Truck Accident Litigation
Truck accident litigation involves numerous possible defendants. These defendants could include the driver of the truck and their employer, as in addition to a company which produced defective equipment or an individual contractor who improperly loaded cargo.
Many trucks contain event data recorders, also known as black boxes, that can aid investigators in determining the cause of an accident occurred. Personal injury attorneys with experience will be able match the information in log books.
Investigation of the Scene
In the case of a car accident the first thing you need to do is collect physical evidence. Truck accidents are not the same. There are more factors to consider. For example, trucks are often transporting dangerous items, and even a relatively minor accident can cause fatal or serious injuries.
This is because the investigation process is more complicated than that of a standard car accident. It is also longer, and it requires the help of experts from various areas. A lawyer who is experienced can assist you in finding the right people to complete this task.
Eyewitness interviews are a vital part of a thorough accident investigation. Experts are also needed to reconstruct the accident using the physical evidence. This information is vital in the case of a defendant being held accountable for the occurrence.
A lawyer must also inquire of the trucking company and the driver for any information that could be relevant to the case. This could include information on the safety guidelines of the trucking company, maintenance protocols, and training procedures. The past history of the driver is also crucial. This includes any previous incidents, reprimands or drug/alcohol test results.
The data from the black box in the truck is yet another piece of evidence that should be gathered. These devices are similar to the ones found on airplanes and can provide a lot of information about what caused the accident. Your attorney must ask for this information as fast as possible, as it could be lost due to weather conditions or the passing traffic.
Finally, an attorney must also collect medical records from the victims of the crash. These records will prove that the injuries suffered during the crash caused a significant and lasting injury. It is vital to keep these documents, along with any doctor's notes and treatment schedules.
Expert Witnesses
The majority of truck accidents are settled between insurance company, the victim and the trucking company. However, there are some that do NOT and must be brought to the court. new bedford truck accident lawyer play a vital role. They are professionals 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 concepts, medical concepts and economic concepts to jurors with little or no knowledge of them.
Expert witnesses can range from a straightforward car mechanic to a metallurgist who will evaluate the failure of a truck's component or a pathologist who will determine the cause of death. They could also be required to look into and testify on specific elements of your case like the force of the collision as well as the velocity of the vehicle or accident reconstruction.
Another important area where expert witnesses are called in is to help medical experts determine the severity of your injuries. Insurance companies often challenge this issue, claiming 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 cases your lawyer may bring in an independent expert to refute the evidence of the doctor who is a part of the insurance.
A witness who is an expert in the field can be very useful in proving that a trucker was negligent. They will make use of their expertise to help the jury comprehend the truck driver's failure to perform their duties and the financial consequences which resulted from this failure, and how that failure affected you.
GPS Tracking
It is not unusual for victims of truck accidents suffer serious injuries. They deserve financial support to deal with medical bills loss of wages, pain and suffering and other related costs. Cellino Law, a Manhattan truck accident lawyer firm is ready to fight for justice and compensation for their clients.
GPS tracking is among the most effective technologies used in accident cases. These devices are used by the trucking industry, and often contain a range of important information that help determine responsibility. A Qualcomm system can provide important information such as speed, braking performance engines performance, speed, and service hours. This can be combined with other evidence like eyewitness testimony to help reconstruct the scene of the crash.
Dash cams as well as telematics records could be helpful in the event of a truck accident. Telematics refers to the data gathered by a vehicle's onboard computer. It is used for fleet driver coaching and for recording incidents. The information could include speed, harsh braking and phone usage. This can be compared to the log books of the truck drivers to determine whether accurate records were maintained.
Another important piece of information is any fax messages that were transmitted regarding the trip prior the accident. This could include information about the travel route and its destination, any stops during the journey, and even the record of any communication between the truck driver and the company. An experienced personal injury attorney can use this information to prove that the trucker was distracted, following unsafe procedures or taking unnecessary risks.
If a victim of a truck crash can prove that the trucking company or driver, or any other defendants failed to uphold their duty of diligence and caused the collision, then they should be held accountable for any injuries incurred due to the collision. To prevail, the plaintiff must show that the defendant acted in violation of a statute or regulation and that the violation directly caused harm. It is much easier to prove that a violation of traffic laws was negligent, but Federal regulations require a more detailed analysis.
The process of negotiating a settlement
In many cases, truck accident victims can settle their claims without going to court. In order to negotiate a settlement, you'll need to discuss the specifics of your accident with the insurance company. This includes the amount to which you are entitled to under the law of your state. An experienced truck accident attorney can assess your injuries and document the losses you have suffered due to the accident to determine the value of your case is. The attorney can then apply the results of other similar lawsuits involving truck accidents and the amount of compensation juries awarded victims in similar situations to establish an appropriate settlement amount.
Your lawyer can also negotiate with the insurance company to ensure that the settlement you receive adequately covers your documented damages. This includes money you've lost due to your inability to work to get treatment for your injury. The lawyer can help you submit documentation for these losses, including former pay statements. If your injuries stop you from returning to your previous job, you could be eligible for compensation.
Insurance companies will often start the discussion with a low-ball offer. This is a standard tactic to determine how desperate are to negotiate a settlement and can affect the value of your case. A lawyer with experience is able to avoid being mistreated by remaining calm, and never succumbing to pressure to accept a settlement that is inadequate.
After your lawyer has reached an amount that is fair then they will mail the at-fault person a written demand for a settlement. The person who is responsible must respond within 30 days, or else you lose the right to bring a lawsuit against them in court. In certain cases, a trucking company will refuse to negotiate, and your lawyer will start a lawsuit against the negligent party.
It is impossible to give an estimate of the value of a settlement as each case is unique. For example the severity of injuries and the amount of time you will be away from work for medical treatment are some of the factors that can vary. Settlements for truck accidents can be millions of dollars.