Truck Accident Litigation
The litigation involving truck accidents involves numerous potential defendants. It could include the truck driver and their employer, and a manufacturer that manufactured defective equipment or a contractor who loaded cargo improperly.
Many trucks are equipped with event data recorders (also called black boxes) which can aid investigators in determining how the crash took place. Personal injury attorneys with experience will be able to verify the data contained in log books.
Investigation of the Scene
If a car accident happens the first step of an investigation is to collect evidence from the scene and take pictures. When it comes to truck accidents, there are many more factors to take into consideration. For instance, trucks are often transporting dangerous items and even a minor crash could result in serious or fatal injuries.
The investigation process is therefore more complex than a typical car accident. denton truck wreck lawyer is also more time-consuming and requires the help of experts in a variety of fields. Fortunately, a qualified lawyer can connect you to the best people for this job.
The process of interviewing eyewitnesses is a vital part of a thorough accident investigation. Experts are also required to reconstruct the accident based on the collected physical evidence. This is essential in finding a defendant accountable for the accident.
A lawyer should also ask the trucking company and the driver for any information that could be relevant to a case. This could include information about the trucking company’s safety policies, maintenance protocols, and training procedures. Also, the history of the truck driver is vital like any prior incidents, reprimands or results of a drug/alcohol test.
The data gathered from the black box in the truck is a different element of evidence that should be collected. These devices are similar to the ones that are installed in planes, and they can provide a great deal of information regarding the circumstances of the accident. Your lawyer should request this information as soon as you can, since it could be lost due to the elements or passing traffic.
Additionally, an attorney must also collect medical records from the victims of the crash. These records will prove that the injuries sustained in the crash have caused substantial and lasting damage. It is vital to preserve these documents, as well as any medical notes or treatment schedules that are available.
Expert Witnesses
Although the majority of truck accidents result in an agreement between the insurance company and the injured party however, some don't and have to be tried in court. Expert witnesses are vital in these cases. They are professionals with the knowledge, training and expertise to review the evidence in your case, and then present their findings to the jury. They can explain complicated medical concepts, mechanical concepts, and economic concepts to jurors with only a basic understanding of them.
Depending on the type of expert witness required they can be as simple as a mechanic who can determine why your vehicle was damaged during the accident and metallurgists that can perform a failure analysis on an individual truck component or pathologists who determine the cause of death. They may also be required to look into and testify on particular aspects of your case like the impact of the crash as well as the velocity of the vehicle or accident reconstruction.
Another crucial area where experts are called in is to help medical experts determine the severity of your injuries. This is a subject which can be a major issue by the insurance company, as they try to argue that you have exaggerated your injuries or that they were pre-existing and that the accident did not cause any additional damage. In these cases, your attorney may call an independent expert to refute the insurance's doctor's testimonies.
A witness who is an expert in the field can be very helpful in proving that a trucker was negligent. Expert witnesses will utilize their knowledge to help the jury understand the reasons why the truck driver was unable to perform his or her job, what the failure led to, and the resulting financial consequences of that inattention for you.
GPS Tracking
It is not uncommon to see victims of truck accidents suffer serious injuries. They are entitled to compensation for medical bills, lost wages and suffering, and other expenses. 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 efficient technologies in the event of an accident. These devices are employed by the trucking industry and usually contain a range of important information that help determine the liability of the driver. A Qualcomm system, for example can provide crucial data on speed as well as braking performance, engine performance and service hours. This information can be combined with other evidence, such as eyewitness accounts, to reconstruct the scene of the crash.
Dash cams and telematics reports may also be valuable during a truck collision. Telematics is a set of data gathered by the vehicle's onboard computer, which is used for fleet driver coaching and to record incidents. This may include crucial details like speed, rough braking, phone usage and more. It can be compared with the log books of the truck driver to see whether accurate data was recorded.
A fax recording of any communications regarding the trip prior to the accident is equally important. This could include the route, destination, and any stops on the way and any messages sent between the trucker and the company. A skilled personal injury lawyer can use this to prove that the trucker was distracted, not following safe procedures, or taking risks that were not necessary.
If a truck accident victim can prove that the trucking company or driver, or any other defendants, failed to meet their duty of care and caused the collision and resulted in the collision, then they should be held accountable for any injuries incurred as a result. Plaintiffs must show that the defendants broke a law or regulation, and that this violation caused harm. It is easier to prove that a violation was not negligent in the context of traffic laws, but federal regulations require a much more complex analysis.
The process of negotiating a settlement
In most cases, truck accident victims are able to settle their claims without having to go to court. To negotiate an agreement, you'll need to discuss the facts of your crash with the insurance company. This includes the amount to which you are entitled to under the law of your state. An experienced truck accident attorney can assess your injuries and document the losses you have suffered due to the crash to determine how much your case is worth. The lawyer can then utilize the results of similar lawsuits involving truck accidents and how juries awarded victims in similar situations to determine an acceptable settlement amount.
Your lawyer can also negotiate with the insurance company to make sure that the settlement you receive covers your documented damages. This will include any amount you've lost because of your inability to work to seek treatment for your injuries. The lawyer can assist you provide evidence of these losses, such as old pay receipts. If you're unable to return to the exact same type of job because of your injuries, you may be entitled to compensation for the loss of future earning capacity as well.
Insurance companies will often start the conversation with a low-ball offer. This is a typical tactic to determine how desperate you are to negotiate a settlement and can impact the value of your case. A seasoned attorney can prevent being snubbed by a judge by remaining unflinching and never yielding to pressure to accept a low settlement.
After your lawyer has agreed to an amount that is reasonable, they will send the person at fault a written demand for a settlement. The other party must respond within 30 days or you'll lose your right to take them to court. In some cases the trucking company could refuse to negotiate. Your lawyer will file a lawsuit on behalf of the party who was negligent.
It is impossible to provide an estimate of the value of a truck accident settlement as each case is unique. For instance the severity of the injuries and the time you'll be off from work to receive medical treatment are two factors which can be different. Settlements from truck accidents can amount to millions of dollars.