Truck Accident Litigation
There are a lot of potential defendants in a lawsuit involving a truck accident. They may include the truck driver and their employer as well as a company that produced defective equipment or a company that loaded cargo in a way that was not properly.
Many trucks have event data recorders, often referred to as black boxes, that can help investigators determine how the crash happened. Personal injury lawyers with years of experience will be able match the information in log books.
Investigation of the Scene
When a car wreck occurs the first step in an investigation is to gather evidence in physical form and then take photographs. However, in the case of truck accidents there are a variety of things to consider. For example trucks are frequently transporting dangerous goods, and even a relatively minor accident can cause fatal or serious injuries.
This is because the investigation process is more complicated than the typical car accident. It takes more time and requires the assistance of experts from different areas. Luckily, a lawyer with experience will connect you with the best people for this task.
The process of interviewing eyewitnesses is a vital element of a thorough truck accident investigation. It also requires the help of experts who can determine the circumstances of the crash based on the evidence gathered. This is essential in finding a defendant accountable for the accident.
A lawyer must also inquire of the trucking firm and the driver for any information that might be relevant to the case. This could include information about the safety guidelines of the trucking company, maintenance protocols, and training procedures. The background of the driver is important. This could include any previous incidents, reprimands or drug/alcohol tests results.
Another thing to be gathered is the data from the black box in the truck. These devices, similar to those installed in planes, could provide a lot of information about the incident. Your attorney must request this information as soon as you can, since it could fade over time because of the elements or traffic.
In addition, the attorney must also collect medical records from the victims of the crash. These documents will help prove that the injuries sustained in the crash have caused significant and long-lasting damage. It is essential to keep these documents, along with any medical notes or treatment schedules that are accessible.
Expert Witnesses
While most accidents involving trucks result in an agreement between the insurance company and the injured party but some do not and need to be tried in the court. This is where expert witnesses play a key role. They are professionals with the experience and training to evaluate the information in your case, and then give their opinion to the jurors. thornton truck wreck lawyer can explain complex medical, physical, mechanical, and economic concepts that the majority of jurors have little or no knowledge of.
Depending on the type of expert witness needed, they can be as simple as a mechanic who can identify why your vehicle was damaged in the accident, to metallurgists who can perform a failure analysis on the truck part that is in question or pathologists who determine the reason for death. They may be required investigate and testify about particular elements of your case, such as the force of the collision or the speed of the vehicle or the accident reconstruction.
Another crucial area where experts are brought in is to help medical experts confirm the severity of your injuries. Insurance companies frequently contest this area, claiming that you exaggerate your injuries or that they have pre-existing conditions and that the accident did not cause any further harm. In these cases your lawyer will bring an independent medical expert to contest the claims of the insurance company's doctor.
A witness who is an expert in the field can be helpful in proving that a truck driver was negligent. They will utilize their knowledge to help the jury understand the truck driver's failure complete his or her job and the financial consequences caused by that failure and how that failure affected you.
GPS Tracking
When truck accidents occur, it is not uncommon for their victims to sustain serious injuries. They deserve financial support for medical expenses as well as lost wages, pain and suffering and other associated costs. Manhattan truck accident lawyers from Cellino Law are prepared to pursue justice for their clients and fight for the compensation they deserved.
One of the most effective tools in the event of an accident is GPS tracking. These devices are used by the trucking industry, and typically contain a variety important data that can help determine who is responsible. A Qualcomm system, for instance can provide crucial information including speed as well as braking performance engine performance, and service hours. This can be used in conjunction with other evidence such as eyewitness testimony to help reconstruct the scene of the crash.
Other valuable pieces of information from a truck accident case may include records from the trucking company's telematics software and dash cams. Telematics is a set of information gathered by a vehicle's onboard computer that is used to coach fleet drivers and for recording incidents. This information can include speed, harsh braking, and phone usage. This information can be compared to the truck driver's log books to see whether accurate records were recorded.
A fax record of any communication about the trip prior to the accident is also crucial. This could include the route, destination, and any stops during the journey and any messages exchanged 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 they must be held accountable for any injuries incurred due to. Plaintiffs must show that defendants violated a law or regulation, and that the violation caused harm. It is much simpler to show that a violation of the traffic law was wrongful however, Federal regulations require a more intricate analysis.
The process of negotiating a settlement
In many instances, a truck accident victim may settle their claim without having to go to trial. In order to reach a settlement, you will be required to discuss the circumstances of your accident with the insurance company. This is the amount you are entitled to under the law of your state. A lawyer who is involved in a truck accident can evaluate your injuries, and document the losses you have suffered due to them, in order to determine the worth of your case. The attorney can then use the results of similar lawsuits related to truck accidents as well as how juries awarded victims in similar situations to establish the amount of a fair settlement.
Your lawyer can also negotiate directly with the insurance company to ensure that the settlement you get will adequately cover the damage you've which are documented. This includes any money you've lost due to missing work to get treatment for your injuries. The lawyer can help you document these losses, which could include former pay stubs. If your injuries hinder you from returning to the same job, you may also be eligible for compensation.
Insurance companies usually begin the conversation by making a low-ball offer. This method is used to determine how desperate you are to settle your case and can have a negative impact on the value of your claim. A knowledgeable attorney can avoid being judged low-balled by staying unflinching and never yielding to pressure to accept a low settlement.
Once your lawyer has negotiated an acceptable settlement amount, they will send a settlement demand in writing to the responsible party and must be responded to within 30 days or your rights to take action against the responsible party in court will be revoked. In certain cases, the trucking company may refuse to negotiate. Your lawyer will bring a lawsuit on behalf of the party who was negligent.
It isn't possible for us to provide a general figure for how much an accident settlement for a truck is worth as each case has unique factors like the degree of your injuries, as well as the length of time you'll miss from work to receive medical treatment. Settlements from truck accidents can amount to millions of dollars.