Truck Accident Litigation
Truck accident litigation can involve an array of potential defendants. They may include the truck driver and their employer as well as a manufacturer that produced defective equipment or a company that loaded cargo improperly.
Many trucks are equipped with event data recorders, also referred to as black boxes, which will help investigators determine the reason the crash took place. Personal injury attorneys with experience will be able to verify the data in log books.
Investigation of the Scene
In the event of a car crash the first thing you need to do is gather physical evidence. Accidents involving trucks are distinct. There are other factors to take into consideration. For instance, trucks are often transporting dangerous items and even a minor accident can cause fatal or serious injuries.
This is why the investigation process is more complicated than the typical car accident. It is also more time consuming and requires the assistance of experts from various areas. A lawyer who is qualified can assist you in finding the right people to do this job.
An extensive investigation into a truck accident involves interviewing eyewitnesses and visiting the scene of the crash. 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 finding a defendant accountable for the occurrence.
A lawyer should also contact the trucking firm and the driver for any information that may be relevant to a specific case. This could include information on the safety policies of the trucking company maintenance procedures, safety policies, and training procedures. Also, the history of the truck driver is vital including any previous incidents, reprimands, or test results for alcohol or drugs.
Another thing to gather is the data from the truck's black-box. These devices are similar to ones found in airplanes, and can provide a wealth of information about the circumstances of the accident. Your attorney must get this information as soon as you can, since it may disappear over time due to the elements or the passing traffic.
The attorney should also collect medical records from the victims of the crash. These documents will assist in proving that the injuries suffered in the crash have caused substantial and lasting damage. It is crucial to save these documents, along with any doctor's notes or treatment schedules that are readily available.
Expert Witnesses
While most accidents involving trucks result in an agreement between the insurance company and the injured party Some do not, and need to be tried in court. This is where expert witnesses play a vital role. They are professionals with the training, knowledge, and expertise to evaluate information in your case and provide their opinions to the jury. They can explain complicated mechanical concepts, medical concepts, and economic concepts to jurors who have little or no knowledge of them.
Expert witnesses can range from a straightforward car mechanic to a metallurgist able to analyze the failure of a truck part or a pathologist who can determine the cause of death. They may be required to look into and testify on specific aspects of your case, such as the force or crash and the velocity of the vehicle, or the accident reconstruction.
Another crucial area where experts are called in is for medical experts to verify the severity of your injuries. This is an area that is frequently contested by the insurance company as they will try to claim that you're exaggerating your injuries or that they were pre-existing injuries and that the accident did not cause any additional damage. In these cases your lawyer will bring an independent medical expert who will challenge the doctor's testimony for insurance companies.
A witness who is an expert in the field can be helpful in proving a truck driver was negligent. Expert witnesses will utilize their knowledge to help the jury understand the reasons why the truck driver was unable to perform his or her job, the consequences that failure caused, and the resulting financial repercussions of the negligence for you.
GPS Tracking
It is not uncommon that victims of accidents involving trucks suffer serious injuries. They deserve financial assistance to cover medical expenses as well as lost wages, suffering and related expenses. Cellino Law, a Manhattan truck accident lawyer firm is prepared to fight for justice and compensation for their clients.
One of the most useful pieces of technology in any accident scenario is GPS tracking. These devices are a common feature of the trucking industry, and typically have a variety of vital information that can be used to determine the liability. A Qualcomm system, for instance, can provide important information on speed as well as braking performance engine performance, and service hours. This information can be paired with other evidence, including eyewitness testimony to reconstruct the scene of an accident.
Other valuable pieces of information from a truck accident case could be records from the trucking company's telematics system and dash cameras. Telematics refers to the information gathered by an automobile's onboard computer that is used for training of fleet drivers and for recording incidents. It can contain important details like speed, rough brakes, phone usage and more. This can be compared with the log books of truck drivers to see if accurate records were recorded.
A fax record of any communication regarding the trip before the accident is also important. This information can include the route, destination, and any stops made along the way and any messages exchanged between the trucker and the company. This can be used by a knowledgeable personal injury lawyer to show that the truck driver was distracted or following unsafe procedures.
If a victim of a truck accident can show that the trucking company, driver or any other defendants did not uphold their duty of care and caused the accident they must be held responsible for any injuries sustained due to. In order to win a case the plaintiff must show that the defendant acted in violation of a statute or regulation and this breach directly caused harm. It is much easier to prove that a violation was not negligent when it comes to traffic laws, but federal regulations require a much more complex analysis.
Negotiating a Settlement
In many instances, truck crash victims can settle their claims without going to court. In order to reach a settlement, you'll need to discuss the specifics of your crash with the insurance company. This includes the amount to which you are entitled under the law of your state. A lawyer for truck accidents can assess your injuries and document the losses you have suffered due to them, in order to determine the worth of your case. The attorney can take the findings of similar truck accident cases and the way juries have awarded victims in similar situations to determine the fair amount to settle.
Your lawyer may also be able to negotiate directly with the insurance company in order to ensure that the settlement you get adequately covers the damages acknowledged. This will include any money you have lost because you were unable to work to seek treatment for your injuries. sunnyvale truck accident lawsuit can assist you with submitting documentation to prove these losses, including old pay receipts. If you are unable to return to the same kind 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 usually begin the conversation by making a low-ball offer. This method is used to determine how desperate you are to settle your case and could have a negative impact on the value of your claim. A lawyer who is well-informed will avoid being slammed by remaining calm and not giving in to pressure to accept the terms of a settlement that are not adequate.
After your lawyer has negotiated an amount that is fair then they will mail the at-fault person an official demand for a settlement. The party must reply within 30 days, otherwise you'll lose the right to take them to court. In some instances a trucking company will not negotiate and your attorney will bring a lawsuit against the negligent party.
It is not possible to give an estimate of the value of a settlement because every case is unique. For example the severity of the injuries and the length of time you'll be off from work to receive medical treatment are factors which can be different. However, it isn't common for settlements for truck accidents to be in the millions.