Truck Accident Litigation
Truck accident litigation covers numerous possible defendants. The defendants could include the driver of the truck as well as their employer as well as a company that manufactured defective equipment, or a contractor who loaded cargo incorrectly.
Many trucks are equipped with event data recorders (also called black boxes) which can aid investigators in determining what caused the crash took place. Personal injury lawyers who have experience will be able to verify the log book information with the accident.
Investigation of the Scene
In the event of a car crash the first thing you need to do is collect physical evidence. In the case of truck accidents, however there are a variety of things to think about. Trucks are typically carrying dangerous items and even a minor incident can result in fatal or serious injuries.
This is because the investigation process is more complex than a typical car accident. It is also more time-consuming and requires the assistance of experts in various fields. A qualified lawyer can help you find the right people to do this job.
A thorough investigation into the cause of a truck crash involves interviewing eyewitnesses and going to the scene of the accident. Experts are also needed to reconstruct the crash from the physical evidence. This information is crucial to holding a defendant responsible for the accident.
A lawyer must also inquire of the trucking company and the driver for any information they believe to be relevant to a case. This could include information regarding the safety policies of the trucking company maintenance protocols, policies for maintenance, and training procedures. Also, the background of the truck driver is vital for any past incidents, reprimands or drug/alcohol test results.
Another evidence source to collect is the data from the truck's black-box. These devices, which are similar to those installed in planes, can provide an abundance of information regarding the incident. The information you require should be sought immediately by your attorney, as it could fade away over time due to the elements or other traffic.
Finally, an attorney should also collect medical records from the victims of the crash. These records will show that the injuries sustained during the crash caused long-lasting and extensive damage. It is crucial to keep these documents together with any doctor's notes and treatment schedules.
Expert Witnesses
While most accidents involving trucks result in an agreement between the insurance company and the party who was injured however, some don't and need to be tried in court. Expert witnesses play a key role. They are experts who have the expertise, education and experience to assess the evidence in your case, and then present their findings to the jury. They can explain complex medical concepts, mechanical theories and economic concepts to jurors with only a basic understanding of them.
Expert witnesses could vary from a basic car mechanic to a metallurgist who will examine the failure of a truck's component or a pathologist who can determine the cause of death. They might be required to look into and testify on specific aspects of your case, for instance the force of the collision and the velocity of the vehicle, or the reconstruction of the accident.
Medical experts are also called upon to determine the extent and severity of your injuries. Insurance companies often challenge this area, claiming that you exaggerate your injuries or that these were pre-existing conditions and that the accident did not cause any further damage. In these situations the lawyer will call an independent medical expert to contest the insurance company's doctor's testimony.
A witness who is an expert in the field can be very useful in proving that a trucker was negligent. Expert witnesses will utilize their knowledge to help the jury comprehend the reasons why the truck driver did not perform his or her job, what that failure caused and the financial consequences that resulted from the negligence for you.
GPS Tracking
It is not unusual for victims of accidents involving trucks suffer serious injuries. They deserve compensation for medical bills, lost wages and suffering and other expenses. Manhattan truck accident lawyers from Cellino Law are prepared to find justice for their clients and fight for the compensation they deserved.
One of the most efficient technological tools in any accident scenario is GPS tracking. These devices are a staple of the trucking industry, and typically have a variety of important information that could be used to determine the extent of liability. A Qualcomm system can provide, for instance, important information such as speed of braking as well as engine performance and service hours. This can be used in conjunction with other evidence, like eyewitness testimony to reconstruct the scene of the crash.
Other crucial pieces of information from a truck accident case could be records from the trucking company's telematics system and dash cams. Telematics is a collection of data gathered by the vehicle's onboard computer. It is used to coach fleet drivers and to record incidents. The information could include speed, harsh braking, and phone usage. This information can be compared with the log books of truck drivers to determine whether accurate records were recorded.
A fax recording of any communications regarding the trip before the accident is also important. It could contain information regarding the route and destination, any stops on the way, and even the details of any communications between the truck driver and the company. This can be used by an experienced personal injury lawyer to show that the trucker was distracted or following unsafe procedures.
When a truck accident victim is able to demonstrate that the trucking company, driver or other defendants failed in their duty of care and caused the accident and the victim should be held responsible for any injuries that may have occurred as a result. eau claire truck accident law firm must prove that defendants violated a statute or regulation, and that the violation caused harm. It is easier to show that a violation of a traffic law was negligent however, Federal regulations require a more thorough analysis.
Negotiating a Settlement
In many instances, truck crash victims can settle their claims without going to court. The process of reaching settlement is to discuss the facts of your case with an insurance firm including the amount you are entitled to under the law of your state. A lawyer for truck accidents can evaluate your injuries, and document the damages you suffered in order to determine the value of your case. The attorney can take the findings of similar cases involving similar truck accidents as well as the way juries have awarded victims in similar situations to determine the fair amount to settle.
Your lawyer can also work directly with the insurance company to ensure that the settlement you receive adequately covers the damages acknowledged. This includes any money you lost because you missed work to get treatment for your injury. The lawyer can assist you submit documentation for the losses, including old pay receipts. If you are unable return to the same sort of job due to the injuries you sustained, you could be entitled to compensation for the loss of earning potential in the future as well.
Insurance companies usually begin the discussion by making an offer of low value. This is a common tactic to gauge how desperate you are for a settlement and can affect the value of your case. A lawyer who is experienced will avoid being slammed by remaining calm, and not giving in to pressure to accept any settlement that isn't adequate.
Once your lawyer has agreed to a reasonable settlement amount, they'll send a written settlement demand to the party at fault that must be addressed within 30 days or your rights to bring a lawsuit against the responsible party in court will be forfeited. In certain cases the trucking company may refuse to negotiate, and your attorney will bring a lawsuit against the negligent party.
It is impossible to give a general estimate for the amount a settlement for a truck accident is worth, as each case is unique like the severity of your injuries as well as the length of time you'll be absent from work for medical treatments. Settlements for truck accidents can range from millions of dollars.