Truck Accident Litigation
There are a variety of plaintiffs in litigation over truck accidents. They may include the truck driver and their employer as well as a producer who produced defective equipment, or a company that loaded cargo improperly.
Many trucks are equipped with event data recorders (also called black boxes) that can assist investigators in determining the cause of the crash took place. Personal injury attorneys with experience will be able to verify the log book information with the accident.
Investigation of the Scene
When a car accident occurs the first step in an investigation is to gather evidence in physical form and take photographs. Truck accidents are not the same. There are many other factors to consider. For instance trucks often transport dangerous goods, and even a relatively minor accident can cause serious or fatal injuries.
The process of investigation is more complex than the typical car accident. It takes more time and requires the help of experts from different areas. Fortunately, a qualified lawyer can help you connect with the most qualified people to do this job.
An exhaustive investigation into a truck accident includes interviewing eyewitnesses, as well as going to the scene of the crash. Experts are also required to reconstruct the incident from the physical evidence. This information is crucial to the case of a defendant being held accountable for the incident.
A lawyer should also contact the trucking company and the driver for any information that may be relevant to a case. This could include information on the safety policies of the trucking company, maintenance protocols, and training procedures. Also, the background of the truck driver is important, such as any past incidents, reprimands or alcohol/drug test results.
Another source of evidence to look for is the information from the truck's black-box. These devices, which are similar to those used in planes, can provide many details about the incident. Your attorney should request this information as soon as possible, as it could be lost due to weather conditions or the passing traffic.
The attorney should also obtain medical records from the victims of the crash. These records will prove that the injuries sustained during the crash caused a significant and lasting injury. It is vital to preserve these documents, along with any medical notes or treatment schedules that are available.
Expert Witnesses
While the majority of accidents involving trucks result in a settlement between the insurance company and the party who was injured Some do not, and must be heard in the court. Expert witnesses are critical in these cases. They are professionals with the experience, knowledge and expertise to review the evidence in your case and then present their findings to the jury. They can explain complex mechanics, medical concepts and economic concepts to jurors with little or no knowledge of them.
Depending on the kind of expert witness required they can range from as simple as a mechanic who can determine why your vehicle was damaged during the accident and metallurgists who conduct a failure analysis of a specific truck part or pathologists who determine the reason for death. They could be required to look into and testify on particular aspects of your case, such as the force or the crash and the velocity of the vehicle, or the accident reconstruction.
Another important area where experts are called in is for medical experts to determine the severity of your injuries. This is a subject that can be heavily contested by the insurance company, as they will try to claim that you have exaggerated your injuries or that they were pre-existing injuries and that the accident did not cause them any additional damage. In these cases your lawyer will bring an independent medical expert to counter the insurance company's doctor's testimony.
A witness who is an expert in the field can be extremely useful in proving that a trucker was negligent. They will use their expertise to assist the jury in understanding the reasons why the truck driver failed to do his or her job, the consequences this negligence caused, and the resulting financial repercussions of the negligence for you.
GPS Tracking
It is not uncommon for victims of truck accidents suffer serious injuries. They deserve financial support to deal with medical bills and lost wages, as well as 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 one of the most useful technologies in cases of accident. These devices are a staple of the trucking industry and frequently have a variety of important information that could be used to determine liability. A Qualcomm system, for instance can provide vital information on speed and braking, engine performance and service hours. This can be used in conjunction with other evidence, such as eyewitness testimony to reconstruct the scene of the crash.
Other crucial pieces of information in a car accident incident could include the records of the trucking company's telematics program and dash cameras. Telematics refers to the data gathered by a vehicle's onboard computer. It is used for training of fleet drivers as well as to record incidents. It can contain important information such as speed, hard brakes, phone usage and more. This information can be compared with the log books of the truck driver to determine if the correct records were maintained.
Another crucial piece of information is any fax messages that were sent regarding the trip prior the accident. This can include information about the route and the destination, any stops during the journey, and even the record of any communication between the driver of the truck and the company. This can be used by an experienced personal injury lawyer to prove that the truck driver was distracted or ignoring safety procedures.
If a truck accident victim can prove that the trucking company or driver or any other defendants failed to perform their duty of care and caused the accident and caused the accident, they should be held accountable for any injuries suffered due to the collision. To prevail in a lawsuit, the plaintiff must prove that the defendant violated the law or regulation and this breach directly caused harm. It is much easier to prove that a breach of the traffic law was wrongful however, Federal regulations require a more complex analysis.
Negotiating a Settlement
In many instances, truck crash victims can settle their claims without having to go to court. The process of reaching an agreement involves discussing the facts of your case with an insurance company, including the amount you are entitled to under the law of your state. A lawyer who is involved in a truck accident can evaluate your injuries and document the damages you suffered as a result to determine the value of your case. The attorney can draw on the results of similar cases of truck accidents and how juries have awarded victims in comparable 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 get will adequately cover the damage you've that are documented. This includes any money that you lost because you missed work to seek treatment for your injury. The lawyer can help you with the documentation required for these losses, which could include former pay stubs. If you're unable to return to the same sort of job because of the injuries you sustained, you could be entitled to compensation for loss of future earning capacity as well.
Insurance companies will often start the conversation by making a low-ball offer. This is a tactic used to test how desperate you are to settle your case and could impact the value of your case. A lawyer who is knowledgeable can avoid being deceived by staying calm and not allowing pressure to accept a settlement that is inadequate.
After your lawyer has agreed to an amount that is fair and fair, they will send the at-fault person a written request for settlement. The party must reply within 30 days or else you lose the right to pursue them in court. In some cases the trucking company might refuse to negotiate. Your attorney will then initiate an action on behalf of the negligent party.
It is difficult to give an estimate of the value of a truck accident settlement since each case is different. For fontana truck accident attorney of the injuries and the amount of time you'll miss work to receive medical treatment are factors that can vary. Settlements from truck accidents can amount to millions of dollars.