helpful in proving that a truck driver was negligent. They will make use of their expertise to assist the jury in understanding how the truck driver was unable to perform his or her job, the consequences the failure led to and the financial consequences of that inattention for you.
GPS Tracking
When accidents with trucks occur, it is not unusual for victims to sustain serious injuries. They must be compensated for medical expenses, lost wages, pain and suffering, in addition to other costs. Manhattan truck accident lawyers from Cellino Law are prepared to pursue justice for their clients and fight to get the compensation they deserve.
GPS tracking is among the most useful technologies in the event of an accident. These devices are a standard of the trucking industry and often contain a range of vital information that can be used to determine liability. A Qualcomm system can provide important information such as speed and braking performance as well as engine performance and service hours. This information can be paired with other evidence, like eyewitness accounts, to reconstruct the scene of a crash.
Other crucial pieces of information in a truck accident incident could include the records of the trucking company's telematics program and dash cams. Telematics is the process of collecting data that is gathered by a vehicle's onboard computer. This data is used to coach fleet drivers and to record incidents. This could include vital data like speed, harsh brakes, usage of phones and more. This information can be compared with the log books of truck drivers to determine if accurate data was recorded.
Another important piece of evidence is any fax communications records that were sent out regarding the journey prior to the accident. This could include information on the route and destination, as well as any stops along the way, or even the details of any communications between the driver of the truck and the company. An experienced personal injury attorney can use this to prove that the truck driver was distracted, not following safe procedures or taking unnecessary risks.
When a truck accident victim can show that the trucking company, driver or any other defendants failed in their duty of care and caused the collision, they should be held accountable for any injuries sustained due to. Plaintiffs must prove that the defendants violated a law or regulation, and that the violation caused harm. It is easy to prove that a violation was not negligent in the context of traffic laws, however federal regulations require a more intricate analysis.
Negotiating a Settlement
In many cases, a truck accident victim can settle their claim without having to go to trial. The process of reaching a 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 truck accident attorney can assess your injuries and document the damage you've suffered due to the crash to determine how much your case is worth. The attorney can then apply the results from other similar truck accident lawsuits and the amount of compensation juries awarded victims in similar situations to calculate an appropriate settlement amount.
Your lawyer can also negotiate with the insurance company to ensure that the settlement you receive covers your documented damages. memphis truck accident attorney will include any amount you've lost because you were unable to work to receive treatment for your injuries. Lawyers can assist you to submit documentation for the losses, including old pay statements. If you're unable to return to the exact same type of job due to the injuries you sustained, you could be entitled to compensation for loss of future earning capacity as well.
Insurance companies often begin the conversation by offering an offer of low value. This strategy is used to determine how eager you are to settle your case. This could have a negative effect on the value of your claim. A lawyer with experience is able to avoid being mistreated by staying calm and not giving in to pressure to accept an offer that is not satisfactory.
After your lawyer has negotiated an amount that is reasonable and fair, they will send the at-fault person an official demand for a settlement. The person who is responsible must respond within 30 days, or you will lose your right to bring a lawsuit against them in court. In certain cases the trucking company may refuse to negotiate. Your attorney will then start an action on behalf of the party who was negligent.
It isn't possible to give a general estimate for the amount a settlement for a truck accident is worth, as each case is unique, such as the severity of your injuries and the amount of time you'll be absent from work due to medical treatments. However, it isn't common for settlements for truck accidents to be in the millions.