Truck Accident Litigation
Truck accident litigation covers a wide range of possible defendants. These defendants could include the driver of the truck and their employer, as well as a company that manufactured defective equipment or an individual contractor who loaded cargo incorrectly.
Many trucks are equipped with event data recorders (also called black boxes) that can assist investigators in determining the cause of a crash happened. Personal injury lawyers who have experience will be able to match the information in log books.
Investigation of the Scene
When a car accident occurs, the first step in an investigation is usually to collect evidence from the scene and take photographs. However, in the case of truck accidents there are numerous other factors to take into consideration. Trucks are often carrying dangerous items and even a minor accident can result in fatal or serious injuries.
Because of this, the investigation process is more complex than that of a standard car accident. It is also more time consuming and requires the assistance of experts from various fields. A qualified lawyer can help you locate the right experts to perform this work.
A thorough truck accident investigation involves interviewing eyewitnesses as well as visiting the site of the crash. Experts are also required to reconstruct the crash from the physical evidence. This information is crucial to the case of a defendant being held accountable for the accident.
Furthermore, an attorney must request any information from the trucking driver and the company that might be relevant to the case. This could include information regarding the safety guidelines of the trucking company, training procedures, and maintenance protocols. Also, the background of the driver of the truck is crucial like any prior incidents, reprimands or alcohol/drug test results.
The data gathered from the black box in the truck is an additional element of evidence that should be gathered. These devices are similar to ones that are installed in planes, and they can provide a wealth of information regarding what caused the accident. This information should be requested as soon as you can by your attorney, since it could be lost because of the elements or the speed of traffic.
In addition, the attorney should also obtain medical records from the victims of the crash. These documents will prove that the injuries sustained in the accident have caused lasting and extensive damage. It is crucial to keep these documents together with any doctor's notes and treatment schedules.
Expert Witnesses
Most truck accidents are settled between the insurance company, the injured party and the trucking company. However, tustin truck accident lawyer do not and need to be brought to court. Expert witnesses play a crucial role. They are experts with the knowledge and training required to assess the evidence in your case, and then give their opinion to the jurors. They can explain complicated medical, physical, mechanical and economic concepts that most jurors are not aware of or have no understanding of.
The type of expert witness needed, they can range from as simple as a mechanic who will determine the reason your vehicle was damaged during the accident, to metallurgists who can do a failure analysis on a specific truck part or pathologists who determine the reason for death. They might be required to examine and testify to specific elements of your case, for instance the force or the crash or the vehicle's velocity, or the reconstruction of the accident.
Medical experts are also called upon to verify the extent and severity of your injuries. This is an area which is often contested by insurance companies as they may try to claim that you're exaggerating your injuries or that they were pre-existing and that the accident did not cause any additional damage. In these situations your lawyer will call in an independent medical expert to contest the testimony of the insurance company's doctor.
In the end an expert witness can be essential when it comes to proving that the trucker involved in the accident was negligent in some way. They will use their knowledge to help the jury understand the truck driver's failure fulfill his or her responsibilities and the financial repercussions that resulted from that failure and how that lack of performance affected you.
GPS Tracking
When accidents with trucks occur it is not unusual for victims to sustain serious injuries. They are entitled to financial aid to cover medical bills loss of wages, pain and suffering and other associated costs. 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 useful pieces of technology in any accident scenario is GPS tracking. These devices are utilized by the trucking industry, and often contain a range of important information which can assist in determining liability. A Qualcomm system, for example can provide vital information including speed brake engine performance, and hours of service. This information can be paired with other evidence, such as eyewitness accounts, to reconstruct the scene of the crash.
Other crucial pieces of information in a truck accident case could be records from the trucking company's telematics software and dash cams. Telematics involves the collection of data gathered by the vehicle's onboard computer. This information can be used to instruct fleet drivers and record incidents. This could include vital details like speed, rough braking, phone usage, and more. This information can be compared to the truck driver's log books to determine if the correct records were maintained.
Another important piece of information is any fax records that were sent about the trip prior to the accident. This could include information about the route, destination, any stops on the way along with any messages sent between the trucker and the company. This information can be used by an experienced personal injury lawyer to show that the truck driver was distracted or did not follow safe procedures.
When a truck accident victim can prove that the trucking company, driver or other defendants did not uphold their duty of care and caused the collision and the victim should be held responsible for any injuries that may have occurred due to. Plaintiffs must prove that defendants violated a statute or regulation, and that this violation caused harm. It is easy to prove that a violation was negligent when it comes to traffic laws, however federal regulations require a more intricate analysis.
The process of negotiating a settlement
In many cases, truck accident victims are able to settle their claims without going to court. In order to negotiate an agreement, you'll need to discuss the specifics of your accident with the insurance company. This includes the amount to which you are entitled under state law. A lawyer for truck accidents can evaluate your injuries and document the losses you have suffered due to them, in order to determine the worth of your case. The attorney can then apply the results from other similar lawsuits for truck accidents and the amount of compensation juries awarded victims in similar circumstances to determine the amount of a fair settlement.
Your lawyer can also negotiate with the insurance company to ensure that the settlement you receive covers the documented damages. This includes any amount you've lost because of your inability to work to get treatment for your injuries. The lawyer can help document the losses, including old pay statements. If you're unable to return to the exact same type of job due to the injuries you sustained, you could be eligible for compensation for the loss of earning potential in the future as well.
Insurance companies usually begin the conversation with a low-ball offer. This technique is used to gauge how eager you are to settle your claim and could have a negative effect on the value of your claim. A lawyer with experience can avoid being deceived by remaining calm, and not giving in to pressure to accept any settlement that isn't adequate.
After your lawyer has reached an acceptable settlement amount, they'll make a written demand for settlement to the responsible party and must be responded to within 30 days or your rights to bring a lawsuit against the responsible party in court will be forfeited. In certain cases the trucking company may refuse to negotiate and your attorney will file a lawsuit against the negligent party.
It is not possible to provide a general figure of how much a settlement for a truck accident is worth, as each situation is different including the severity of your injuries and the length of time you'll be absent from work to receive medical treatment. But, it's not common for settlements for truck accidents to be worth millions of dollars.