Truck Accident Litigation
There are a variety of defendants in the litigation involving truck accidents. These defendants could include the driver of the truck and their employer as and a business that manufactured defective equipment, or a contractor who loaded cargo incorrectly.
Many trucks have event data recorders (also called black boxes) which can aid investigators in determining what caused a crash happened. Personal injury lawyers who are experienced be able to match the information with log books.
Investigation of the Scene
When a car accident occurs, the first step in an investigation is usually to collect evidence physically and take pictures. Truck accidents are not the same. There are other factors to take into consideration. For example, trucks are often transporting dangerous goods, and even a relatively minor crash can result in severe or fatal injuries.
The investigation process is therefore more complicated than a typical car accident. It takes longer and requires the help of experts from a variety of areas. Luckily, a reputable lawyer can connect you to the most qualified people to do this job.
Eyewitness interviews are a vital part of a thorough accident investigation. It also requires the assistance of experts who can reconstruct how the accident happened based on the evidence that is collected. This information is crucial to holding a defendant liable for the accident.
Additionally, the attorney should seek any information from the truck driver and the company that might be relevant to the case. This could include details regarding the safety policies of the trucking company as well as training procedures and maintenance protocols. Also, the history of the truck driver is vital including any previous incidents, reprimands, or test results for alcohol or drugs.
Another piece of evidence to collect is the data from the truck's black box. These devices, similar to those installed in planes, can offer a lot of information about the incident. Attorneys must seek this information as quickly as possible, as it could be lost due to the elements or passing traffic.
Finally, an attorney should also collect medical records from the victims of the crash. These documents will help prove that the injuries sustained in the crash have resulted in significant and long-lasting damage. It is essential to keep these documents together with any doctor's notes and treatment schedules.
Expert Witnesses
Most truck accidents are settled between insurance company, the victim and the trucking company. However, some do not and need to be brought to court. Expert witnesses are essential in these cases. They are experts with the education and experience to evaluate the evidence in your case, and then provide their opinion to jurors. They can explain complex medical concepts, mechanical theories and economic concepts to jurors who have little or no understanding of them.
The type of expert witness required, they can be as simple as a car mechanic who can determine why your vehicle was damaged during the crash, to metallurgists who can conduct a failure analysis of the truck part that is in question, or pathologists who can determine the cause of death. They might also be required to look into and testify on specific aspects of your case, such as the force of the crash or the vehicle's speed, or accident reconstruction.
Medical experts are also required to verify the extent and severity of your injuries. Insurance companies often challenge this issue, claiming you exaggerate your injuries, or that they were pre-existing issues and that the accident didn't cause any further damage. In these instances, your attorney may call an independent expert to refute the claims of the insurance's doctor.
Additionally an expert witness could be crucial to finding out that the trucker at fault in the accident was negligent in any way. They will make use of their expertise to help the jury understand how the truck driver failed to do his or her job, the consequences this negligence caused and the financial repercussions of the inattention for you.
GPS Tracking
It is not uncommon that victims of truck accidents suffer severe injuries. They are entitled to compensation for medical bills, lost wages and pain and suffering, along with other expenses. Cellino Law, a Manhattan truck accident lawyer firm is prepared to fight for justice and compensation for their clients.
One of the most beneficial technological tools in any accident scenario is GPS tracking. These devices are a staple of the trucking industry and often include a range of crucial information that can be used to determine the liability. A Qualcomm system can, for instance, provide important information, such as speed of braking, engine performance, and service hours. This information can be paired with other evidence, including eyewitness testimony to reconstruct the scene of the crash.
Other important pieces of information from a truck accident case could be records from the trucking company's telematics program and dash cams. Telematics refers to the data gathered by a vehicle's onboard computer. It is used for training of fleet drivers as well as to record incidents. The data can include speed, harsh braking and phone usage. This information can be compared with the log books of the truck driver to see whether accurate records were maintained.
Another important piece of evidence is any fax communications records that might have been transmitted regarding the journey prior to the accident. This could include information on the travel route and its destination, any stops along the way, or even the details of any communications between the truck driver and the company. A seasoned personal injury lawyer could use this evidence to prove that the trucker was distracted, followed unsafe procedures or taking unnecessary risks.
If the victim of a car accident can prove that the trucking company, driver, or any other defendants, failed to uphold their duty of diligence, and caused the collision and resulted in the collision, then they should be accountable for any injuries that occur due to the collision. To prevail, the plaintiff must show that the defendant acted in violation of a statute or regulation and this breach directly caused harm. It is much simpler to prove that a violation of traffic laws was negligent however Federal regulations require a more complex analysis.
Negotiating a Settlement
In many instances, truck crash victims are able to settle their claims without going to court. In order to negotiate an agreement, you'll be required to discuss the circumstances of your crash with the insurance company. sioux falls truck accident attorney is the amount you are entitled under state law. A skilled attorney in truck accidents can evaluate your injuries and document the damages you've suffered due to the crash to determine how your case is worth. The attorney can then use the results of other similar lawsuits involving truck accidents and the amount of compensation juries awarded victims in similar situations to calculate an acceptable settlement amount.
Your lawyer can also negotiate with the insurance company to make sure that the settlement you receive covers the documented damages. This includes any money you lost because you missed work to get treatment for your injury. The lawyer can assist with submitting documentation to prove these losses, such as old pay bills. If your injuries hinder you from returning to your previous job, you may also be eligible for compensation.
Insurance companies often begin the conversation by offering a low offer. This method is used to determine the level of urgency you have to settle your case. It could have a negative impact on the value of your claim. A seasoned attorney can prevent being judged low-balled by staying at peace and not giving in to pressure to accept a poor settlement.
Once your lawyer has negotiated an acceptable settlement amount, they'll make a written demand for settlement to the party responsible for the fault that must be addressed within 30 days, or your right to bring a lawsuit against the responsible party in court will be forfeited. In some cases the trucking company could refuse to negotiate. Your lawyer will initiate a lawsuit on behalf of the party who was negligent.
It is impossible to provide an estimate of the value of a truck crash settlement since each case is unique. For instance, the severity of the injuries and the amount of time you'll miss work for medical treatment are two factors which can be different. However, it is not unusual for settlements from truck accidents to be worth millions of dollars.