Truck Accident Litigation
Truck accident litigation involves numerous potential defendants. These defendants 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, which will help investigators determine the reason an accident occurred. Personal injury lawyers who are experienced be able to connect the information with log books.
Investigation of the Scene
In the case of a car accident the first thing to do is collect evidence. However, in the case of truck accidents, there are many more factors to take into consideration. Trucks are frequently carrying dangerous items and even a minor accident can cause serious or fatal injuries.
This is why the investigation process is more complicated than a typical car accident. It takes more time and requires the help of experts from different areas. A qualified lawyer can help you find the right people to complete this work.
Interviewing eyewitnesses is an essential component of a thorough accident investigation. It also requires the assistance of experts who can determine how the accident happened based on the evidence gathered. This is essential in making a defendant accountable for the accident.
A lawyer should also ask the trucking company and the driver for any information that may be relevant to a case. This could include information on the trucking company's safety policies or training procedures, as well as maintenance procedures. The past of the driver is important. This includes any prior incidents, reprimands or alcohol/drug tests results.
The data from the black box of the truck is another source of evidence that must be gathered. These devices, similar to those used in planes, may provide an abundance of information regarding the accident. Your attorney should get this information as soon as possible, as it could be lost due to weather conditions or passing traffic.
Finally, an attorney should also obtain medical records from the victims of the crash. These records will prove that the injuries suffered during the crash resulted in significant and long-lasting damage. It is vital to preserve 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 victim and the trucking company. However, some are not and must be brought to court. Expert witnesses are vital in these cases. They are experts who have the training, knowledge, and expertise to evaluate the evidence in your case, and present their views to the jury. They can explain complicated mechanical, physical, medical, and economic concepts that a majority of jurors are not aware of or have no understanding of.
Expert witnesses could vary from a basic car mechanic to a metallurgist that can evaluate the failure of a truck part or a pathologist who will determine the cause of death. They might be required to investigate and testify about specific aspects of your case, for instance the force of the collision or the vehicle's velocity, or the reconstruction of the accident.
Another crucial area where experts are consulted is for medical experts to verify the severity of your injuries. This is an area which is often contested by the insurance company as they will try to claim that you have exaggerated your injuries or that they were pre-existing and that the accident did not cause any additional damage. In nashville truck accident lawyer may bring an independent expert who will challenge the testimony of the insurance doctor.
A witness who is an expert in the field can be helpful in proving that a truck driver was negligent. They will make use of their expertise to help the jury understand the truck driver's failure fulfill his or her responsibilities and the financial repercussions of that failure and how that failure affected you.
GPS Tracking
It is not unusual for victims of truck accidents suffer severe injuries. They deserve financial assistance to pay medical bills and lost wages, as well as pain and suffering and other related costs. Manhattan truck accident lawyers from Cellino Law are prepared to pursue justice for their clients and fight for the compensation they deserve.
One of the most useful technological tools in the event of an accident is GPS tracking. These devices are used by the trucking industry, and usually contain a variety important data that help determine the the liability of the driver. A Qualcomm system, for instance, provide important information such as speed, braking performance as well as engine performance and service hours. This information can be combined with other evidence, such as eyewitness testimony to reconstruct the scene of the crash.
Dash cams and telematics records may also be valuable during a truck collision. Telematics is the gathering of information gathered by a vehicle's onboard computer. This information is used to instruct fleet drivers and to record incidents. The information could include speed, harsh braking, and phone usage. This information can be compared with the truck driver's log books to determine whether accurate records were maintained.
Another important piece of evidence is any fax communication records which may have been sent out regarding the trip prior the accident. This can include the route, destination, any stops along the way, as well as any messages exchanged between the trucker and the company. A skilled personal injury lawyer can use this information to prove that the truck driver was distracted, followed unsafe procedures, or taking unnecessary risks.
When a truck accident victim is able to demonstrate 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 responsible for any injuries suffered as a result. To prevail, the plaintiff must prove that the defendant acted in violation of any law or regulation, and that the violation directly caused harm. It is much simpler to prove that a breach of a traffic law was negligent however Federal regulations require a more intricate analysis.
The process of negotiating a settlement
In many cases, truck accident victims are able to settle their claims without having to go to court. The process of negotiating an agreement involves discussing the facts of your situation with an insurance company, including the amount you are entitled to under the law of your state. An experienced lawyer for truck accidents can evaluate your injuries and document the damage you've suffered due to the accident to determine the value of your case is. The attorney can analyze the results of similar cases involving truck accidents and the amount of compensation that juries have awarded victims in comparable situations to determine the fair amount to settle.
Your lawyer can also negotiate directly with the insurance company in order to ensure that the settlement you receive will adequately cover the damage you've which are documented. This will include any money you've lost due to missing work to seek treatment for your injuries. The lawyer can help you provide evidence of these losses, such as old pay stubs. If your injuries hinder you from returning to the same job, you may also be entitled to compensation.
Insurance companies often begin the discussion with a low-ball offer. This is a common tactic to test how desperate you are to settle and can impact the value of your case. A knowledgeable attorney can avoid being mistreated by remaining calm and never giving in to pressure to accept an inadequate settlement.
After your lawyer has negotiated an amount that is reasonable, they will send the person responsible for the fault an official demand for settlement. The party must respond within 30 days, or you will lose your right to bring a lawsuit against them in court. In some cases the trucking company might refuse to negotiate. Your attorney will then bring an action on behalf of the negligent party.
It isn't possible for us to provide an estimate of what the settlement from a truck accident is worth because each individual case has unique factors such as the degree of your injuries, as well as the amount of time you'll miss from work for medical treatments. However, it is not unusual for settlements in truck accidents to exceed millions of dollars.