Truck Accident Litigation
There are a lot of potential defendants in truck accident litigation. These defendants could include the driver of the truck and their employer, as well as a company that produced defective equipment or an individual contractor who loaded cargo incorrectly.
Many trucks have event data recorders, also referred to as black boxes. These can assist investigators in determining how the crash took place. An experienced personal injury lawyer will know how to match the information with log books.
Investigation of the Scene
In the case of a car accident the first thing you need to do is gather physical evidence. However, in the case of truck accidents there are a variety of things to think about. For example trucks often transport dangerous products, and even a relatively minor crash could result in fatal or serious injuries.
Due to this, the investigation process is more complicated than that of a standard car accident. It is also longer, and it requires the help of experts in a variety of areas. A qualified lawyer can assist you in finding the right professionals to handle this work.
The process of interviewing eyewitnesses is a vital part of a thorough truck accident investigation. Experts are also needed to reconstruct the crash from the physical evidence. This information is crucial to holding a defendant liable for the accident.
Furthermore, an attorney must request any details from the truck driver and the company that could be relevant to the case. This could include details regarding the safety guidelines of the trucking company as well as training procedures and maintenance protocols. The background of the driver is also important. This includes any prior incidents, reprimands and drug/alcohol tests results.
The data gathered from the black box in the truck is another piece of evidence that needs to be gathered. These devices are similar to ones found in airplanes, and they can provide a wealth of details about how the accident occurred. The information you require should be sought as soon as possible by your attorney, as it could disappear over time due to the elements or traffic.
In addition, the attorney should also obtain medical records from the victims of the crash. These documents will assist in proving that the injuries suffered in the crash have caused a significant and lasting injury. It is crucial to save these documents, as well as any doctor's notes or treatment plans that are available.
Expert Witnesses
Most truck accidents are settled between the insurance company, the person who was injured 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 experts who have the expertise, education and expertise to analyze the facts in your case and present their views to the jury. They can explain complex mechanical, physical, medical, and economic concepts that the majority of jurors have no or little understanding of.
Expert witnesses can be anything from a simple car mechanic to a metallurgist who can determine the failure of a truck component or a pathologist that can determine the cause of death. simi valley truck accident attorney may be required to examine and testify to specific elements of your case, for instance the force or the crash or the vehicle's velocity, or the accident reconstruction.
Another area in which expert witnesses are called in is for medical experts to determine the severity of your injuries. This is an area that is frequently contested by the insurance company since they try to argue that you are exaggerating your injuries or that they were pre-existing and that the accident did not cause any additional harm. In these situations your lawyer will bring in an independent medical expert who will challenge the doctor's testimony for insurance companies.
In the end an expert witness could be crucial when it comes to showing that the truck driver involved in the accident was negligent in some way. They will utilize their knowledge to assist jurors in understanding the truck driver's failure to complete his or her job, the financial consequences caused by that failure, and how that failure affected you.
GPS Tracking
It is not uncommon to see victims of accidents involving trucks suffer serious injuries. They should be compensated for medical expenses, lost wages, pain and suffering, along with other expenses. Cellino Law, a Manhattan truck accident lawyer firm is prepared to fight for justice and compensation for their clients.
GPS tracking is among the most efficient technologies in accident cases. These devices are an integral part of the trucking industry, and typically include a range of important information that could be used to determine the extent of liability. A Qualcomm system provide crucial information like speed, braking performance as well as engine performance and service hours. This information can be paired with other evidence, such as eyewitness accounts, to reconstruct the scene of the crash.
Other crucial pieces of information from a truck accident investigation could be evidence from the trucking company's telematics program and dash cams. Telematics refers to the data gathered by a vehicle's onboard computer that is utilized for coaching fleet drivers and to record incidents. The information could include speed, harsh braking and phone usage. This can be compared with the log books of the truck drivers to determine whether accurate records were recorded.
Another important aspect is any fax records that might have been sent about the trip prior the accident. This could include information on the route and destination, any stops during the journey, and even the record of any communication between the driver of the truck and the company. An experienced personal injury lawyer can use this to show that the truck driver was distracted, ignoring safety procedures or taking unnecessary risks.
If a person injured in a collision with a truck is able to demonstrate that the trucking company, driver or other defendants failed to uphold their duty of care and caused the accident and the victim should be held accountable for any injuries suffered as a result. Plaintiffs must prove that the defendants violated a law or regulation, and that this violation caused harm. It is much simpler to prove that a breach of the traffic law was wrongful however, Federal regulations require a more complex analysis.
The process of negotiating a settlement
In many cases, a truck accident victim is able to settle their case without going to trial. The process of reaching an agreement involves discussing the facts of your case with an insurance firm including the amount you are entitled to under the law of your state. An experienced attorney for truck accidents can assess your injuries and document the losses you have suffered as a result of the crash to determine how the value of your case is. The lawyer can then utilize the results from other similar lawsuits involving truck accidents and how juries awarded victims in similar circumstances to determine an acceptable settlement amount.
Your lawyer may also be able to negotiate directly with the insurance company to ensure that the settlement you get is adequate to cover the losses acknowledged. This includes money you lost because you missed work to get treatment for your injury. Lawyers can assist you to provide evidence of these losses, including former pay statements. If you are unable return to the same type of job due to your injuries, you may be eligible for compensation for the loss of earning potential in the future as well.
Insurance companies will often start the discussion with an offer that is low. This technique is used to gauge how desperate you are to settle your case. It could have a negative effect on the value of your claim. A seasoned attorney can prevent being mistreated by remaining at peace and not giving in to the pressure to accept a shoddy settlement.
After your lawyer has agreed to an amount that is reasonable and fair, they will send the person at fault an email request for settlement. The person who is responsible must respond within 30 days, otherwise you'll lose your right to take them to court. In some instances trucking companies will not negotiate and your attorney will bring a lawsuit against the negligent party.
It is impossible to provide an estimate of the value of a truck accident settlement because each case is unique. For instance the severity of injuries and the length of time you'll be away from work to receive medical treatment are two factors that vary. It is however not uncommon for truck accident settlements to be in the millions.