Truck Accident Litigation
There are a myriad of potential defendants in truck accident litigation. They could include the driver of the truck as well as their employer, as well as a company that manufactured defective equipment, or an individual contractor who improperly loaded cargo.
Many trucks are equipped with event data recorders, also referred to as black boxes, that can aid investigators in determining the cause of the crash happened. Personal injury attorneys with experience will be able to verify the information in log books.
Investigation of the Scene
When a car accident occurs, the first step in an investigation is to gather evidence in physical form and then take photographs. The causes of truck accidents differ. There are many other factors to consider. Trucks often transport dangerous products and even a minor accident could result in fatal or serious injuries.
Because of this, the investigation process is more complex than that of a normal car accident. It is also more time consuming and requires the assistance of experts from various areas. Fortunately, a lawyer who is qualified can connect you to the best people for this task.
The process of interviewing eyewitnesses is a vital component of a thorough accident investigation. It also requires the help of experts who can retrace the events that led to the accident based on the physical evidence that is collected. This is essential in holding a defendant liable for the incident.
A lawyer should also ask the trucking company as well as the driver for any information that could be relevant to a case. This could include information about the safety policies of the trucking company as well as training procedures and maintenance procedures. Additionally, the past of the driver of the truck is important like any prior incidents, reprimands, or alcohol/drug test results.
The data gathered from the black box in the truck is an additional piece of evidence that should be gathered. These devices, like those used in planes, could provide an abundance of information regarding the incident. Attorneys must ask for this information as fast as you can, since it could fade over time due to weather or passing traffic.
A lawyer should also gather medical records of the victims. These records will show that the injuries sustained during the crash have caused long-lasting and substantial damage. It is essential to keep these documents together with any doctor's notes and treatment schedules.
Expert Witnesses
Most truck accidents are settled between the 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 are essential in these cases. They are experts who have the expertise, education, and expertise to evaluate the evidence in your case, and provide their opinions to the jury. They can explain complicated medical, physical, mechanical, and economic concepts that a majority of jurors are not aware of or have no understanding of.
Expert witnesses could be anything from a simple car mechanic to a metallurgist who can evaluate the failure of a truck part or a pathologist who can determine the cause of death. They could be required to examine and testify to particular aspects of your case, for instance the force of the collision or the vehicle's velocity, or the accident reconstruction.
Another important area where experts are brought in is to help medical experts confirm the severity of your injuries. This is an area that can be heavily contested by insurance companies as they attempt to claim that you have exaggerated your injuries or that they were pre-existing injuries and that the accident didn't cause them any additional damage. In these cases, your attorney will call an independent medical expert to counter the claims of the insurance company's doctor.
Additionally, concord truck accident lawsuit can be crucial to finding out that the trucker at fault in the accident was negligent in any way. Expert witnesses will utilize their knowledge to help the jury understand the reasons why the truck driver failed to do his or her job, what that failure caused and the financial implications of this negligence for you.
GPS Tracking
It is not uncommon for victims of truck accidents suffer serious injuries. They need financial assistance to pay medical bills loss of wages, pain and suffering and other related 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 effective methods used in cases of accident. These devices are employed by the trucking industry, and typically contain a variety important data that help determine the liability of the driver. A Qualcomm system can provide, for instance, important information like speed of braking engine performance, service hours. This information can be used in conjunction with other evidence, like eyewitness testimony to reconstruct the scene of the crash.
Other important pieces of information in a truck crash investigation could be evidence from the trucking company's telematics system and dash cameras. Telematics is a collection of data gathered by the vehicle's onboard computer. It's used for fleet driver coaching as well as to record incidents. This data could include speed, harsh braking, and phone usage. This information can be compared to the truck driver's log books to determine if the correct data was recorded.
A fax report of any communication about the trip prior to the accident is equally important. It could contain information regarding the route and destination, as well as any stops during the journey, and even an account of any messages between the driver of the truck and the company. A seasoned personal injury lawyer can use this information to prove that the truck driver was distracted, followed unsafe procedures, or taking unnecessary risks.
If a person injured in a collision with a truck is able to prove that the trucking company, driver, or any other defendants did not uphold their duty of care and caused the collision they must be held responsible for any injuries that may have occurred as a result. Plaintiffs must prove that the defendants broke a law or regulation, and that the violation caused harm. It is easy to prove that a violation was negligent in the context of traffic laws, but federal regulations require a much more intricate analysis.
The process of negotiating a settlement
In many instances, a truck accident victim is able to settle their case without having to go to trial. To reach settlement, you'll need to discuss the facts of your accident with the insurance company. This is the amount you are entitled under state law. A lawyer who is involved in a truck accident will evaluate your injuries and document the losses you have suffered as a result to determine the value of your case. The attorney can then apply the results of other similar lawsuits for truck accidents and the amount of compensation juries awarded victims in similar circumstances to determine the amount of a fair settlement.
Your lawyer may also work with the insurance company to make sure that the settlement you receive adequately covers the documented damages. This includes any money you have lost because of your inability to work to seek treatment for your injuries. Lawyers can assist you to provide evidence of these losses, which could include former pay statements. If you are unable return to the same type of job because of your injuries, you may be eligible for compensation for the loss of future earning capacity as well.
Insurance companies typically begin the conversation by making a low-ball offer. This method is used to determine the level of urgency you have to settle your claim and could have a negative effect on the value of your claim. An experienced attorney can avoid being judged low-balled by staying neutral and refusing to give in to pressure to accept a low settlement.
Once your lawyer has reached a reasonable settlement amount, they will make a written demand for settlement to the party at fault that must be addressed within 30 days, or your right to bring a lawsuit against the responsible party in court will be forfeited. In some cases, the trucking company may refuse to negotiate. Your lawyer will initiate a lawsuit on behalf of the negligent party.
It is difficult to give an estimate of the worth of a truck accident settlement since each case is unique. For example the severity of the injuries and the amount of time you'll be off from work for medical treatment are factors which can be different. However, it is not common for settlements for truck accidents to exceed millions of dollars.