Truck Accident Litigation
There are a lot of potential defendants in truck accident litigation. They could include the truck driver and their employer as well as a producer who 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 why the crash took place. An experienced personal injury lawyer will know how to match this information with log books.
Investigation of the Scene
When a car accident occurs, the first step in an investigation is to collect evidence from the scene and take photos. In the case of truck accidents, however there are many other things to consider. For example truck accidents often involve dangerous items and even a minor accident can cause serious or fatal injuries.
Because of this, the investigation process is more complicated than a typical car accident. It takes longer and requires the help of experts from a variety of areas. Luckily, a reputable lawyer will connect you with the best people for this job.
The process of interviewing eyewitnesses is a vital element of a thorough truck accident investigation. It also requires the assistance of experts who can retrace what happened on the physical evidence gathered. This is essential in holding a defendant liable for the incident.
A lawyer must also inquire of the trucking company as well as the driver for any information that may be relevant to a particular case. This could include information on the safety guidelines of the trucking company maintenance protocols, policies for maintenance, and training procedures. The past history of the driver is crucial. This includes any prior incidents, reprimands and drug/alcohol tests results.
The information from the black box of the truck is an additional element of evidence that should be gathered. These devices are similar to the ones that are installed in airplanes, and can provide a wealth of information on how the accident occurred. Your lawyer should request this information as soon as you can, since it could disappear over time due to weather or the passing traffic.
A lawyer should also collect medical records of the victims. These records will show that the injuries sustained in the crash caused long-lasting and extensive damage. It is essential to keep these documents, along with any medical notes or treatment schedules that are available.
Expert Witnesses
While most accidents involving trucks result in a settlement between the insurance company and the victim, some do not and must be heard in court. This is where expert witnesses play a key role. They are professionals who have the experience and training to evaluate the evidence in your case, and provide their opinion to jurors. They can explain complex mechanical, physical, medical and economic concepts that the majority of jurors have little or no understanding of.
Expert witnesses could range from a straightforward car mechanic to a metallurgist able to determine the failure of a truck part or a pathologist to determine the cause of death. They may also be needed to testify and examine specific aspects of your case, such as the impact of the crash and the speed of the vehicle, or even the reconstruction of the accident.
Medical experts are also required to determine the extent and severity of your injuries. This is a subject that can be heavily contested by the insurance company as they will try to claim that you have exaggerated your injuries or that they were pre-existing injuries and that the accident did not cause any additional harm. In these cases the attorney could call an independent expert to refute the testimony of the insurance doctor.
Additionally an expert witness could be vital when it comes to proving that the trucker involved in the accident was negligent in any way. They can use their expertise to assist the jury in understanding the reasons why the truck driver did not perform his or her job, the consequences the failure led to, and the resulting financial repercussions of the inattention for you.
GPS Tracking
When truck accidents occur, it is not uncommon for victims to suffer serious injuries. They should be compensated for medical expenses, lost wages, suffering and other expenses. Cellino Law, a Manhattan truck accident lawyer firm is prepared to fight for justice and compensation for their clients.
One of the most beneficial technological tools in any accident case is GPS tracking. These devices are employed by the trucking industry and they often contain a variety important data that help determine who is responsible. A Qualcomm system, for example can provide vital information about speed as well as braking performance, engine performance and service hours. This can be used in conjunction with other evidence, like eyewitness testimony to help reconstruct the scene of the crash.
Dash cams and telematics data could be helpful during a truck collision. fort myers truck wreck lawyer is a set of information gathered by an automobile's onboard computer. It is utilized for coaching fleet drivers as well as to record incidents. This data could include speed, harsh braking and phone usage. This can be compared to the log books of truck drivers to determine whether accurate data was recorded.
A fax report of any communication about the trip prior to the accident is equally important. This could include information about the route, destination, and any stops made during the trip and any messages sent between the trucker and the company. An experienced personal injury attorney can use this information to prove that the truck driver was distracted, ignoring safety procedures, or taking unnecessary risks.
If the victim of a car accident can prove that the trucking company, driver or any other defendants failed to perform their duty of care and caused the accident and resulted in the collision, then they should be held accountable for any injuries incurred due to the collision. To prevail in a lawsuit, the plaintiff must prove that the defendant acted in violation of a statute or regulation and that the violation directly caused harm. It is simpler to prove that a violation was negligent in the context of traffic laws, but federal regulations require a much more complex analysis.
The process of negotiating a settlement
In many instances victims of truck accidents is able to settle their case without having to go to trial. The process of reaching settlement is to discuss the details of your case with an insurance company, including the amount you are entitled to under state law. An experienced lawyer for truck accidents will evaluate your injuries and document the damages you have suffered due to the crash to determine how the value of your case is. The attorney will then be able to use the results of similar truck accident lawsuits and how juries awarded victims in similar situations to calculate a reasonable settlement amount.
Your lawyer may also work with the insurance company to make sure that the settlement you receive adequately will cover your documented losses. This will include any money you've lost because you were unable to work to get treatment for your injuries. Lawyers can assist you in submitting documentation for the losses you suffered, including old pay statements. If you're unable to return to the exact same type of job because of your injuries, you may be entitled to compensation for the loss of earning potential in the future as well.
Insurance companies typically start the discussion by making a low offer. This technique is used to gauge the level of urgency you have to settle your case and can have a negative impact on the value of your claim. A lawyer who is experienced can avoid being lowballed by remaining calm and not allowing pressure to accept any settlement that isn't adequate.
After your lawyer has reached an amount that is fair and fair, they'll send the at-fault person an official demand for settlement. The person who is responsible must respond within 30 days or you'll lose the right to sue them in court. In some instances the trucking company may not negotiate and your attorney will bring a lawsuit against the negligent party.
It isn't possible to provide an estimate of what the settlement from a truck accident is worth because each individual case has unique factors like the extent of your injuries and the length of time you will miss from work due to medical treatments. Settlements from truck accidents can amount to millions of dollars.