Truck Accident Litigation
There are many potential defendants in the litigation involving truck accidents. It could include the truck driver and their employer as well as a company who produced defective equipment, or a contractor that loaded cargo in a way that was not properly.
Many trucks have event data recorders, sometimes referred to as black boxes, which can aid investigators in determining the cause of a crash occurred. Experienced personal injury attorneys will be able to connect the information with log books.
Investigation of the Scene
In the case of a car accident the first thing to do is gather physical evidence. In truck accidents, however there are a variety of aspects to be considered. For instance, trucks are often transporting dangerous items and even a minor crash can result in serious or fatal injuries.
The investigation process is therefore more complex than a typical car accident. It takes more time and requires the help of experts from a variety of fields. A lawyer who is experienced can help you locate the right professionals to handle this task.
A thorough investigation into the cause of a truck crash involves interviewing eyewitnesses and going to the scene of the accident. It also requires the help of experts who are able to reconstruct what happened on the evidence that is collected. This is essential in making a defendant accountable for the occurrence.
A lawyer must also inquire of the trucking company and the driver for any information that may be relevant to a specific 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 crucial. This includes any past incidents, reprimands or drug/alcohol tests.
longmont truck accident lawyer from the black box of the truck is a different element of evidence that should be gathered. These devices, similar to those used in planes, can provide many details about the accident. Your lawyer must request this information as soon as you can, since it could fade over time due to weather or passing traffic.
Additionally, an attorney must also collect medical records from the victims of the crash. These documents will assist in proving that the injuries suffered in the crash have caused a significant and lasting injury. It is essential to keep these documents, as well as any medical notes or treatment plans that are available.
Expert Witnesses
While the majority of accidents involving trucks result in an agreement between the insurance company and the person who was injured but some do not and need to be tried in the court. Expert witnesses are crucial in these cases. They are experts with the knowledge and training required to evaluate the information in your case, and provide their opinions to jurors. They can explain complicated mechanical, physical, medical, and economic concepts that most jurors lack understanding of.
Depending on the kind of expert witness needed, they can range from as simple as a mechanic who can identify why your vehicle was damaged during the accident, to metallurgists who can perform a failure analysis on the specific part of your truck or pathologists who determine the reason for death. They could also be required to examine and testify about specific aspects of your case such as the force of the collision or the vehicle's speed, or even the reconstruction of the accident.
Medical experts are also required to verify the extent and severity of your injuries. This is an area that can be heavily contested by the insurance company, as they try to argue that you have exaggerated your injuries or that they were pre-existing injuries and that the accident didn't cause them any additional damage. In these instances your lawyer will bring in an independent medical expert to challenge the claims of the insurance company's doctor.
In the end, an expert witness can be vital when it comes to showing that the truck driver involved in the accident was negligent in any way. They will utilize their knowledge to help the jury understand the truck driver's failure to perform his or her duties as well as the financial implications which resulted from this failure and how the failure affected you.
GPS Tracking
When truck accidents occur, it is not unusual for victims to sustain serious injuries. They deserve financial assistance to cover medical bills as well as lost wages, suffering and related expenses. Manhattan truck accident lawyers from Cellino Law are prepared to find justice for their clients and fight for the compensation they deserve.
One of the most effective technological tools in the event of an accident is GPS tracking. These devices are a common feature of the trucking industry and often contain a range of vital information that can be used to determine liability. A Qualcomm system, for instance provides important information about speed and braking engines performance and hours of service. This 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 can also be useful in the event of a truck crash. Telematics is the collection of data gathered by a vehicle's onboard computer that is used for fleet driver coaching and also 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 determine whether accurate data was recorded.
Another crucial piece of information is any fax records that may have been sent out regarding the trip prior to the accident. This could include information on the route and destination, as well as any stops along the way, and even a record of any messages between the driver of the truck and the company. An experienced personal injury lawyer can use this information to prove that the trucker was distracted, following unsafe procedures, or taking risks that were not necessary.
If the victim of a car accident can prove that the trucking company or driver, or any other defendants failed to meet their duty of care and caused the accident, then they should be held accountable for any injuries that occur due to the collision. To prevail in a lawsuit, the plaintiff must show that the defendant acted in violation of the law or regulation and that the breach directly caused harm. It is much simpler to prove that a violation of a traffic law was negligent however Federal regulations require a more intricate analysis.
The process of negotiating a settlement
In many instances truck accident victims can settle their claim without having to go to trial. The process of negotiating settlement is to discuss the facts of your case with an insurance provider which includes the amount you are entitled to under the law of the state. A lawyer who handles truck accidents can evaluate your injuries and document the damages you suffered as a result to determine the worth of your case. The attorney will then be able to use the results of similar lawsuits for truck accidents and the amount of compensation juries awarded victims in similar circumstances 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 is sufficient to cover the damages you have which are documented. This includes money you've lost due to your inability to work to receive treatment for your injury. Lawyers can assist you in submitting evidence for these losses, such as old pay statements. If your injuries prevent you from returning to the same job, you could be eligible for compensation.
Insurance companies usually begin the conversation by making a low-ball offer. This is a common tactic to determine how desperate you are to settle your case and could affect the value of your case. An experienced attorney can avoid being mistreated by remaining neutral and refusing to give in to pressure to accept a low settlement.
After your lawyer has agreed to an amount that is reasonable then they will mail the person who is at fault an email request for a settlement. The other party must respond within 30 days otherwise you'll lose the right to take them to court. In some instances, a trucking company will refuse to negotiate and your attorney will pursue a lawsuit against a negligent party.
It is difficult to give an estimate of the worth of a truck accident settlement since each case is unique. For instance the severity of injuries and the amount of time you will be away from work for medical treatment are factors that vary. However, it isn't common for settlements for truck accidents to be worth millions of dollars.