Truck Accident Litigation
There are a lot of potential defendants in the litigation involving truck accidents. They may include the truck driver and their employer, as well as a company who produced defective equipment, or a company that loaded cargo in a way that was not properly.
Many trucks are equipped with event data recorders (also called black boxes) that can assist investigators in determining why an accident occurred. Professional personal injury attorneys know how to link this information to log books.
Investigation of the Scene
In the case of a car accident the first thing to do is collect physical evidence. However, in the case of truck accidents, there are many more things to think about. For instance, trucks are often transporting dangerous products and even a minor crash can cause severe or fatal injuries.
This is why the investigation process is more complicated than that of a standard car accident. It takes more time and requires the assistance of experts from a variety of fields. Luckily, a reputable lawyer can help you connect with the best people for this task.
A thorough truck accident investigation involves interviewing eyewitnesses and visiting the scene of the crash. It also requires the help of experts who can determine the circumstances of the crash based on the evidence that is collected. This information is crucial to holding a defendant responsible for the incident.
A lawyer must also inquire of the trucking firm and the driver for any information that might be relevant to a particular case. This could include details regarding the trucking company's safety policies training protocols, procedures for training, and maintenance procedures. Additionally, the past of the truck driver is vital, such as any past incidents, reprimands, or results of a drug/alcohol test.
Another piece of evidence to look for is the information from the truck's black-box. These devices, similar to those installed in planes, may provide a lot of information about the accident. Your lawyer must get this information as soon as you can, since it could be lost because of the elements or the passing traffic.
Finally, an attorney should also gather medical records from the victims of the crash. These documents will assist in proving that the injuries suffered in the crash have resulted in significant and long-lasting damage. It is important to keep these documents, along with any medical notes and treatment schedules.
Expert Witnesses
While most truck accidents result in a settlement between the insurance company and the party who was injured however, some don't and have to be tried in the court. Expert witnesses play an important role. They are professionals with the experience, knowledge, and expertise to evaluate the facts in your case and then provide their opinion to the jury. bloomington truck accident lawyer can explain complex medical, physical, mechanical and economic concepts that a majority of jurors are not aware of or have no knowledge of.
Depending on the kind of expert witness you require, they could be as basic as a car mechanic who will determine the reason your vehicle was damaged in the accident, to metallurgists who can conduct a failure assessment on an individual truck component or pathologists who determine the cause of death. They may also be required to examine and testify about particular aspects of your case such as the force of the crash as well as the velocity of the vehicle or even the reconstruction of the accident.
Another crucial area where expert witnesses are called in is to help medical experts verify the severity of your injuries. Insurance companies will often contest this claim, claiming that you exaggerate your injuries, or that they have pre-existing conditions and that the accident didn't cause any further damage. In these cases the lawyer will call in an independent medical expert to counter the insurance company's doctor's testimony.
A witness who is an expert in the field can be extremely helpful in proving a truck driver was negligent. Expert witnesses will utilize their knowledge to help the jury understand the reasons why the truck driver was unable to perform his or her job, what that failure caused and the financial implications of this inattention for you.
GPS Tracking
It is not uncommon that victims of truck accidents suffer serious injuries. They deserve financial support to cover medical expenses and lost wages, as well as suffering and related costs. 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 beneficial technologies in any accident case is GPS tracking. These devices are used by the trucking industry and often contain a variety important data which can assist in determining the liability of the driver. A Qualcomm system, for instance, can provide important data on speed brake engines performance and hours of service. This information can be combined with other evidence, for instance eyewitness testimony, to reconstruct the scene of the crash.
Other valuable pieces of information in a truck crash case may include records from the trucking company's telematics system and dash cameras. Telematics is the gathering of data gathered by the vehicle's onboard computer. The data can be used to instruct fleet drivers and to record incidents. This could include vital details like speed, rough braking, phone usage, and more. It can be compared to the log books of truck drivers to see if accurate data was recorded.
Another crucial piece of information is any fax records which may have been transmitted regarding the trip prior to the incident. This can include the route, destination, and any stops along the way, as well as any messages exchanged between the trucker and the company. An experienced personal injury lawyer could use this evidence to prove that the truck driver was distracted, ignoring safety procedures, or taking unnecessary risks.
If a victim of a truck accident is able to demonstrate that the trucking company, driver or other defendants failed to uphold their duty of care and caused the collision and the victim should be held responsible for any injuries that may have occurred due to. To win a case, the plaintiff must show that the defendant violated a statute or regulation and this breach directly caused harm. It is much simpler to prove that a violation of an traffic law was negligent, but Federal regulations require a more thorough analysis.
The process of negotiating a settlement
In many instances, truck crash victims can settle their claims without going to court. To reach an agreement, you'll have to discuss the details of your accident with the insurance company. This includes the amount to which you are entitled to under state law. A lawyer for truck accidents can evaluate your injuries and document the losses you have suffered in order to determine the worth of your case. The attorney can then apply the results of similar lawsuits involving truck accidents and the amount of compensation juries awarded victims in similar situations to determine a reasonable settlement amount.
Your lawyer can also work directly with the insurance company to ensure that the settlement you get is adequate to cover the losses that are documented. This includes any money that you lost because you missed work to get treatment for your injury. The lawyer can assist in submitting documentation for these losses including old pay statements. If you are unable to return to the same type of job due to your injuries, you may be eligible for compensation for the loss of earning potential in the future as well.
Insurance companies usually begin the conversation by making an offer that is low. This technique is used to gauge the level of urgency you have to settle your case. This can have a negative impact on the value of your claim. A lawyer who is experienced will avoid being slammed by remaining calm, and never succumbing to pressure to accept the terms of a settlement that are not adequate.
After your lawyer has agreed to an amount that is fair then they will mail the at-fault person a written request for a settlement. The person who is responsible must respond within 30 days otherwise you'll lose the right to sue them in court. In some cases the trucking company could refuse to negotiate. Your attorney will then start a lawsuit on behalf of the party who was negligent.
It is impossible to provide a general figure of how much the settlement from a truck accident is worth because each individual situation is different, such as the degree of your injuries, as well as the amount of time that you'll be away from work due to medical treatments. Settlements from truck accidents can amount to millions of dollars.