Truck Accident Litigation
Truck accident litigation can involve a wide range of potential defendants. They could include the driver of the truck as well as their employer as in addition to a company which produced defective equipment or a contractor who loaded cargo incorrectly.
Many trucks have event data recorders (also called black boxes) that can assist investigators in determining why the crash occurred. Professional personal injury attorneys know how to link this information to log books.
Investigation of the Scene
When a car accident occurs, the first step in an investigation is to gather evidence in physical form and take pictures. However, in the case of truck accidents, there are many more things to think about. Trucks are typically carrying dangerous goods and even a minor accident could result in fatal or serious injuries.
The process of investigation is more complex than a typical car accident. It is also more time consuming and requires the assistance of experts in a variety of fields. A lawyer with experience can assist you in finding the right people to complete this job.
The process of interviewing eyewitnesses is a vital part of a thorough truck accident investigation. It also requires the help of experts who can determine how the accident happened based on the evidence gathered. This information is essential to holding a defendant liable for the incident.
Additionally, an attorney must request any information from the trucking driver and the company that might be relevant to the case. This could include information on the safety policies of the trucking firm, training procedures, and maintenance protocols. The history of the driver is also crucial. This includes any prior incidents, reprimands or alcohol/drug test results.
Another thing to look for is the information from the truck's black-box. These devices, similar to those used in planes, can provide lots of details regarding the incident. Attorneys should ask for this information as fast as possible, as it may disappear over time because of the elements or traffic.
A lawyer should also collect medical records of the victims. These documents will help prove that the injuries sustained in the crash have caused substantial and lasting damage. It is essential to keep these documents, along with any doctor's notes or treatment schedules that are available.
Expert Witnesses
The majority of truck accidents are settled between the insurance company, the victim and the trucking company. However, there are some that do not and need to be brought to the court. fontana truck accident lawyer play an important role. They are professionals who have the education and experience to assess the evidence in your case, and then provide their opinion to jurors. They can explain complicated mechanical concepts, medical concepts, and economic concepts to jurors with only a basic understanding of them.
Expert witnesses could be anything from a simple car mechanic to a metallurgist that can analyze the failure of a truck part or a pathologist that can determine what caused the death. They may also be required to examine and testify about particular aspects of your case like the force of the collision or the vehicle's speed, or reconstruction of the accident.
Another important area where experts are consulted is to help medical experts confirm the severity of your injuries. Insurance companies typically contest this claim, claiming that you exaggerate your injuries, or the fact that these were pre-existing injuries and that the accident didn't cause any further harm. In these situations the lawyer will call an independent medical expert to counter the insurance company's doctor's testimony.
A witness who is an expert in the field can be beneficial in proving that the truck driver was negligent. They will use their expertise to help the jury comprehend how the truck driver did not perform his or her job, what the failure led to and the financial implications of this negligence for you.
GPS Tracking
When accidents involving trucks happen, it is not unusual for victims to sustain serious injuries. They are entitled to compensation for medical bills, lost wages and pain and suffering, along with other expenses. Manhattan truck accident lawyers from Cellino Law are prepared to seek justice for their clients and fight to get the compensation they deserve.
One of the most effective pieces of technology in any accident scenario is GPS tracking. These devices are an integral part of the trucking industry and often contain a range of vital information that can be used to determine liability. A Qualcomm system, for instance can provide crucial information on speed brake engines performance and service hours. This information can be paired with other evidence, like eyewitness accounts, to reconstruct the scene of a crash.
Other valuable pieces of information in a car accident case may include records from the trucking company's telematics system and dash cams. Telematics is the process of collecting data gathered by the vehicle's onboard computer. This data can be used to instruct fleet drivers and record incidents. This can include important information such as speed, hard brakes, usage of phones and more. This can be compared with the log books of the truck drivers to determine if accurate records were recorded.
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 about the route, destination, and any stops during the journey as well as any messages sent between the trucker and the company. An experienced personal injury lawyer could use this evidence to prove that the truck driver was distracted, not following safe procedures, or taking unnecessary risks.
When a victim of a car accident is able to demonstrate that the trucking company, truck driver or any other defendants failed to uphold their duty of care and caused the accident and the victim should be held accountable for any injuries sustained due to. To win a case, the plaintiff must show that the defendant violated an act or regulation and that the violation directly caused harm. It is simpler to prove that a violation was negligent in the context of traffic laws, however federal regulations require a much more complex analysis.
The process of negotiating a settlement
In many instances victims of truck accidents can settle their claim without having to go to trial. The process of reaching settlement involves discussing the facts of your situation with an insurance company including the amount you are legally entitled to under state law. A lawyer who handles truck accidents can evaluate your injuries and document the losses you have suffered in order to determine the value of your case. The attorney can then use the results of similar lawsuits involving truck accidents and the way juries awarded victims in similar situations to establish the amount of a fair settlement.
Your lawyer can also work directly with the insurance company to ensure that the settlement you receive is sufficient to cover the damages you have which are documented. This will include any amount you've lost as a result of missing work to receive treatment for your injuries. Lawyers can assist in submitting evidence for the losses you suffered, including old pay receipts. If your injuries hinder you from returning to your previous job, you may also be eligible for compensation.
Insurance companies will often start the discussion with a low-ball offer. This is a tactic used to test how desperate you are for a settlement and can affect the value of your case. A seasoned attorney can prevent being mistreated by remaining at peace and not giving in to the pressure to accept a shoddy settlement.
After your lawyer has reached an amount that is fair and fair, they'll send the at-fault person an email request for a settlement. The other party must respond within 30 days, or else you lose your right to bring a lawsuit against them in court. In some cases trucking companies will refuse to negotiate, and your attorney will bring a lawsuit against the negligent party.
It is difficult to give an estimate of the value of a truck accident settlement since each case is different. For instance the severity of injuries and the length of time you'll miss work to receive medical treatment are some of the factors which can be different. Settlements for truck accidents can be millions of dollars.