Truck Accident Litigation
Truck accident litigation can involve an array of potential defendants. These defendants may include the driver of the truck as well as their employer as and a business that manufactured defective equipment, or a contractor who loaded cargo incorrectly.
Many trucks have event data recorders (also known as black boxes) which can aid investigators in determining how a crash happened. Personal injury attorneys with experience will be able match the data in log books.
Investigation of the Scene
In the case of a car accident, the first thing to do is gather evidence. However, in the case of truck accidents there are a variety of things to consider. Trucks are often carrying dangerous products and even a minor accident could result in fatal or serious injuries.
Due to this, the investigation process is more complicated than that of a normal car accident. It is also longer, and it requires the help of experts in various areas. Luckily, a reputable lawyer can help you connect with the most qualified people for this job.
An exhaustive investigation into a truck accident includes interviewing eyewitnesses, as well as going to the site of the crash. It also requires the assistance of experts who can determine the events that led to the accident based on the physical evidence that is collected. This is essential in finding a defendant accountable for the accident.
Furthermore, an attorney must request any information from the trucking driver and company that may be relevant to the case. This could include information about the trucking company’s safety policies maintenance protocols, as well as training procedures. The history of the driver is also important. This could include any previous incidents, reprimands and drug/alcohol test results.
Another evidence source to look for is the information from the truck's black box. These devices are similar to the ones found in airplanes, and are able to provide a lot of information on how the accident happened. Your lawyer must ask for this information as fast as possible, as it could be lost due to weather or the passing traffic.
A lawyer should also collect medical records of the victims. These records will aid in proving that the injuries suffered during the crash resulted in significant and long-lasting damage. It is essential to keep these documents, as well as any doctor's notes or treatment schedules that are available.
Expert Witnesses
Although the majority of accidents involving trucks result in a settlement between the insurance company and the party who was injured but some do not and must be heard in court. Expert witnesses are essential in these cases. They are experts with the training and knowledge to evaluate the evidence in your case and give their opinion to the jurors. They can explain complicated medical, physical, mechanical, and economic concepts that a majority of jurors have little or no understanding of.
Depending on the kind of expert witness needed, they can range from as simple as a mechanic who can figure out why your vehicle was damaged during the crash or metallurgists who conduct a failure assessment on a specific truck part or pathologists who determine the cause of death. They may also be required to examine and testify about specific elements of your case, such as the force of the crash, vehicle velocity, or even the reconstruction of the accident.
Medical experts are also required to verify the extent and severity of your injuries. Insurance companies often challenge the claim that you exaggerate your injuries or that they have pre-existing conditions and that the incident didn't cause any additional harm. In these instances, your attorney will call in an independent medical expert to contest the insurance company's doctor's testimony.
Finally, an expert witness can be essential when it comes to showing that the truck driver involved in the accident was negligent in any way. Expert witnesses will utilize their knowledge to assist the jury in understanding the reasons why the truck driver was not doing his or her job, the consequences this negligence caused and the financial consequences of that negligence for you.
GPS Tracking
When accidents with trucks occur it is not uncommon for victims to sustain serious injuries. They should be compensated for medical bills, lost wages and suffering and pain, along with other expenses. Manhattan truck accident lawyers from Cellino Law are prepared to fight for justice on behalf of their clients and fight for the compensation they deserve.
One of the most beneficial technological tools in any accident case is GPS tracking. These devices are utilized by the trucking industry and often contain a wide array of data that can help determine responsibility. A Qualcomm system can provide, for instance, important information, such as speed as well as braking performance engine performance, service hours. This information can be paired with other evidence, such as eyewitness testimonies, to reconstruct the scene of an accident.
Dash cams and telematics records may also be valuable in the event of a truck crash. Telematics is a set of information gathered by an automobile's onboard computer. It's used to coach fleet drivers and to record incidents. This information can include speed, harsh braking, and phone usage. This information can be compared with the log books of the truck driver to determine if accurate records were kept.
A fax recording of any communications regarding the trip before the accident is also crucial. This information can include the route, destination, and any stops during the journey as well as any messages exchanged between the trucker and the company. A seasoned personal injury lawyer can use this to show that the trucker was distracted, followed unsafe procedures, or taking unnecessary risks.
If a person injured in a collision with a truck is able to prove that the trucking company, driver, or any other defendants failed to uphold their duty of care and caused the accident and the victim should be held accountable for any injuries that may have occurred as a result. To prevail, the plaintiff must show that the defendant acted in violation of any law or regulation, and that the breach directly caused harm. It is much simpler to prove that a violation of the traffic law was wrongful, but Federal regulations require a more thorough analysis.
The process of negotiating a settlement
In many cases victims of truck accidents is able to settle their case without going to trial. The process of reaching a settlement involves discussing the facts of your case with an insurance firm and determining the amount you are legally entitled to under state law. An experienced lawyer for truck accidents can evaluate your injuries and document the losses you have suffered in the crash to determine how your case is worth. The attorney will take the findings of similar cases of truck accidents and how juries have rewarded victims in similar situations to determine the amount of a fair settlement.
medford truck accident attorney can also work directly with the insurance company to ensure that the settlement you get is adequate to cover the losses that are documented. This will include any money you have lost as a result of missing work to get treatment for your injuries. The lawyer can help you with the documentation required for these losses, such as old pay receipts. If your injuries hinder you from returning to your previous job, you may also be entitled to compensation.
Insurance companies usually begin the conversation by making a low-ball offer. This is a typical tactic to test how desperate you are to settle your case and can impact the value of your case. A seasoned attorney can prevent being mistreated by remaining unflinching and never yielding to pressure to accept an inadequate settlement.
After your lawyer has reached a reasonable settlement amount, they will send a written demand for settlement to the responsible party that must be addressed within 30 days or your rights to take action against the responsible party in court will be revoked. In some cases the trucking company may refuse to negotiate and your attorney will start a lawsuit against the negligent party.
It isn't possible for us to provide an estimate for how much the settlement from a truck accident is worth as each situation is different such as the extent of your injuries and the amount of time you'll be absent working to undergo medical treatments. Truck accident settlements can reach millions of dollars.