Truck Accident Litigation
Truck accident litigation covers an array of potential defendants. They could include the truck driver and their employer, as well as a producer that produced defective equipment or a company that loaded cargo in a way that was not properly.
Many trucks have event data recorders (also known as black boxes) that can assist investigators in determining what caused an accident occurred. Personal injury lawyers with experience will be able to match the data in log books.
Investigation of the Scene
In the event of a car crash the first thing to do is gather physical evidence. Accidents involving trucks are distinct. There are a variety of factors to be considered. Trucks are frequently carrying dangerous goods, and even a minor accident can cause serious or fatal injuries.
This is because the investigation process is more complex than the typical car accident. It takes more time and requires the assistance of experts from various fields. Luckily, a lawyer with experience can connect you to the most qualified people for this job.
An extensive investigation into a truck accident involves interviewing eyewitnesses as well as 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 information is vital in finding a defendant accountable for the incident.
Furthermore, an attorney should seek out any information from the truck company and driver that could be relevant to the case. This could include information about the safety policies of the trucking company maintenance protocols, policies for maintenance, and training procedures. Additionally, the past of the driver of the truck is crucial including any previous incidents, reprimands or alcohol/drug test results.
The information contained in the black box in the truck is an additional source of evidence that must be collected. burbank truck accident lawsuit , similar to those used in planes, can provide many details about the incident. The information you need should be requested as soon as possible by your attorney, because it could disappear over time due to the elements or the speed of traffic.
A lawyer should also gather medical records of the victims. These records will show that the injuries sustained in the accident have triggered long-lasting and substantial damage. It is crucial to save these documents, as well as any doctor's notes or treatment schedules that are accessible.
Expert Witnesses
Most truck accidents are settled between the insurance company, the victim and the trucking company. However, there are some that do NOT and must be taken to court. Expert witnesses are crucial in these cases. They are professionals with the education and experience to analyze the facts in your case and give their opinion to the jurors. They can explain complicated mechanical concepts, medical concepts, and economic concepts to jurors who have only a basic understanding of them.
Depending on the type of expert witness needed, they could be as basic as a car mechanic who will determine the reason your vehicle was damaged in the crash and metallurgists who perform a failure analysis on a specific truck part, or pathologists who can determine the cause of death. They may also be needed to review and testify about specific aspects of your case, such as the force of the collision and the speed of the vehicle, or even the reconstruction of the accident.
Another area in which experts are consulted is for medical experts to verify the severity of your injuries. This is a subject that is frequently contested by the insurance company as they try to argue that you're exaggerating your injuries or that they were pre-existing injuries and that the accident did not cause any additional harm. In these situations your lawyer will call an independent medical expert to counter the claims of the insurance company's doctor.
Additionally, an expert witness can be essential when it comes to proving that the trucker involved in the accident was negligent in any way. They will utilize their knowledge to assist jurors in understanding the truck driver's failure perform their duties and the financial consequences that resulted from that failure and how that lack of performance affected you.
GPS Tracking
It is not uncommon to see victims of accidents involving trucks suffer serious injuries. They are entitled to financial aid to deal with medical expenses, lost wages, suffering and related costs. Cellino Law, a Manhattan truck accident lawyer firm is ready to fight for justice and compensation for their clients.
GPS tracking is among the most effective technologies used in cases of accident. These devices are used by the trucking industry, and they often contain a wide array of data that can help determine responsibility. A Qualcomm system, for instance can provide vital information including speed as well as braking performance, engine performance and hours of service. This information can be paired with other evidence, for instance eyewitness accounts, to reconstruct the scene of a crash.
Dash cams and telematics records can also be useful in a truck accident. Telematics is a collection of information gathered by an automobile's onboard computer, which is utilized for coaching fleet drivers and to record incidents. This may include crucial details like speed, rough brakes, phone usage and more. This information can be compared to the log books of the truck driver to determine whether accurate records were recorded.
A fax log of any communication concerning the trip prior to the accident is also vital. This information can include the route, destination, any stops made along the way as well as any messages exchanged between the trucker and the company. This 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 can prove that the trucking company, truck driver or other defendants failed to adhere to their duty of care and caused the accident and the victim should be held responsible for any injuries sustained due to. Plaintiffs must show that the defendants violated a law or regulation, and that the violation caused harm. It is simpler to prove that a violation was negligent when it comes to traffic laws, but federal regulations require a more complex analysis.
Negotiating a Settlement
In many instances the truck accident victim can settle their case without having to go to trial. The process of reaching settlement involves discussing the facts of your case with an insurance provider including the amount you are entitled to under state law. An experienced lawyer for truck accidents can assess your injuries and record the losses you have suffered as a result of the crash to determine how much your case is worth. The attorney can then apply the results of 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 work directly with the insurance company in order to ensure that the settlement you receive is sufficient to cover the damages you have which are documented. This will include any money you've lost as a result of missing work to get treatment for your injuries. The lawyer can assist you document these losses, such as old pay stubs. If you are unable return to the same kind of job due to your injuries, you may be entitled to compensation for the loss of earning potential in the future as well.
Insurance companies usually begin the conversation by offering an offer that is not as high. This is a tactic used to determine how desperate are to settle your case and can impact the value of your case. A lawyer with experience can avoid being lowballed by remaining calm, and not allowing pressure to accept the terms of a settlement that are not adequate.
After your lawyer has reached an amount that is reasonable then they will mail the at-fault person an email request for settlement. The person who is responsible must respond within 30 days otherwise you'll lose your right to pursue them in court. In some instances the trucking company may not negotiate and your lawyer will file a lawsuit against the negligent party.
It is difficult to give an estimate of the value of a settlement since each case is unique. For instance, the severity of the injuries and how long you'll miss work to receive medical treatment are factors which can be different. Settlements from truck accidents can amount to millions of dollars.