Truck Accident Litigation
Truck accident litigation covers an array of potential defendants. It could include the truck driver and their employer and a manufacturer that made defective equipment or a contractor that loaded cargo improperly.
Many trucks contain event data recorders, sometimes referred to as black boxes, that can aid investigators in determining the cause of the crash took place. An experienced personal injury lawyer will know how to link the data with log books.
Investigation of the Scene
In the event of a car crash the first thing to do is gather physical evidence. However, in the case of truck accidents, there are many more things to consider. For instance truck accidents often involve dangerous items, and even a relatively minor crash could result in severe or fatal injuries.
Due to this, the investigation process is more complex than a typical car accident. It takes longer and requires the assistance of experts from different areas. Luckily, a reputable lawyer will connect you with the most qualified people to do this job.
An exhaustive investigation into a truck accident involves interviewing eyewitnesses and going to the site of the crash. Experts are also needed to reconstruct the accident by analyzing the physical evidence. This information is vital in making a defendant accountable for the incident.
A lawyer should also ask the trucking company and the driver for any information that might be relevant to a particular case. This could include information on the safety policies of the trucking company training protocols, procedures for training, and maintenance protocols. The background of the driver is also important. This includes any past incidents, reprimands, or drug/alcohol tests results.
Another source of evidence to look for is the information from the truck's black box. These devices are similar to ones that are installed on airplanes and are able to provide a lot of details about the circumstances of the accident. The information you need should be requested as soon as you can by your attorney, since it could disappear over time due to the elements or the speed of traffic.
In addition, the attorney should also obtain medical records from the victims of the crash. These documents will help prove that the injuries sustained during the crash resulted in significant and long-lasting damage. It is crucial to preserve these documents, along with any medical notes or treatment plans that are available.
Expert Witnesses
While the majority of truck accidents result in an agreement between the insurance company and the party who was injured, some do not and need to be tried in court. Expert witnesses are critical in these cases. They are professionals with the experience, knowledge, and expertise to evaluate the evidence in your case, and present their views to the jury. They can explain complicated mechanical concepts, medical concepts and economic concepts to jurors with little or no knowledge of them.
Expert witnesses can range from a simple car mechanic to a metallurgist that can examine the failure of a part of the truck or a pathologist who can determine what caused the death. They might be required to examine and testify on particular elements of your case, for instance the force of the crash and the velocity of the vehicle, or the accident reconstruction.
Another crucial area where experts are consulted is for medical experts to determine 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 incident didn't cause any additional damage. In these cases your attorney can call an independent expert who will challenge the testimony of the insurance doctor.
Additionally an expert witness can be crucial to proving that the trucker who was involved in the accident was negligent in a certain way. Expert witnesses will utilize their knowledge to assist the jury in understanding how the truck driver did not perform his or her job, what this failure has caused and the financial consequences of that inattention for you.
GPS Tracking
When accidents with trucks occur it is not uncommon for their victims to sustain serious injuries. They are entitled to compensation for medical bills, lost wages and suffering and other expenses. Cellino Law, a Manhattan truck accident lawyer firm, is prepared to fight for justice and compensation for their clients.
GPS tracking is one of the most effective technologies used for accident cases. These devices are a staple of the trucking industry and frequently include a range of important information that could be used to determine the extent of liability. A Qualcomm system, for instance provides important information including speed brake engine performance, and hours of service. This information can be used in conjunction with other evidence such as eyewitness testimony to help reconstruct the scene of the crash.
Dash cams and telematics reports could also prove useful in the event of a truck accident. Telematics is the collection of data gathered by the vehicle's onboard computer. The data is used to train fleet drivers and to record incidents. This information can include speed, harsh braking and phone usage. This can be compared with the log books of truck drivers to determine if accurate records were maintained.
A fax report of any communications regarding the trip before the accident is also vital. This could include information on the route and destination, any stops on the way, and even an account of any messages between the driver of the truck and the company. An experienced personal injury attorney can use this information to prove that the truck driver was distracted, not following safe procedures, or taking unnecessary risks.
If a person injured in a collision with a truck can prove that the trucking company, driver, or any other defendants failed to perform their duty of care and caused the collision then they must be held accountable for any injuries that occur due to the collision. Plaintiffs must show that defendants violated a law or regulation, and that the violation caused harm. It is much simpler to show that a violation of a traffic law was negligent however Federal regulations require a more complex analysis.
The process of negotiating a settlement
In many instances victims of truck accidents can settle their claim without going to trial. To negotiate a settlement, you will have to discuss the details of your crash with the insurance company. This includes the amount that you are entitled under the law of your state. A skilled attorney in truck accidents can evaluate your injuries and document the losses you have suffered due to the crash to determine how the value of your case is. The attorney can use the results of other similar cases involving truck accidents and the way juries have awarded victims in similar situations to determine the amount of a fair settlement.
Your lawyer can also work directly with the insurance company to ensure that the settlement you receive will adequately cover the damage you've acknowledged. This includes any money you lost because you missed work to seek treatment for your injury. The lawyer can assist you provide evidence of these losses, which could include former pay statements. If hawaii truck accident lawyer are unable return to the exact same type of job due to the injuries you sustained, you could be entitled to compensation for the loss of future earning capacity as well.
Insurance companies often begin the conversation by making an offer that is low. This strategy is used to determine how desperate you are to settle your case and could have a negative impact on the value of your claim. A knowledgeable attorney can avoid being judged low-balled by staying unflinching and never yielding to the pressure to accept a shoddy settlement.
After your lawyer has negotiated an amount that is reasonable and fair, they'll send the person who is at fault an official demand for settlement. The other party must respond within 30 days, or you will lose the right to bring a lawsuit against them in court. In some instances a trucking company will refuse to negotiate, and your lawyer will file a lawsuit against the negligent party.
It is not possible to give an estimate of the value of a settlement because each situation is unique. For instance, the severity of the injuries and the amount of time you'll be off from work for medical treatment are some of the factors which can be different. But, it's not common for settlements for truck accidents to reach millions of dollars.