Truck Accident Litigation
There are a myriad of potential defendants in the litigation involving truck accidents. They could 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) that can assist investigators in determining why a crash happened. An experienced personal injury lawyer will know how to match this information with log books.
Investigation of the Scene
In the event of a car crash, the first step in an investigation is to collect evidence from the scene and take photographs. In the case of truck accidents, however there are a variety of things to consider. For example trucks often transport dangerous goods, and even a relatively minor crash can result in severe or fatal injuries.
Due to this, the investigation process is more complex than that of a standard car accident. It takes more time and requires the assistance of experts from various areas. Fortunately, a qualified lawyer can help you connect with the best people to do this job.
Interviewing eyewitnesses is a crucial component of a thorough accident investigation. It also requires the assistance of experts who can reconstruct what happened on the physical evidence gathered. This information is vital in the case of a defendant being held accountable for the occurrence.
In addition, the attorney should request any details from the truck company and driver that could be relevant to the case. This could include information on the safety policies of the trucking firm training protocols, procedures for training, and maintenance protocols. Additionally, the past of the truck driver is important like any prior incidents, reprimands or test results for alcohol or drugs.
The information from the black box in the truck is an additional source of evidence that must be gathered. These devices, which are similar to those installed in planes, can offer a lot of information about the incident. Your lawyer should get this information as soon as possible, as it may disappear over time due to the elements or the passing traffic.
In addition, the attorney must also collect medical records from the victims of the crash. These records will prove that the injuries suffered in the crash have caused a significant and lasting injury. It is crucial to keep these documents, along with any doctor's notes and treatment schedules.
Expert Witnesses
Most truck accidents are settled between insurance company, the injured party and the trucking company. However, there are some that do NOT and must be taken to the court. Expert witnesses play a crucial role. They are professionals who have the knowledge, training and expertise to analyze the evidence in your case, and then present their findings to the jury. They can explain complex medical concepts, mechanical concepts, and economic concepts to jurors who have only a basic understanding of them.
Expert witnesses can vary from a basic car mechanic to a metallurgist who can determine the failure of a part of the truck or a pathologist that can determine what caused the death. They may be required examine and testify on specific elements of your case, such as the force of the collision or the speed of the vehicle or the reconstruction of the accident.
Another important area where experts are consulted is for medical experts to verify the severity of your injuries. Insurance companies typically contest this issue, claiming you exaggerate your injuries, or that they have pre-existing conditions and that the accident didn't cause any further damage. In these cases, your attorney may call an independent expert who will challenge the claims of the insurance's doctor.
Additionally an expert witness can be essential when it comes to finding out that the trucker at fault in the accident was negligent in a certain way. They can use their expertise to help the jury comprehend the truck driver's omission to perform their duties and the financial consequences caused by that failure and how that failure affected the person who was affected.
GPS Tracking
It is not uncommon to see victims of truck accidents suffer severe injuries. They are entitled to financial aid for medical expenses as well as lost wages, pain and suffering and other associated costs. Cellino Law, a Manhattan truck accident lawyer firm, is ready to fight for justice and compensation for their clients.
One of the most useful technological tools in any accident scenario is GPS tracking. These devices are used by the trucking industry and they often contain a range of important information which can assist in determining responsibility. A Qualcomm system, for example, can provide important data on speed and braking engine performance, and service hours. This information can be combined with other evidence, including eyewitness testimony to reconstruct the scene of a crash.
Dash cams as well as telematics records could also prove useful during a truck collision. Telematics involves the collection of data that is gathered by a vehicle's onboard computer. This data can be used to instruct fleet drivers and record incidents. The information could include speed, harsh braking and phone usage. It can be compared to the log books of truck drivers to determine if accurate records were kept.
A fax recording of any communications regarding the trip before the accident is also crucial. This could include the route, destination, any stops made on the way as well as any messages exchanged between the trucker and the company. An experienced personal injury attorney can use this to show that the trucker was distracted, following unsafe procedures, or taking risks that were not necessary.
When a truck accident victim can show that the trucking company, driver, or any other defendants failed to uphold their duty of care and caused the collision and resulting injury, they should be held accountable for any injuries that may have occurred due to. To win a case, the plaintiff must show that the defendant acted in violation of the law or regulation and this breach directly caused harm. It is easier to prove that a breach of a traffic law was negligent however Federal regulations require a more detailed analysis.
Negotiating a Settlement
In many instances, a truck accident victim can settle their claim without going to trial. The process of negotiating settlement is to discuss the details of your case with an insurance company which includes the amount you are entitled to under the law of your state. A truck accident lawyer can evaluate your injuries and document the losses you have suffered due to them, in order to determine the worth of your case. The attorney will draw on the results of similar cases of truck accidents and how juries have awarded victims in comparable situations to decide on a fair settlement amount.
Your lawyer can also negotiate with the insurance company to make sure that the settlement you receive covers your documented damages. This includes any money you've lost due to your inability to work to seek treatment for your injury. Lawyers can assist you in submitting the necessary documentation for these losses, including old pay statements. If your injuries stop you from returning to your previous job, you could be entitled to compensation.
Insurance companies typically begin the conversation with a low-ball offer. This is a common tactic to gauge how desperate you are to settle and can affect the value of your case. A seasoned attorney can prevent being mistreated by remaining unflinching and never yielding to pressure to accept a low settlement.
After your lawyer has reached an amount that is fair and fair, they will send the person at fault a written demand for settlement. The party must respond within 30 days or else you lose the right to bring a lawsuit against them in court. In austin truck accident law firm may refuse to negotiate. Your lawyer will file a lawsuit on behalf of the negligent party.
It is not possible to give an estimate of the value of a settlement because each case is unique. For example the severity of the injuries and the length of time you will be away from work to receive medical treatment are factors which can be different. It is however not unusual for settlements from truck accidents to be worth millions of dollars.