Truck Accident Litigation
There are many potential defendants in truck accident litigation. These defendants could include the driver of the truck and their employer as well as a company that manufactured defective equipment, or an individual contractor who improperly loaded cargo.
Many trucks are equipped with event data recorders (also called black boxes) which can aid investigators in determining why the crash occurred. Personal injury lawyers who are experienced be able to match this information with log books.
Investigation of the Scene
In the event of a car crash, the first thing to do is collect evidence. In truck accidents, however, there are many more things to think about. For example, trucks are often transporting dangerous products and even a minor crash can cause fatal or serious injuries.
This is why the investigation process is more complicated than that of a standard car accident. It is also more time consuming, and it requires the help of experts in a variety of fields. Fortunately, a lawyer who is qualified can connect you to the most qualified people for this job.
A thorough truck accident investigation involves interviewing eyewitnesses as well as visiting the site of the crash. It also requires the help of experts who can retrace how the accident happened based on the physical evidence that is collected. This information is vital in holding a defendant responsible for the accident.
A lawyer should also contact the trucking company and the driver for any information that might be relevant to a particular case. This could include information on the safety guidelines of the trucking company maintenance protocols, as well as training procedures. Also, the background of the driver of the truck is important including any previous incidents, reprimands, or results of a drug/alcohol test.
Another source of evidence to collect is the data from the black box of the truck. These devices, which are similar to those installed in planes, can provide a lot of information about the accident. Your attorney must get this information as soon as you can, since it could disappear over time due to weather or passing traffic.
In addition, the attorney should also collect medical records from the victims of the crash. These records will prove that the injuries sustained during the crash resulted in significant and long-lasting damage. It is vital to keep these documents, along with any medical notes and treatment schedules.
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 have to be tried in court. Expert witnesses play a crucial role. They are professionals who have the experience and training to evaluate the information in your case and provide their opinions to jurors. They can explain complicated medical concepts, mechanical concepts and economic concepts to jurors who have very little or no knowledge of them.
Depending on the type of expert witness you require, they could be as basic as a car mechanic who can identify why your vehicle was damaged in the accident or metallurgists who perform a failure analysis on the specific part of your truck, or pathologists who can determine the cause of death. They might be required to investigate and testify about particular aspects of your case, such as the force or the crash or the speed of the vehicle or the accident reconstruction.
Another important area where experts are called in is for medical experts to verify the severity of your injuries. Insurance companies will often contest this claim, claiming that you exaggerate your injuries or the fact that these were pre-existing injuries and that the accident didn't cause any additional damage. In these instances, your attorney may call in an independent expert who will challenge the insurance's doctor's testimonies.
In the end an expert witness can be vital when it comes to finding out that the trucker at fault in the accident was negligent in a certain way. They will make use of their expertise to assist jurors in understanding the truck driver's failure perform their duties as well as the financial implications which resulted from this failure, and how that failure affected the person who was affected.
GPS Tracking
It is not uncommon that victims of truck accidents suffer severe injuries. They deserve compensation for medical expenses, lost wages, pain and suffering, and other expenses. Manhattan truck accident lawyers from Cellino Law are prepared to seek justice for their clients and fight for the compensation they are due.
One of the most efficient pieces of technology in any accident scenario is GPS tracking. sugar land truck accident lawsuit are utilized by the trucking industry and typically contain a variety important data that help determine responsibility. A Qualcomm system, for example can provide vital information including speed, braking engine performance, and service hours. This information can be combined with other evidence, for instance eyewitness testimony to reconstruct the scene of an accident.
Dash cams as well as telematics records could be helpful during a truck collision. Telematics involves the collection of data collected by a vehicle’s onboard computer. This data is used to instruct fleet drivers and record incidents. This information can include speed, harsh braking, and phone usage. This information can be compared to the truck driver's log books to see whether accurate data was recorded.
A fax log of any communication regarding the trip before the accident is also crucial. This information can include the route, destination, and any stops during the trip as well as any messages sent between the trucker and the company. This information can be used by a skilled personal injury lawyer to prove that the trucker was distracted or did not follow safe procedures.
If a victim of a truck accident is able to prove that the trucking company, truck driver, or any other defendants failed to uphold their duty of care and caused the collision they must be held accountable for any injuries incurred as a result. To prevail in a lawsuit, the plaintiff must prove that the defendant violated the law or regulation and that the violation directly caused harm. It is much easier to prove that a breach of a traffic law was negligent however, Federal regulations require a more intricate analysis.
The process of negotiating a settlement
In many instances victims of truck accidents may settle their claim without going to trial. The process of negotiating settlement is to discuss the details of your case with an insurance provider and determining the amount you are entitled to under the law of your state. A lawyer who handles truck accidents can evaluate your injuries and document the damages you suffered in order to determine the worth of your case. The lawyer can then utilize the results from other similar truck accident lawsuits and how juries awarded victims in similar circumstances to determine a reasonable settlement amount.
Your lawyer can also negotiate directly with the insurance company in order to ensure that the settlement you receive will adequately cover the damage you've acknowledged. This includes money you've lost due to your inability to work to get treatment for your injury. Lawyers can assist you to submit documentation for the losses, including old pay stubs. If you are unable to return to the same kind of job because of your injuries, you may be entitled to compensation for loss of earning potential in the future as well.
Insurance companies usually begin the conversation by offering an offer of low value. This is a standard tactic to test how desperate you are to settle and can affect the value of your case. An experienced attorney can avoid being judged low-balled by staying unflinching and never yielding to pressure to accept a poor settlement.
Once your lawyer has agreed to a reasonable settlement amount, they'll send a written settlement demand to the at-fault party, which must be answered within 30 days, or your right to pursue the responsible party in court will be revoked. In some instances the trucking company may refuse to negotiate and your lawyer will pursue a lawsuit against a negligent party.
It is difficult to give an estimate of the value of a truck crash settlement because every instance is unique. For example the severity of injuries and the time you will be away from work to receive medical treatment are factors that vary. Settlements from truck accidents can amount to millions of dollars.