Truck Accident Litigation
There are a variety of defendants in truck accident litigation. These defendants could include the driver of the truck and their employer as in addition to a company which manufactured defective equipment or a contractor who improperly loaded cargo.
Many trucks contain event data recorders, also known as black boxes. They can aid investigators in determining the cause of the crash took place. corona truck accident lawyer with experience will be able match the data in log books.
Investigation of the Scene
In the case of a car accident, the first thing to do is collect physical evidence. In the case of truck accidents, however there are numerous other things to think about. For example truck accidents often involve dangerous products and even a minor crash can cause severe or fatal injuries.
The investigation process is more complex than a typical car accident. It is also longer, and it requires the assistance of experts from various fields. Luckily, a reputable lawyer can connect you to the most qualified people to do this job.
An exhaustive investigation into a truck accident includes interviewing eyewitnesses, as well as going to the scene of the accident. Experts are also required to reconstruct the crash by analyzing the physical evidence. This information is crucial to finding a defendant accountable for the accident.
In addition, the attorney should request any information from the truck driver and the company that might be relevant to the case. This could include information on the safety guidelines of the trucking company or training procedures, as well as maintenance procedures. Additionally, the past of the driver of the truck is crucial for any past incidents, reprimands, or results of a drug/alcohol test.
Another source of evidence to look for is the information from the truck's black-box. These devices are similar to the ones that are installed in airplanes, and they can provide a wealth of information about the circumstances of the accident. Your attorney must ask for this information as fast as you can, since it may disappear over time because of the elements or the passing traffic.
A lawyer should also collect medical records of the victims. These documents will assist in proving that the injuries suffered in the crash have caused substantial and lasting 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, there are some that do NOT and must be taken to the court. Expert witnesses are crucial in these cases. They are experts with the training and knowledge to analyze the facts in your case, and give their opinion to the jurors. They can explain complex mechanical concepts, medical concepts, and economic concepts to jurors who have little or no knowledge of them.
Expert witnesses could be anything from a simple car mechanic to a metallurgist who can analyze the failure of a truck component or a pathologist to determine the cause of death. They may be required look into and testify on particular aspects of your case, for instance the force or the crash or the vehicle's velocity, or the accident reconstruction.
Another area in which experts are brought in is for medical experts to verify the severity of your injuries. Insurance companies often challenge this issue, claiming you exaggerate your injuries, or that they were pre-existing issues and that the accident did not cause any further damage. In these instances, your attorney will call in an independent medical expert who will challenge the testimony of the insurance company's doctor.
A witness who is an expert in the field can be extremely helpful in proving that a truck driver was negligent. They will utilize their knowledge to help the jury understand the truck driver's omission to perform his or her duties and the financial repercussions of that failure and how that lack of performance affected you.
GPS Tracking
When accidents involving trucks happen, it is not unusual for victims to suffer serious injuries. They deserve compensation for medical bills, lost wages and suffering, as well as other costs. Manhattan truck accident lawyers from Cellino Law are prepared to fight for justice on behalf of their clients and fight for the compensation they deserved.
One of the most efficient technologies in any case of accident is GPS tracking. These devices are used by the trucking industry and usually contain a variety important data that can help determine responsibility. A Qualcomm system, for instance can provide vital information about speed, braking engine performance, and service hours. This information can be paired with other evidence, for instance eyewitness testimonies, to reconstruct the scene of a crash.
Other important pieces of information in a truck accident investigation could be evidence from the telematics software used by the trucking company and dash cameras. Telematics is the process of collecting data that is gathered by a vehicle's onboard computer. The data can be used to instruct fleet drivers and 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 see if accurate data was recorded.
A fax log of any communication concerning the trip before the accident is also vital. This could include the route, destination, any stops made on the way along with any messages exchanged between the trucker and the company. A seasoned personal injury lawyer can use this to show that the trucker was distracted, ignoring safety procedures, or taking unnecessary risks.
When a victim of a car accident is able to prove that the trucking company, truck driver or other defendants failed to uphold their duty of care and caused the collision and the victim should be held responsible for any injuries incurred as a result. Plaintiffs must show that the defendants violated a law or regulation, and that this violation caused harm. It is simpler to prove that a violation was negligent when it comes to traffic laws, however federal regulations require a much more complex analysis.
The process of negotiating a settlement
In many cases, a truck accident victim may settle their claim without having to go to trial. In order to negotiate a settlement, you'll have to discuss the details of your accident with the insurance company. This includes the amount to which you are entitled under the law of the state. An experienced lawyer for truck accidents can assess your injuries and record the losses you have suffered as a result of the crash to determine how the value of your case is. Then, the attorney can take the findings of similar truck accident cases and the amount of compensation that juries have awarded victims in similar circumstances to determine the fair amount to settle.
Your lawyer may also work with the insurance company to make sure that the settlement you receive covers the damages you have documented. This includes any money you've lost as a result of missing work to receive treatment for your injuries. The lawyer can assist you in submitting the necessary documentation for these losses including old pay receipts. If you're unable to return to the same type of job because of your injuries, you may be entitled to compensation for loss of earning potential in the future as well.
Insurance companies often begin the discussion by making a low offer. This tactic is used to determine the level of urgency you have to settle your case and can have a negative impact on the value of your claim. An experienced attorney can avoid being low-balled by remaining neutral and refusing to give in to pressure to accept a low settlement.
After your lawyer has reached an acceptable settlement amount, they'll send a written settlement demand to the at-fault party and they must respond within 30 days, or your right to pursue the responsible party in court will be revoked. In certain cases, the trucking company may refuse to negotiate. Your attorney will start an action on behalf of the negligent party.
It is impossible to provide a general estimate for how much a truck accident settlement is worth since each case is unique like the severity of your injuries as well as the length of time you'll be absent from work to receive medical treatment. However, it isn't unusual for settlements from truck accidents to be worth millions of dollars.
