Truck Accident Litigation
The litigation involving truck accidents involves many possible defendants. These defendants may include the driver of the truck as well as their employer, as also a company that manufactured defective equipment, or an individual contractor who improperly loaded cargo.
Many trucks contain event data recorders, also known as black boxes, that can assist investigators in determining how an accident occurred. Personal injury lawyers with years of experience will be able to match the log book information with the accident.
Investigation of the Scene
If a car accident happens the first step in an investigation is usually to gather evidence in physical form and take photos. In truck accidents, however, there are many more aspects to be considered. Trucks are frequently carrying dangerous products and even a minor accident could cause serious or fatal injuries.
The process of investigation is more complex than a typical car accident. It takes longer and requires the assistance of experts from various areas. Luckily, a reputable lawyer will connect you with the most qualified people for this task.
Interviewing eyewitnesses is a crucial component of a thorough accident investigation. Experts are also needed to reconstruct the incident from the physical evidence. This information is crucial in making a defendant accountable for the accident.
A lawyer must also inquire of the trucking company as well as the driver for any information that could be relevant to the case. This could include information about the safety policies of the trucking company, maintenance protocols, and training procedures. Additionally, the past of the truck driver is important including any previous incidents, reprimands or test results for alcohol or drugs.
The information contained in the black box of the truck is another piece of evidence that needs to be collected. These devices, which are like those used in planes, could provide many details about the incident. Your lawyer must ask for this information as fast as possible, as it could fade over time because of the elements or traffic.
The attorney must also collect medical records from the victims of the crash. These documents will prove that the injuries suffered during the accident have caused lasting and substantial damage. It is crucial to preserve these documents, as well as any medical notes or treatment schedules that are accessible.
Expert Witnesses
The majority of truck accidents are settled between insurance company, the victim and the trucking company. However, some do NOT and must be taken to court. This is where expert witnesses play a crucial role. They are experts who have the knowledge, training and experience to assess information in your case and present their views to the jury. They can explain complicated medical concepts, mechanical concepts, and economic concepts to jurors with very little or no knowledge of them.
Expert witnesses could range from a simple car mechanic to a metallurgist that can evaluate the failure of a truck part or a pathologist that can determine the cause of death. They may be required to look into and testify on particular elements of your case, for instance the force of the crash, the vehicle velocity, or the reconstruction of the accident.
Medical experts are also required to evaluate the extent and severity of your injuries. This is an area which is often contested by the insurance company, 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 harm. In kansas truck accident attorney will call in an independent medical expert to challenge the insurance company's doctor's testimony.
In the end an expert witness could be crucial to finding out that the trucker at fault in the accident was negligent in a certain way. They will make use of their expertise to help the jury understand the truck driver's omission to fulfill his or her responsibilities and the financial repercussions that resulted from that failure and how that lack of performance affected you.
GPS Tracking
It is not uncommon for victims of truck accidents suffer severe injuries. They should be compensated for medical bills, lost wages and suffering as well as other costs. Manhattan truck accident lawyers from Cellino Law are prepared to seek justice for their clients and fight for the compensation they are due.
GPS tracking is among the most effective technologies used in the event of an accident. These devices are a common feature of the trucking industry, and typically contain a range of vital information that can be used to determine the liability. A Qualcomm system, for instance, can provide important information including speed and braking engines performance and hours of service. This information can be combined with other evidence, including eyewitness testimony, to reconstruct the scene of a crash.
Other crucial pieces of information from a truck accident incident could include the records of the trucking company's telematics system and dash cams. Telematics is a set of data gathered by a vehicle's onboard computer. It's utilized for coaching fleet drivers as well as to record incidents. It can contain important details like speed, rough brakes, usage of phones and more. This can be compared to the log books of the truck drivers to see if accurate data was recorded.
A fax recording of any communications regarding the trip before the accident is equally important. It could contain information regarding the route and destination, as well as any stops along the way, or even the record of any communication between the truck driver and the company. A seasoned personal injury lawyer can use this information to prove that the trucker was distracted, ignoring safety procedures, or taking risks that were not necessary.
If a person injured in a collision with a truck can prove that the trucking company, driver, or any other defendants failed to fulfill their duty of care and triggered the collision then they must be accountable for any injuries suffered due to the collision. To prevail, the plaintiff must prove that the defendant violated the law or regulation and that this violation directly caused harm. It is much easier to prove that a violation was negligent when it comes to traffic laws, however federal regulations require a much more complicated analysis.
The process of negotiating a settlement
In many instances, truck crash victims are able to settle their claims without having to go to court. The process of negotiating settlement involves discussing the facts of your case with an insurance provider and determining the amount you are legally entitled to under state law. A skilled attorney in truck accidents will evaluate your injuries and record the losses you've suffered due to the accident to determine much your case is worth. Then, the attorney can draw on the results of similar cases involving similar truck accidents as well as how juries have awarded victims in comparable situations to determine the fair amount to settle.
Your lawyer can also work directly with the insurance company in order to ensure that the settlement you get adequately covers the damages which are documented. This includes the amount you've paid because of your inability to work to seek treatment for your injuries. The lawyer can assist you document the losses, including old pay receipts. If you're not able to return to the exact same type of job because of the injuries you sustained, you could be entitled to compensation for loss of earning potential in the future as well.
Insurance companies often begin the conversation with a low-ball offer. This is a common tactic to gauge how desperate you are for a settlement and could impact the value of your case. A lawyer who is knowledgeable can avoid being lowballed by staying calm and never succumbing to pressure to accept any settlement that isn't adequate.
After your lawyer has reached a reasonable settlement amount, they will send a written demand for settlement to the party responsible for the fault and must be responded to within 30 days or your right to pursue the responsible party in court will be forfeited. In some cases a trucking company will refuse to negotiate and your attorney will bring a lawsuit against the negligent party.
It is impossible to provide an estimate of the worth of a truck accident settlement since each instance is unique. For instance the severity of injuries and the length of time you will be away from work to receive medical treatment are two factors that vary. But, it's not uncommon for truck accident settlements to exceed millions of dollars.