Truck Accident Litigation
Truck accident litigation can involve an array of potential defendants. The defendants could include the driver of the truck as well as their employer, as and a business that manufactured defective equipment, or an individual contractor who improperly loaded cargo.
Many trucks are equipped with event data recorders (also known as black boxes) that can assist investigators in determining the cause of the crash occurred. Personal injury lawyers 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 to do is collect evidence. Truck accidents are different. There are a variety of factors to take into consideration. For example trucks often transport dangerous products, and even a relatively minor crash could result in severe or fatal injuries.
Because of this, the investigation process is more complicated than that of a normal car accident. It takes more time and requires the help of experts from different areas. Luckily, a lawyer with experience can connect you with the best people for this task.
Eyewitness interviews are a vital part of a thorough truck accident investigation. Experts are also required to reconstruct the incident using the physical evidence. This information is crucial in making a defendant accountable for the incident.
In addition, the attorney should seek any information from the truck company and driver that could be relevant to the case. This could include information about the safety policies of the trucking company maintenance procedures, safety policies, and training procedures. The past of the driver is important. This includes any past incidents, reprimands or drug/alcohol tests.
The data from the black box in the truck is yet another piece of evidence that needs to be gathered. These devices, which are similar to those found in planes, could provide lots of details regarding the accident. Your attorney should seek this information as quickly as possible, as it could fade over time due to weather or the passing traffic.
In addition, the attorney should also obtain medical records from the victims of the crash. These records will show that the injuries sustained during the accident have triggered long-lasting and substantial damage. It is important to keep these documents, along with any medical notes and treatment schedules.
Expert Witnesses
Although the majority of truck accidents result in a settlement between the insurance company and the party who was injured, some do not and need to be tried in the court. Expert witnesses are critical in these cases. They are professionals with the training, knowledge and expertise to analyze the evidence in your case, and then provide their opinion to the jury. They can explain complicated mechanical, physical, medical, and economic concepts that most jurors have no or little understanding of.
Expert witnesses could range from a simple car mechanic to a metallurgist who can determine the failure of a truck's component or a pathologist who can determine the cause of death. They could be required to examine and testify on particular elements of your case, for instance the force of the crash or the speed of the vehicle or the reconstruction of the accident.
Medical experts are also required to verify the extent and severity of your injuries. This is an area that can be heavily contested by insurance companies as they try to argue 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 may bring in an independent expert to challenge the testimony of the insurance doctor.
Lastly an expert witness could be crucial when it comes to showing that the truck driver involved in the accident was negligent in any way. They will utilize their knowledge to assist jurors in understanding the truck driver's omission to perform their duties and the financial consequences that resulted from that failure and how the failure affected you.
GPS Tracking
It is not uncommon for victims of accidents involving trucks suffer serious injuries. They must be compensated for medical expenses, lost wages, suffering and pain, along with other expenses. 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.
GPS tracking is among the most efficient technologies in the event of an accident. These devices are a common feature of the trucking industry and frequently have a variety of crucial information that can be used to determine liability. A Qualcomm system, for instance can provide crucial data on speed, braking engine performance, and hours of service. This can be combined with other evidence like eyewitness testimony to help reconstruct the scene of the crash.
Other pieces of valuable information from a truck accident investigation could be evidence from the trucking company's telematics software and dash cameras. Telematics is a collection of information gathered by a vehicle's onboard computer. It is used for fleet driver coaching and also to record incidents. This may include crucial information like speed, harsh brakes, phone usage and more. It can be compared to the log books of truck drivers to determine if they had accurate records were recorded.
Another important aspect is any fax communications records which may have been transmitted regarding the journey prior to the accident. This could include the route, destination, any stops made during the journey along with any messages sent between the trucker and the company. This information can be used by a seasoned personal injury lawyer to show that the trucker was distracted or not following safe procedures.
If a truck accident victim can prove that the trucking company, driver, or any other defendants, did not perform their duty of care and triggered the collision and caused the accident, they should be held accountable for any injuries suffered as a result. Plaintiffs must show that defendants violated a statute or regulation, and that this violation caused harm. It is easy to prove that a violation was negligent in the context of traffic laws, however federal regulations require a more complex analysis.
Negotiating a Settlement
In many cases, truck accident victims are able to settle their claims without having to go to court. The process of negotiating settlement is to discuss the facts of your case with an insurance company which includes the amount you are entitled to under the law of the state. college station truck wreck lawyer can assess your injuries and record the losses you have suffered as a result of the crash to determine how your case is worth. The attorney can then use the results of other similar lawsuits for truck accidents and how juries awarded victims in similar circumstances to determine the amount of a fair settlement.
Your lawyer can also negotiate directly with the insurance company to ensure that the settlement you get will adequately cover the damage you've documented. This includes any money you've lost due to missing work to receive treatment for your injuries. The lawyer can assist you provide evidence of the losses, including old pay stubs. If your injuries stop you from returning to your previous job, you could be entitled to compensation.
Insurance companies typically start the conversation by making an offer that is not as high. This is a tactic used to determine how desperate are for a settlement and can impact the value of your case. A seasoned attorney can prevent being snubbed by a judge by remaining calm and never giving in to the pressure to accept a shoddy settlement.
After your lawyer has negotiated an amount that is fair and fair, they will send the person who is at fault a written request for a settlement. The party must respond within 30 days or you'll lose the right to pursue them in court. In some 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 an estimate of the worth of a truck accident settlement because every situation is unique. For example the severity of injuries and the amount of time you'll miss work for medical treatment are factors that vary. However, it isn't unusual for settlements in truck accidents to exceed millions of dollars.