Truck Accident Litigation
The litigation involving truck accidents involves an array of potential defendants. They may include the truck driver and their employer, and a manufacturer that manufactured defective equipment or a company that loaded cargo improperly.
Many trucks are equipped with event data recorders (also called black boxes) that can assist investigators in determining how a crash happened. Personal injury lawyers who are experienced be able to connect this information with log books.
Investigation of the Scene
In the event of a car crash the first thing to do is gather evidence. In the case of truck accidents, however there are a variety of aspects to be considered. Trucks are often carrying dangerous items and even a minor collision can result in fatal or serious injuries.
Because of this, the investigation process is more complicated than that of a normal car accident. It takes more time and requires the help of experts from various fields. Luckily, a lawyer with experience will connect you with the most qualified people for this job.
Interviewing eyewitnesses is a crucial part of a thorough truck accident investigation. Experts are also needed to reconstruct the crash using the physical evidence. This information is vital in the case of a defendant being held accountable for the occurrence.
Additionally, an attorney must request any details from the truck company and driver that could be relevant to the case. This could include information on the safety policies of the trucking company maintenance protocols, as well as training procedures. Also, the history of the driver of the truck is crucial like any prior incidents, reprimands or test results for alcohol or drugs.
Another piece of evidence to gather is the data from the truck's black-box. These devices, like those used in planes, can provide a lot of information about the incident. The information you need should be requested immediately by your attorney, because it could be lost because of the elements or the speed of traffic.
Additionally, an attorney must also collect medical records from the victims of the crash. These documents will prove that the injuries sustained during the crash caused long-lasting and substantial damage. It is essential to keep these documents along with any doctor's notes and treatment schedules.
Expert Witnesses
While the majority of truck accidents result in an agreement between the insurance company and the victim Some do not, and need to be tried in court. Expert witnesses play a key role. They are professionals who have the experience and training to analyze the facts in your case and provide their opinions to jurors. They can explain complicated mechanical, physical, medical, and economic concepts that the majority of jurors have little or no knowledge of.
Based on the type of expert witness required they could be as straightforward as a mechanic who can identify why your vehicle was damaged in the accident and metallurgists that can do a failure analysis on a specific truck part, or pathologists who can determine the reason for death. They might be required to investigate and testify about specific aspects of your case, for instance the force of the crash or the speed of the vehicle or the reconstruction of the accident.
Medical experts are also required to assess the severity and extent of your injuries. Insurance companies frequently contest this area, claiming that you exaggerate the severity of your injuries or that they were pre-existing issues and that the accident did not cause any additional damage. In these cases, your attorney will call an independent medical expert who will challenge the insurance company's doctor's testimony.
Finally, an expert witness can be crucial to showing that the truck driver involved in the accident was negligent in some way. Expert witnesses will utilize their knowledge to help the jury comprehend the reasons why the truck driver was not doing his or her job, what this failure has caused, and the resulting financial consequences that resulted from the inattention for you.
GPS Tracking
When accidents involving trucks happen, it is not uncommon for their victims to sustain serious injuries. They deserve compensation for medical expenses, lost wages, suffering and pain, and 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 efficient technologies in any accident scenario is GPS tracking. These devices are utilized by the trucking industry and they often contain a range of important information which can assist in determining who is responsible. A Qualcomm system, for instance can provide crucial information on speed, braking engine performance, and service hours. This information can be used in conjunction with other evidence, such as eyewitness testimony to help reconstruct the scene of the crash.
Dash cams and telematics data can also be useful during a truck collision. Telematics is the collection of data gathered by the vehicle's onboard computer. This data can be used to instruct fleet drivers and record incidents. The information could include speed, harsh braking and phone usage. This information can be compared with the log books of the truck driver to determine if accurate records were recorded.
Another important piece of information is any fax communications records that were sent out regarding the trip prior to the accident. This could include information about the route and destination, as well as any stops along the way, or even the details of any communications between the truck driver and the company. This can be used by a skilled personal injury lawyer to show that the trucker was distracted or did not follow safe procedures.
When a truck accident victim is able to demonstrate that the trucking company, 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 suffered as a result. To prevail, the plaintiff must prove that the defendant acted in violation of a statute or regulation and that this violation directly caused harm. It is much simpler to prove that a violation of traffic laws was negligent however, Federal regulations require a more thorough analysis.
The process of negotiating a settlement
In many instances victims of truck accidents can settle their claim without going to trial. The process of negotiating a settlement involves discussing the details of your case with an insurance company including the amount you are legally entitled to under state law. A skilled attorney in truck accidents can assess your injuries and document the losses you've suffered due to the accident to determine the value of your case is. The attorney can then use the results from other similar lawsuits related to truck accidents as well as the amount of compensation juries awarded victims in similar situations to determine the amount of a fair settlement.
laguna niguel truck accident law firm can also work directly with the insurance company in order to ensure that the settlement you get is adequate to cover the losses that are documented. This includes any money you've lost due to your inability to work to seek treatment for your injury. The lawyer can assist in submitting documentation for the losses you suffered, including old pay receipts. If you are unable to return to the same type of job due to the injuries you sustained, you could be eligible for compensation for the loss of future earning capacity as well.
Insurance companies usually begin the discussion by making an offer of low value. This method is used to determine how desperate you are to settle your case. This can have a negative impact on the value of your claim. A seasoned attorney can prevent being mistreated by remaining at peace and not giving in to pressure to accept an inadequate settlement.
After your lawyer has reached an amount that is reasonable, they will send the at-fault person an official demand for settlement. The other party must respond within 30 days, or you will lose your right to pursue them in court. In some cases trucking companies will not negotiate and your lawyer will pursue a lawsuit against a negligent party.
It isn't possible for us to provide a general estimate of how much the settlement from a truck accident is worth because each individual case is unique and has its own factors such as the severity of your injuries as well as the length of time you'll miss from work for medical treatments. It is however not unusual for settlements in truck accidents to be worth millions of dollars.