Truck Accident Litigation
The litigation involving truck accidents involves many possible defendants. They may include the truck driver and their employer, as well as a manufacturer that produced defective equipment or a contractor who loaded cargo in a way that was not properly.
Many trucks have event data recorders (also known as black boxes) which can aid investigators in determining how an accident occurred. An experienced personal injury lawyer will know how to link this information to log books.
Investigation of the Scene
In the event of a car crash the first step in an investigation is usually to collect evidence from the scene and then take photographs. Accidents involving trucks are distinct. There are many other factors to consider. For instance trucks are frequently transporting dangerous products, and even a relatively minor crash could result in serious or fatal injuries.
This is why the investigation process is more complicated than a typical car accident. It is also more time consuming, and it requires the assistance of experts in various fields. A lawyer with experience can help you find the right people to complete this job.
Interviewing eyewitnesses is a crucial element of a thorough truck accident investigation. Experts are also required to reconstruct the crash based on the collected physical evidence. This information is crucial in finding a defendant accountable for the accident.
Additionally, an attorney must request any details from the truck driver and the company that might be relevant to the case. This could include information on the safety guidelines of the trucking company maintenance protocols, as well as training procedures. The background of the driver is crucial. This includes any prior incidents, reprimands and drug/alcohol tests results.
Another thing to be gathered is the data from the truck's black-box. These devices are similar to ones that are installed in airplanes, and they can provide a lot of information about how the accident occurred. phoenix truck accident lawsuit should get this information as soon as you can, since it could fade over time due to the elements or passing traffic.
A lawyer should also collect medical records of the victims. These documents will prove that the injuries suffered during the accident have caused lasting and extensive damage. It is crucial to keep these documents along with any medical notes and treatment schedules.
Expert Witnesses
The majority of truck accidents are settled between insurance company, the victim and the trucking company. However, some do NOT and must be brought to court. This is where expert witnesses play an important role. They are professionals with the knowledge, training and experience to assess information in your case and then present their findings to the jury. They can explain complicated mechanical, physical, medical and economic concepts that the majority of jurors have little or no understanding of.
The type of expert witness required they can range from as simple as a car mechanic who can identify why your vehicle was damaged during the crash and metallurgists who conduct a failure assessment on an individual truck component, or pathologists who can determine the causes of death. They may also be required to testify and examine specific aspects of your case such as the force of the collision, vehicle velocity, or even the reconstruction of the accident.
Medical experts are also required to determine the extent and severity of your injuries. Insurance companies frequently contest this area, claiming that you exaggerate the severity of your injuries or that they have pre-existing conditions and that the accident did not cause any further damage. In these cases the lawyer will call in an independent medical expert to challenge the testimony of the insurance company's doctor.
A witness who is an expert in the field can be helpful in proving a trucker was negligent. They can use their expertise to assist the jury in understanding how the truck driver did not perform his or her job, what the failure led to and the financial consequences of that inattention for you.
GPS Tracking
It is not uncommon that victims of truck accidents suffer severe injuries. They should be compensated for medical bills, lost wages and pain and suffering, and other expenses. Cellino Law, a Manhattan truck accident lawyer firm is ready to fight for justice and compensation for their clients.
One of the most beneficial tools in the event of an accident is GPS tracking. These devices are employed by the trucking industry, and typically contain a range of important information that can help determine the liability of the driver. A Qualcomm system can provide, for instance, important information, such as speed, braking performance as well as engine performance and service hours. This information can be used in conjunction with other evidence like eyewitness testimony to reconstruct the scene of the crash.
Dash cams as well as telematics records could be helpful in the event of a truck crash. Telematics refers to the data gathered by a vehicle's onboard computer, which is utilized for coaching fleet drivers and to record incidents. This data could include speed, harsh braking, and phone usage. This information can be compared with the log books of the truck drivers to determine if they had accurate records were recorded.
A fax log of any communication about the trip prior to the accident is equally important. This could include the route, destination, and any stops during the trip and any messages exchanged between the trucker and the company. This can be used by a knowledgeable personal injury lawyer to show that the truck driver was distracted or did not follow safe procedures.
If a truck accident victim can prove that the trucking company, driver, or any other defendants, failed to meet their duty of care, and caused the collision and caused the accident, they should be held accountable for any injuries sustained due to the collision. To prevail in a lawsuit, the plaintiff must prove that the defendant acted in violation of any law or regulation, and this breach directly caused harm. It is simpler to prove that a violation was not negligent in the context of traffic laws, however federal regulations require a much more complicated analysis.
The process of negotiating a settlement
In many instances, truck accident victims are able to settle their claims without going to court. The process of reaching settlement is to discuss the facts of your case with an insurance provider including the amount you are legally entitled to under state law. A skilled attorney in truck accidents can assess your injuries and document the damages you've suffered as a result of the crash to determine how the value of your case is. The attorney can draw on the results of similar cases of truck accidents and how juries have awarded victims in similar situations to decide on a fair settlement amount.
Your lawyer can also negotiate directly with the insurance company in order to ensure that the settlement you get is adequate to cover the losses which are documented. This includes any money that you lost because you missed work to get treatment for your injury. Lawyers can assist in submitting the necessary documentation for these losses, such as old pay bills. If you are unable to return to the same sort 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 discussion by making an offer of low value. This is a typical tactic to determine how desperate are to settle and can affect the value of your case. A lawyer who is experienced can avoid being lowballed by remaining calm, and never succumbing to pressure to accept an offer that is not satisfactory.
After your lawyer has reached an acceptable settlement amount, they will send a settlement demand in writing to the at-fault party and they must respond within 30 days, or your right to take action against the responsible party in court will be revoked. In some cases, a trucking company will not negotiate and your lawyer will file a lawsuit against the negligent party.
It is impossible to give an estimate of the value of a settlement since each case is different. For example the severity of the injuries and how long you'll be off from work to receive medical treatment are factors that differ. Settlements from truck accidents can amount to millions of dollars.