Truck Accident Litigation
The litigation involving truck accidents involves numerous potential defendants. These defendants could include the driver of the truck as well as their employer, as and a business that produced defective equipment or a contractor who loaded cargo incorrectly.
Many trucks are equipped with event data recorders (also known as black boxes) which can aid investigators in determining what caused the crash took place. Personal injury lawyers with experience will be able to verify the log book information with the accident.
Investigation of the Scene
In the case of a car accident the first thing to do is gather physical evidence. However, in the case of truck accidents there are many other aspects to be considered. For instance trucks often transport dangerous items, and even a relatively minor crash can result in fatal or serious injuries.
The process of investigation is more complex than the typical car accident. It takes longer and requires the assistance of experts from different areas. A lawyer who is qualified can help you find the right experts to perform this work.
An extensive investigation into a truck accident involves interviewing eyewitnesses and going to the site of the crash. Experts are also required to reconstruct the incident by analyzing the physical evidence. This information is crucial in the case of a defendant being held accountable for the incident.
In addition, the attorney should seek out any information from the truck driver and company that may be relevant to the case. This could include information on the trucking company’s safety policies maintenance protocols, policies for maintenance, and training procedures. Also, the history of the truck driver is important, such as any past incidents, reprimands or drug/alcohol test results.
The data gathered from the black box of the truck is an additional source of evidence that must be gathered. These devices, which are similar to those used in planes, can provide an abundance of information regarding the incident. Your attorney must get this information as soon as you can, since it could be lost due to weather conditions or traffic.
A lawyer should also gather medical records of the victims. These records will show that the injuries suffered during the accident have triggered long-lasting and significant damage. It is crucial to save these documents, along with any medical notes or treatment schedules that are accessible.
Expert Witnesses
Most truck accidents are settled between insurance company, the injured party and the trucking company. However, some do NOT and must be taken to court. Expert witnesses are crucial in these cases. They are experts with the experience and training to analyze the facts in your case and give their opinion to the jurors. They can explain complicated mechanical concepts, medical concepts, and economic concepts to jurors who have only a basic understanding of them.
The type of expert witness needed, they can range from as simple as a car mechanic who can identify why your vehicle was damaged during the accident and metallurgists that can conduct a failure analysis of a specific truck part or pathologists who determine the reason for death. They may also be required to examine and testify about particular aspects of your case like the force of the crash or the vehicle's speed, or the reconstruction of an accident.
Another area in which expert witnesses are called in is for medical experts to verify the severity of your injuries. Insurance companies will often contest this claim, claiming that you exaggerate the severity of your injuries or that they have pre-existing conditions and that the accident did not cause any additional harm. In these cases the attorney could call an independent expert to challenge the claims of the insurance's doctor.
Lastly an expert witness can be vital when it comes to showing that the truck driver involved in the accident was negligent in some way. They can use their expertise to help the jury comprehend how the truck driver did not perform his or her job, what this negligence caused and the financial repercussions of the negligence for you.
GPS Tracking
It is not unusual for victims of accidents involving trucks suffer serious injuries. louisiana truck wreck lawyer deserve financial support to cover medical bills as well as lost wages, suffering and associated costs. Cellino Law, a Manhattan truck accident lawyer firm is prepared to fight for justice and compensation for their clients.
GPS tracking is one of the most effective technologies used in accident cases. These devices are a standard of the trucking industry, and typically come with a variety of important information that could be used to determine the liability. A Qualcomm system, for instance can provide vital information on speed and braking, engine performance and hours of service. This information can be paired with other evidence, including eyewitness testimony, to reconstruct the scene of a crash.
Other important pieces of information in a car accident incident could include the records of the trucking company's telematics software and dash cameras. Telematics is the collection of data collected by a vehicle’s onboard computer. This information is used to train fleet drivers and to record incidents. This can include important details like speed, rough braking, phone usage, and more. This information can be compared with the truck driver's log books to determine if accurate records were maintained.
A fax recording of any communication about the trip before the accident is also vital. This information can include the route, destination, and any stops during the journey as well as any messages sent between the trucker and the company. A skilled personal injury lawyer could use this evidence to prove that the trucker was distracted, following unsafe procedures or taking unnecessary risks.
If a victim of a truck accident is able to prove that the trucking company, driver or other defendants did not uphold their duty of care and caused the accident and the victim should be held accountable for any injuries that may have occurred due to. To prevail, the plaintiff must prove that the defendant acted in violation of any law or regulation, and this breach directly caused harm. It is much simpler to prove that a violation of the traffic law was wrongful however, Federal regulations require a more thorough analysis.
Negotiating a Settlement
In many instances, a truck accident victim is able to settle their case without having to go to trial. In order to negotiate an agreement, you'll be required to discuss the circumstances of your crash with the insurance company. This includes the amount to which you are entitled to under the law of the state. A lawyer who is involved in a truck accident will evaluate your injuries and document the losses you have suffered that result from them to determine the worth of your case. The lawyer can then utilize the results of similar lawsuits involving truck accidents and how juries awarded victims in similar situations to determine the amount of a fair settlement.
Your lawyer may also work with the insurance company to make sure that the settlement you receive adequately will cover your documented losses. This will include any money you have lost as a result of missing work to get treatment for your injuries. Lawyers can assist in submitting documentation for these losses, including old pay bills. If you are unable to return to the same kind 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 typically start the conversation by offering an offer of low value. This technique is used to gauge how desperate you are to settle your claim and can have a negative impact on the value of your claim. A knowledgeable attorney can avoid being judged low-balled by staying at peace and not giving in to pressure to accept a low settlement.
After your lawyer has negotiated an amount that is fair then they will mail the person at fault an email request for a settlement. The person who is responsible must respond within 30 days, otherwise you'll lose your right to bring a lawsuit against them in court. In some instances, a trucking company will refuse to negotiate, and your lawyer will start a lawsuit against the negligent party.
It is difficult to give an estimate of the worth of a truck accident settlement since each instance is unique. For instance, the severity of the injuries and the time you'll be away from work for medical treatment are factors that can vary. It is however not uncommon for truck accident settlements to exceed millions of dollars.