Truck Accident Litigation
There are a myriad of potential defendants in truck accident litigation. These defendants may include the driver of the truck and their employer, as and a business that manufactured defective equipment, or a contractor who improperly loaded cargo.
Many trucks have event data recorders (also called black boxes) that can assist investigators in determining the cause of an accident occurred. Personal injury lawyers who have experience will be able match the log book information with the accident.
Investigation of the Scene
In the event of a car crash, the first thing to do is collect evidence. Truck accidents are not the same. There are many other factors to take into consideration. For instance truck accidents often involve dangerous goods and even a minor crash can cause severe or fatal injuries.
The process of investigation is more complicated than a typical car accident. It is also more time consuming and requires the assistance of experts from various areas. A lawyer who is experienced can assist you in finding the right professionals to handle this task.
An extensive investigation into a truck accident involves interviewing eyewitnesses and visiting the site of the crash. It also requires the help of experts who can retrace the events that led to the accident based on the evidence that is collected. This is essential in finding a defendant accountable for the incident.
A lawyer should also ask the trucking company and driver for any information that may be relevant to a case. This could include information regarding the trucking company’s safety policies, maintenance protocols, and training procedures. Also, the background of the driver of the truck is important including any previous incidents, reprimands or test results for alcohol or drugs.
The data gathered from the black box of the truck is another piece of evidence that should be collected. These devices, which are similar to those used in planes, may provide many details about the accident. Your attorney should get this information as soon as possible, as it could be lost due to weather or traffic.
A lawyer should also collect medical records of the victims. These documents will prove that the injuries sustained during the accident have triggered long-lasting and significant damage. It is crucial to keep these documents, together with any notes from a doctor and treatment schedules.
Expert Witnesses
While most truck accidents result in a settlement between the insurance company and the party who was injured Some do not, and need to be tried in the court. This is where expert witnesses play a crucial role. They are experts who have the knowledge, training and expertise to analyze the evidence in your case, and present their views to the jury. They can explain complex mechanics, medical concepts and economic concepts to jurors who have very little or no knowledge of them.
Expert witnesses could be anything from a simple car mechanic to a metallurgist that can examine the failure of a part of the truck or a pathologist to determine the cause of death. They may also be required to look into and testify on specific elements of your case like the force of the collision or the vehicle's speed, or reconstruction of the accident.
Another important area where expert witnesses are called in is for medical experts to confirm the severity of your injuries. This is a subject which can be a major issue by the insurance company since they try to argue that you have exaggerated your injuries or that they were pre-existing injuries and that the accident didn't cause any further damage. In these instances, your attorney may call an independent expert to counter the insurance's doctor's testimonies.
Additionally an expert witness can be crucial when it comes to showing that the truck driver involved in the accident was negligent in a certain way. They will use their expertise to help the jury understand the reasons why the truck driver was unable to perform his or her job, the consequences the failure led to, and the resulting financial repercussions of the inattention for you.
GPS Tracking
When accidents involving trucks happen, it is not uncommon for their victims to sustain serious injuries. They are entitled to compensation for medical expenses, lost wages, pain and suffering, in addition to other costs. Cellino Law, a Manhattan truck accident lawyer firm is prepared to fight for justice and compensation for their clients.
One of the most beneficial pieces of technology in any accident case is GPS tracking. These devices are used by the trucking industry, and usually contain a variety of vital information which can assist in determining liability. A Qualcomm system can, for instance, provide crucial information like speed as well as braking performance as well as engine performance and service hours. This can be combined with other evidence such as eyewitness testimony to reconstruct the scene of the crash.
Dash cams as well as telematics records could also prove useful in the event of a truck crash. Telematics is the collection of data that is gathered by a vehicle's onboard computer. This information is used to train fleet drivers and to record incidents. This information can include speed, harsh braking and phone usage. This can be compared with the log books of the truck drivers to see if accurate data was recorded.
Another important piece of evidence is any fax communications records that might have been sent regarding the journey prior to the accident. It could contain information regarding the route and destination, as well as any stops on the way, and even a record of any messages between the truck driver and the company. An experienced personal injury attorney could use this evidence to prove that the trucker was distracted, ignoring safety procedures or taking unnecessary risks.
If a truck accident victim can prove that the trucking company, driver, or any other defendants, failed to fulfill their duty of care and triggered the collision, then they should be accountable for any injuries sustained as a result. Plaintiffs must prove that the defendants violated a law or regulation, and that this violation caused harm. It is much simpler to show that a violation of an traffic law was negligent, but Federal regulations require a more complex analysis.
The process of negotiating a settlement
In many instances truck accident victims may settle their claim without having to go to trial. The process of reaching settlement involves discussing the details of your situation with an insurance company including the amount you are entitled to under the law of your state. A truck accident lawyer can evaluate your injuries, and document your losses as a result to determine the worth of your case. The attorney can analyze the results of similar cases of truck accidents and the way juries have awarded victims in similar circumstances to determine the amount of a fair settlement.
Your lawyer may also be able to negotiate directly with the insurance company in order to ensure that the settlement you get will adequately cover the damage you've acknowledged. This includes any money you have lost as a result of missing work to seek treatment for your injuries. Lawyers can assist in submitting evidence for these losses, including old pay stubs. If you're unable to return to the exact same type of job because of your injuries, you may be entitled to compensation for loss of future earning capacity as well.
Insurance companies usually begin the discussion by making a low offer. This technique is used to gauge the level of urgency you have to settle your claim and could have a negative effect on the value of your claim. A seasoned attorney can prevent being low-balled by remaining calm and never giving in to pressure to accept an inadequate settlement.
After san diego truck accident attorney has reached an acceptable settlement amount, they will send a written settlement demand to the party at fault, which must be answered within 30 days or your right to take action against the responsible party in court will be forfeited. In certain cases, the trucking company may refuse to negotiate. Your attorney will then bring an action on behalf of the negligent party.
It isn't possible for us to give a general estimate of how much an accident settlement for a truck is worth since each case is unique and has its own factors like the severity of your injuries and the length of time that you'll be away working to undergo medical treatments. It is however not unusual for settlements in truck accidents to reach millions of dollars.