Truck Accident Litigation
The litigation involving truck accidents involves numerous possible defendants. They could include the driver of the truck and their employer as and a business that produced defective equipment or an individual contractor who improperly loaded cargo.
Many trucks are equipped with event data recorders, sometimes referred to as black boxes, which will help investigators determine the reason the crash took place. An experienced personal injury lawyer will know how to link this information to log books.
Investigation of the Scene
If a car accident happens, the first step in an investigation is usually to gather physical evidence and take photos. In truck accidents, however there are numerous other things to think about. Trucks are often carrying dangerous goods and even a minor accident can cause serious or fatal injuries.
The investigation process is therefore more complex than the typical car accident. It is also more time consuming and requires the assistance of experts in a variety of fields. akron truck accident law firm who is qualified can help you find the right people to do this task.
An exhaustive investigation into a truck accident involves interviewing eyewitnesses and visiting the scene of the accident. It also requires the assistance of experts who can determine how the accident happened based on the evidence gathered. This information is crucial to making a defendant accountable for the accident.
Additionally, the attorney must request any information from the trucking driver and company that may be relevant to the case. This could include details regarding the safety policies of the trucking firm or training procedures, as well as maintenance procedures. Also, the history of the truck driver is important, such as any past incidents, reprimands or alcohol/drug test results.
The data from the black box in the truck is another piece of evidence that should be collected. These devices are similar to the ones that are installed in airplanes, and are able to provide a lot of information about the circumstances of the accident. The information you need should be requested whenever possible by your lawyer, as it could be lost due to the elements or the speed of traffic.
Additionally, an attorney should also obtain medical records from the victims of the crash. These records will show that the injuries suffered during the crash have caused long-lasting and substantial damage. It is vital to preserve these documents, along with any medical notes or treatment plans that are available.
Expert Witnesses
While most truck accidents end up in an agreement between the insurance company and the person who was injured however, some don't and have to be tried in court. This is where expert witnesses play a vital role. They are experts with the knowledge and training required to assess the evidence in your case, and give their opinion to the jurors. They can explain complex mechanical, physical, medical, and economic concepts that many jurors lack understanding of.
Expert witnesses could be anything from a simple car mechanic to a metallurgist who will analyze the failure of a part of the truck or a pathologist who will determine the cause of death. They may be required to investigate and testify about specific aspects of your case, like the force or the crash or the vehicle's velocity, or the accident reconstruction.
Medical experts are also required to assess the severity and extent of your injuries. Insurance companies frequently contest the claim that you exaggerate the severity of your injuries or that they have pre-existing conditions and that the incident didn't cause any further harm. In these situations your lawyer will bring in an independent medical expert to challenge the doctor's testimony for insurance companies.
Finally an expert witness could be vital when it comes to proving that the trucker who was involved in the accident was negligent in some way. They can use their expertise to assist jurors in understanding the truck driver's inability to complete his or her job and the financial repercussions that resulted from that failure and how that failure affected you.
GPS Tracking
It is not uncommon for victims of truck accidents suffer serious injuries. They should be compensated for medical bills, lost wages and 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 are due.
GPS tracking is among the most useful technologies in the event of an accident. These devices are used by the trucking industry, and usually contain a wide array of data which can assist in determining who is responsible. A Qualcomm system, for instance, can provide important information about speed brake engines performance and service hours. This can be combined with other evidence, like eyewitness testimony to reconstruct the scene of the crash.
Dash cams and telematics data could also prove useful in the event of a truck crash. Telematics refers to the information gathered by an automobile's onboard computer, which is used for fleet driver coaching and to record incidents. This can include important information like speed, harsh braking, phone usage and more. It can be compared with the log books of the truck driver to see whether accurate records were recorded.
Another crucial piece of information is any fax communication records that may have been sent regarding the trip prior to the accident. This could include information about the route and destination, any stops on the way, and even the record of any communication between the driver of the truck and the company. This information can be used by an experienced personal injury lawyer to show that the truck driver was distracted or not following safe procedures.
If the victim of a car accident can prove that the trucking company or driver, or any other defendants, did not uphold their duty of diligence, and caused the collision then they must be held accountable for any injuries incurred as a result. Plaintiffs must prove that defendants violated a law or regulation, and that this violation caused harm. It is much simpler to show that a violation of the traffic law was wrongful, but Federal regulations require a more thorough analysis.
Negotiating a Settlement
In many instances victims of truck accidents can settle their case without having to go to trial. The process of reaching an agreement involves discussing the facts of your case with an insurance firm which includes the amount you are entitled to under state law. An experienced lawyer for truck accidents can assess your injuries and document the damages you've suffered in the crash to determine how your case is worth. The attorney will then be able to use the results of similar lawsuits related to truck accidents as well as the amount of compensation juries awarded victims in similar situations to establish an acceptable settlement amount.
Your lawyer can also negotiate with the insurance company to ensure that the settlement you receive covers the damages you have documented. This includes the money you lost because you missed work to get treatment for your injury. The lawyer can help you with the documentation required for these losses, including former pay statements. If your injuries hinder you from returning to the same job, you could be eligible for compensation.
Insurance companies typically begin the conversation by making an offer of low value. This is a tactic used to gauge how desperate you are for a settlement and could impact the value of your case. A lawyer who is experienced will avoid being slammed by remaining calm, and never succumbing to pressure to accept a settlement that is inadequate.
Once your lawyer has agreed to a reasonable settlement amount, they will send a written demand for settlement to the at-fault party and they must respond within 30 days or your right to take action against the responsible party in court will be forfeited. In some instances trucking companies will not negotiate and your attorney will bring a lawsuit against the negligent party.
It isn't possible for us to provide an estimate for how much a settlement for a truck accident is worth because each individual situation is different, such as the degree of your injuries, as well as the amount of time you'll be absent working to undergo medical treatments. Settlements for truck accidents can be millions of dollars.