Truck Accident Litigation
The litigation involving truck accidents involves numerous possible defendants. The defendants could include the driver of the truck and their employer, as in addition to a company which manufactured defective equipment, or an individual contractor who loaded cargo incorrectly.
Many trucks are equipped with event data recorders (also known as black boxes) that can assist investigators in determining how the crash occurred. Personal injury lawyers with experience can match the data in log books.
Investigation of the Scene
In the event of a car crash the first thing you need to do is collect physical evidence. Truck accidents are different. There are many other factors to consider. Trucks are often carrying dangerous goods and even a minor incident can result in fatal or serious injuries.
The investigation process is therefore more complex than the typical car accident. It takes more time and requires the assistance of experts from different areas. Fortunately, a qualified lawyer will connect you with the best people for this task.
Interviewing eyewitnesses is a crucial part of a thorough accident investigation. Experts are also needed to reconstruct the incident from the physical evidence. This information is crucial to the case of a defendant being held accountable for the occurrence.
A lawyer should also contact the trucking company and driver for any information that may be relevant to the case. This could include information about the trucking company's safety policies, training procedures, and maintenance protocols. Additionally, the past of the truck driver is vital for any past incidents, reprimands or results of a drug/alcohol test.
The information from the black box in the truck is another piece of evidence that should be gathered. These devices are similar to ones that are installed in planes, and they can provide a great deal of information about the circumstances of the accident. Your attorney should request this information as soon as you can, since it could fade over time because of the elements or the passing traffic.
A lawyer should also collect medical records of the victims. These records will show that the injuries suffered during the crash caused long-lasting and extensive damage. It is important to keep these documents together with any doctor's notes and treatment schedules.
Expert Witnesses
Although the majority of accidents involving trucks result in a settlement between the insurance company and the victim however, some don't and must be tried in court. This is where expert witnesses play a key role. They are professionals with the education and experience to assess the evidence in your case and provide their opinion to jurors. They can explain complex medical concepts, mechanical theories, and economic concepts to jurors with little or no understanding of them.
The type of expert witness required, they can be as simple as a mechanic who can figure out why your vehicle was damaged in the accident and metallurgists who conduct a failure assessment on a specific truck part or pathologists who determine the cause of death. They could also be required to examine and testify about particular aspects of your case like the force of the crash as well as the velocity of the vehicle or even the reconstruction of the accident.
Another area in which expert witnesses are called in is for medical experts to determine the severity of your injuries. This is an area which is often contested by insurance companies as they attempt to claim that you are exaggerating your injuries or that they were pre-existing injuries and that the accident didn't cause them any additional damage. In these cases your lawyer may bring an independent expert to challenge the claims of the insurance's doctor.
Lastly an expert witness could 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 help the jury comprehend how the truck driver was unable to perform his or her job, what the failure led to, and the resulting financial consequences that resulted from the inattention for you.
GPS Tracking
When accidents with trucks occur it is not uncommon for their victims to sustain serious injuries. They deserve financial assistance for medical expenses, lost wages, pain and suffering and other related costs. Cellino Law, a Manhattan truck accident lawyer firm, is ready to fight for justice and compensation for their clients.
One of the most beneficial technologies in the event of an accident is GPS tracking. denton truck accident attorney are a staple of the trucking industry and often include a range of vital information that can be used to determine the extent of liability. A Qualcomm system, for example provides important data on speed and braking engines performance and service hours. This information can be paired with other evidence, including eyewitness accounts, to reconstruct the scene of a crash.
Other valuable pieces of information from a truck accident incident could include the records of the telematics software used by the trucking company and dash cams. Telematics is the gathering of information gathered by a vehicle's onboard computer. This information is used to coach fleet drivers and to record incidents. This may include crucial data like speed, harsh brakes, usage of phones and more. This information can be compared with the log books of truck drivers to determine if they had accurate records were kept.
Another crucial piece of information is any fax messages which may have been sent regarding the journey prior to the accident. It could contain information regarding the route and destination, any stops on the way, and even the details of any communications between the truck driver and the company. This information can be used by a skilled personal injury lawyer to show that the truck driver was distracted or not following safe procedures.
If a truck accident victim can prove that the trucking company or driver or any other defendants, did not uphold their duty of diligence, and caused the collision then they must be accountable for any injuries incurred as a result. To prevail in a lawsuit, the plaintiff must show that the defendant acted in violation of an act or regulation and that the breach directly caused harm. It is easy to prove that a violation was negligent when it comes to traffic laws, but federal regulations require a much more complicated analysis.
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 details of your case with an insurance company, including the amount you are entitled to under the law of the state. An experienced truck accident attorney can evaluate your injuries and document the damages you have suffered in the accident to determine the value of your case is. Then, the attorney can draw on the results of similar cases involving truck accidents and the way juries have awarded victims in similar circumstances to determine a fair settlement amount.
Your lawyer can also negotiate with the insurance company to ensure that the settlement you receive adequately covers the damages you have documented. This will include the amount you've paid because of your inability to work to seek treatment for your injuries. Lawyers can assist you in submitting the necessary documentation for these losses, such as old pay receipts. If your injuries hinder you from returning to the same job, you could be eligible for compensation.
Insurance companies typically begin the conversation by offering a low offer. This method is used to determine the level of urgency you have to settle your case and can have a negative impact on the value of your claim. A lawyer who is experienced can avoid being deceived by remaining calm, and never succumbing to pressure to accept a settlement that is inadequate.
Once your lawyer has agreed to a reasonable settlement amount, they'll send a written settlement demand to the party responsible for the fault, which must be answered within 30 days, or your right to sue the responsible party in court will be revoked. In some cases the trucking company could refuse to negotiate. Your attorney will initiate a lawsuit on behalf of the party who was negligent.
It isn't possible for us to provide a general estimate for the amount a truck accident settlement is worth, as each case has unique factors such as the degree of your injuries, as well as the amount of time you'll be absent working to undergo medical treatments. Settlements from truck accidents can amount to millions of dollars.