Truck Accident Litigation
The litigation involving truck accidents involves a wide range of possible defendants. They may include the truck driver and their employer and a manufacturer that produced defective equipment or a company that loaded cargo in a way that was not properly.
Many trucks are equipped with event data recorders (also known as black boxes) which can aid investigators in determining what caused the crash occurred. Personal injury lawyers who are experienced know how to match the data with log books.
Investigation of the Scene
When a car accident occurs, the first step in an investigation is to collect evidence physically and take pictures. However, in the case of truck accidents, there are many more things to consider. For instance truck accidents often involve dangerous items and even a minor accident can cause serious or fatal injuries.
This is because the investigation process is more complicated than that of a normal car accident. It takes longer and requires the help of experts from different areas. A lawyer who is qualified can assist you in finding the right professionals to handle this job.
An exhaustive investigation into a truck accident includes interviewing eyewitnesses, as well as going to the site of the crash. Experts are also required to reconstruct the incident by analyzing the physical evidence. This information is crucial to holding a defendant responsible for the incident.
A lawyer must also inquire of the trucking company and the driver for any information that could be relevant to a specific case. This could include information regarding the safety guidelines of the trucking company training protocols, procedures for training, and maintenance procedures. Also, the background of the driver of the truck is important like any prior incidents, reprimands, or alcohol/drug test results.
The information from the black box in the truck is a different element of evidence that should be collected. These devices, similar to those installed in planes, could provide many details about the incident. This information should be requested as soon as possible by your attorney, since it could fade away over time due to the elements or the speed of traffic.
The attorney should also obtain medical records from the victims of the crash. These records will show that the injuries suffered during the accident have caused lasting and substantial damage. It is important to keep these documents together with any doctor's notes and treatment schedules.
Expert Witnesses
The majority of truck accidents are settled between insurance company, the person who was injured and the trucking company. However, some do NOT and must be taken to the court. Expert witnesses play a crucial role. They are professionals with the training and knowledge to evaluate the information in your case, and give their opinion to the jurors. They can explain complicated mechanics, medical concepts, and economic concepts to jurors who have little or no knowledge of them.
Expert witnesses can vary from a basic car mechanic to a metallurgist who can evaluate the failure of a truck's component or a pathologist who will determine what caused the death. They could also be required to testify and examine particular aspects of your case, such as the force of the collision, vehicle velocity, or the reconstruction of an accident.
Another important area where experts are called in is to help medical experts verify the severity of your injuries. Insurance companies often challenge this issue, claiming you exaggerate your injuries, or that these were pre-existing conditions and that the accident did not cause any further harm. In these situations your lawyer will call in an independent medical expert to challenge the doctor's testimony for insurance companies.
Additionally, an expert witness can be crucial when it comes to proving that the trucker involved in the accident was negligent in a certain way. They can use their expertise to help the jury comprehend how the truck driver did not perform his or her job, what that failure caused, and the resulting financial consequences of that negligence for you.
GPS Tracking
When accidents with trucks occur, it is not uncommon for their victims to suffer serious injuries. allentown truck accident lawsuit should be compensated for medical expenses, lost wages, pain and suffering, in addition to other costs. Manhattan truck accident lawyers from Cellino Law are prepared to seek justice for their clients and fight for the compensation they are due.
One of the most beneficial technologies in any accident case is GPS tracking. These devices are a common feature of the trucking industry, and typically come with a variety of important information that could be used to determine liability. A Qualcomm system, for instance can provide crucial information on speed as well as braking performance, engine performance and service hours. This information can be combined with other evidence, like eyewitness testimony to reconstruct the scene of the crash.
Dash cams and telematics data could also prove useful in a truck accident. Telematics is a set of data gathered by a vehicle's onboard computer that is used for training of fleet drivers and for recording incidents. It can contain important information like speed, harsh braking, phone usage and more. It can be compared to the log books of truck drivers to see if accurate records were kept.
A fax recording of any communications regarding the trip before the accident is also vital. This can include the route, destination, and any stops during the trip and any messages exchanged between the trucker and the company. This information can be used by a knowledgeable personal injury lawyer to show that the trucker was distracted or following unsafe procedures.
If a person injured in a collision with a truck can prove that the trucking company, driver or any other defendants, failed perform their duty of care, and caused the collision, then they should be held accountable for any injuries incurred due to the collision. Plaintiffs must prove that the defendants violated a law or regulation, and that the violation caused harm. It is much easier to prove that a violation was negligent when it comes to traffic laws, but federal regulations require a much more intricate analysis.
Negotiating a Settlement
In many cases the truck accident victim can settle their case without going to trial. The process of reaching a settlement involves discussing the details of your case with an insurance firm and determining the amount you are entitled to under the law of the state. A truck accident lawyer will evaluate your injuries and document the damages you suffered that result from them to determine the worth of your case. The attorney will draw on the results of similar cases of truck accidents and the way juries have awarded victims in similar circumstances 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 will include any amount you've lost because you were unable to work to seek treatment for your injuries. Lawyers can assist you to document these losses, such as old pay stubs. If your injuries prevent you from returning to the same job, you could be eligible for compensation.
Insurance companies typically begin the conversation by making a low-ball offer. This method is used to determine how eager you are to settle your case. It could have a negative effect on the value of your claim. A lawyer with experience can avoid being lowballed by remaining calm and not allowing pressure to accept any settlement that isn't adequate.
After your lawyer has reached a reasonable settlement amount, they will make a written demand for settlement to the responsible party that must be addressed within 30 days or your rights to pursue the responsible party in court will be revoked. In certain cases the trucking company could refuse to negotiate. Your attorney will initiate 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 because every instance is unique. For example, the severity of the injuries and the length of time you'll be away from work to receive medical treatment are factors that vary. Settlements for truck accidents can range from millions of dollars.