Truck Accident Litigation
There are many potential defendants in truck accident litigation. It could include the truck driver and their employer as well as a company who produced defective equipment, or a contractor that loaded cargo in a way that was not properly.
Many trucks contain event data recorders, often referred to as black boxes, which will help investigators determine the reason a crash occurred. Personal injury lawyers with years of experience will be able to match the data contained in log books.
Investigation of the Scene
When a car wreck occurs the first step of an investigation is to collect evidence physically and then take photographs. Accidents involving trucks are distinct. There are many other factors to take into consideration. For instance trucks often transport dangerous items and even a minor crash could result in serious or fatal injuries.
The investigation process is more complex than a typical car accident. It is also more time consuming and requires the assistance of experts from various areas. Luckily, a reputable lawyer can help you connect with the best people for this task.
Interviewing eyewitnesses is an essential component of a thorough accident investigation. It also requires the assistance of experts who are able to reconstruct what happened on the physical evidence gathered. This information is crucial to the case of a defendant being held accountable for the incident.
A lawyer must also inquire of the trucking firm and the driver for any information they believe to be relevant to a case. This could include information on the safety policies of the trucking company maintenance protocols, policies for maintenance, and training procedures. The background of the driver is important. This includes any past incidents, reprimands, or drug/alcohol tests.
The information from the black box of the truck is an additional source of evidence that must be collected. These devices, which are like those used in planes, could provide an abundance of information regarding the accident. Your attorney must get this information as soon as possible, as it may disappear 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 crucial to save these documents, as well as any doctor's notes or treatment schedules that are accessible.
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 need to be brought to the court. Expert witnesses play a crucial role. They are experts with the training and knowledge to evaluate the information in your case, and then offer their opinion to jurors. They can explain complex mechanical, physical, medical, and economic concepts that a majority of jurors are not aware of or have no knowledge of.
Depending on the type of expert witness required they could be as straightforward as a mechanic who can determine why your vehicle was damaged during the crash or metallurgists who conduct a failure assessment on the specific part of your truck, or pathologists who can determine the causes of death. They may be required to examine and testify to particular elements of your case, for instance the force or crash or the vehicle's velocity, or the reconstruction of the accident.
Medical experts are also called upon to verify the extent and severity of your injuries. Insurance companies typically contest the claim that you exaggerate your injuries or that they have pre-existing conditions and that the incident didn't cause any further harm. In these instances your attorney can call an independent expert to counter the evidence of the doctor who is a part of the insurance.
A witness who is an expert in the field can be very helpful in proving that a truck driver was negligent. They will make use of 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 that resulted from the inattention for you.
GPS Tracking
It is not unusual for victims of accidents involving trucks suffer serious injuries. They deserve financial assistance for medical expenses and lost wages, as well as pain and suffering and other associated 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 are due.
One of the most efficient technologies in any accident scenario is GPS tracking. These devices are a staple of the trucking industry and usually come with a variety of vital information that can be used to determine liability. A Qualcomm system, for example can provide vital information including speed, braking engine performance, and service hours. fort lauderdale truck accident lawsuit can be combined with other evidence, such as eyewitness testimony, to reconstruct the scene of a crash.
Dash cams as well as telematics records could be helpful during a truck collision. Telematics is the collection of data gathered by the vehicle's onboard computer. This data is used to instruct fleet drivers and record incidents. This can include important details like speed, rough brakes, phone usage and more. This can be compared to the log books of truck drivers to determine if they had accurate records were maintained.
A fax record of any communications regarding the trip before the accident is also important. This could include information about the route and destination, as well as any stops along the way, or even a record of any messages between the driver of the truck and the company. An experienced personal injury attorney can use this to prove that the truck driver was distracted, ignoring safety procedures, or taking unnecessary risks.
If a victim of a truck accident can show that the trucking company, driver, or any other defendants failed in their duty of care and caused the accident they must be held accountable for any injuries sustained as a result. Plaintiffs must prove that the defendants broke a law or regulation, and that the violation caused harm. It is easier to prove that a breach of an traffic law was negligent, but Federal regulations require a more thorough analysis.
Negotiating a Settlement
In many cases victims of truck accidents is able to settle their case without having to go to trial. In order to negotiate settlement, you'll need to discuss the facts of your crash with the insurance company. This includes the amount to which you are entitled to under state law. A lawyer who handles truck accidents can evaluate your injuries, and document your losses due to them, in order to determine the value of your case. The attorney can then use the results of similar lawsuits involving truck accidents and the amount of compensation juries awarded victims in similar situations to determine the amount of a fair settlement.
Your lawyer may also be able to negotiate directly with the insurance company to ensure that the settlement you receive is sufficient to cover the damages you have which are documented. This will include any amount you've lost because you were unable to work to get treatment for your injuries. The lawyer can help you document the losses, including old pay statements. If your injuries hinder you from returning to the same job, you may also be entitled to compensation.
Insurance companies usually begin the conversation with a low-ball offer. This technique is used to gauge the level of urgency you have to settle your claim and can have a negative impact on the value of your claim. A lawyer who is experienced can avoid being deceived by staying calm and not allowing pressure to accept a settlement that is inadequate.
Once your lawyer has negotiated a reasonable settlement amount, they will send a written demand for settlement to the responsible party and they must respond within 30 days, or your right to take action against the responsible party in court will be revoked. In certain cases the trucking company may refuse to negotiate, and your lawyer will start a lawsuit against the negligent party.
It isn't possible to give a general estimate of what the settlement from a truck accident is worth since each case is unique and has its own factors, such as the extent of your injuries and the length of time you will miss from work to receive medical treatment. Settlements for truck accidents can be millions of dollars.