Truck Accident Litigation
There are many potential defendants in a lawsuit involving a truck accident. These defendants could include the driver of the truck as well as their employer, as also a company that manufactured defective equipment, or a contractor who improperly loaded cargo.
Many trucks are equipped with event data recorders (also known as black boxes) which can aid investigators in determining the cause of an accident occurred. An experienced personal injury lawyer will know how to link the information with log books.
Investigation of the Scene
In the event of a car crash the first step of an investigation is to collect evidence from the scene and take photographs. When it comes to truck accidents there are a variety of things to consider. Trucks are often carrying dangerous goods and even a minor incident can cause serious or fatal injuries.
The investigation process is therefore more complex than the typical car accident. It takes more time and requires the assistance of experts from different fields. Fortunately, a lawyer who is qualified will connect you with the most qualified people for this task.
A thorough investigation into the cause of a truck crash involves interviewing eyewitnesses as well as visiting the site of the crash. Experts are also required to reconstruct the accident using the physical evidence. This information is crucial in making a defendant accountable for the incident.
Additionally, the attorney should seek any information from the trucking company and driver that could be relevant to the case. This could include details regarding the safety guidelines of the trucking company training protocols, procedures for training, and maintenance protocols. The past history of the driver is also crucial. This includes any prior incidents, reprimands, or drug/alcohol tests results.
Another thing to be gathered is the data from the truck's black-box. garden grove truck accident lawsuit are similar to ones that are installed in planes, and they are able to provide a lot of information on how the accident occurred. Your lawyer must seek this information as quickly as possible, as it could fade over time due to the elements or the passing traffic.
A lawyer should also gather medical records of the victims. These records will aid in proving that the injuries suffered during the crash caused substantial and lasting damage. It is essential to keep these documents together with any notes from a doctor and treatment schedules.
Expert Witnesses
While the majority of truck accidents result in an agreement between the insurance company and the injured party, some do not and need to be tried in the court. Expert witnesses are crucial in these cases. They are professionals with the training, knowledge and experience to assess the evidence in your case and provide their opinions to the jury. They can explain complex medical, physical, mechanical, and economic concepts that most jurors lack knowledge of.
Depending on the kind of expert witness required, they can be as simple as a car mechanic who will determine the reason your vehicle was damaged during the accident or metallurgists who do a failure analysis on the truck part that is in question, or pathologists who can determine the causes of death. They might also be required to testify and examine particular aspects of your case, such as the force of the crash or the vehicle's speed, or even the reconstruction of the accident.
Medical experts are also required to determine the extent and severity of your injuries. This is an area that can be heavily contested by the insurance company, as they may 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 situations the lawyer will call an independent medical expert to challenge the doctor's testimony for insurance companies.
In the end an expert witness could be essential when it comes to showing that the truck driver involved in the accident was negligent in a certain way. They can use their expertise to help the jury comprehend the truck driver's omission to perform his or her duties as well as the financial implications which resulted from this failure, and how that failure affected you.
GPS Tracking
It is not uncommon for victims of truck accidents suffer severe injuries. They must be compensated for medical expenses, lost wages, suffering and pain, and 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.
One of the most effective technological tools in any accident scenario is GPS tracking. These devices are a common feature of the trucking industry and usually include a range of vital information that can be used to determine the liability. A Qualcomm system, for example can provide vital information on speed brake engines performance and hours of service. This information can be combined with other evidence, including eyewitness accounts, to reconstruct the scene of an accident.
Other important pieces of information from a truck accident case could be records from the trucking company's telematics program and dash cams. Telematics is the process of collecting data gathered by the vehicle's onboard computer. The data is used to instruct fleet drivers and record incidents. This could include vital information like speed, harsh brakes, phone usage and more. It can be compared to the log books of the truck drivers to see if accurate records were kept.
Another important piece of information is any fax records that may have been sent about the trip prior to the accident. This information can include the route, destination, any stops made along the way as well as any messages sent between the trucker and the company. This can be used by a seasoned personal injury lawyer to prove that the truck driver was distracted or ignoring safety procedures.
If the victim of a car accident can prove that the trucking company, driver or any other defendants, did not fulfill their duty of care, and caused the collision, then they should be accountable for any injuries sustained due to the collision. Plaintiffs must show that the defendants violated a law or regulation, and that the violation caused harm. It is easy to prove that a violation was not negligent when it comes to traffic laws, but federal regulations require a more complex analysis.
Negotiating a Settlement
In many instances, truck crash victims are able to settle their claims without having to go to court. In order to negotiate a settlement, you will need to discuss the facts of your crash with the insurance company. This includes the amount that you are entitled under the law of the state. A truck accident lawyer can assess your injuries and document the losses you have suffered as a result to determine the worth of your case. The attorney can then use the results of other similar lawsuits involving truck accidents and how juries awarded victims in similar situations to establish a reasonable settlement amount.
Your lawyer can also negotiate with the insurance company to ensure that the settlement you receive adequately covers the documented damages. This includes any money you've lost because of your inability to work to seek treatment for your injuries. The lawyer can assist in submitting evidence for these losses, including old pay receipts. If you are unable to return to the same kind of job due to your injuries, you may be entitled to compensation for loss of future earning capacity as well.
Insurance companies often begin the discussion by making an offer that is low. This method is used to determine how eager you are to settle your case and could have a negative impact on the value of your claim. An experienced attorney can avoid being judged low-balled by staying calm and never giving in to pressure to accept a low settlement.
Once your lawyer has negotiated a reasonable settlement amount, they'll make a written demand for settlement to the at-fault party and they must respond within 30 days or your rights to take action against the responsible party in court will be forfeited. In certain cases the trucking company may not negotiate and your lawyer will start a lawsuit against the negligent party.
It isn't possible to give a general estimate for how much a truck accident settlement is worth, as each case is unique such as the severity of your injuries as well as the length of time that you'll be away from work to receive medical treatment. However, it isn't common for settlements for truck accidents to exceed millions of dollars.