Truck Accident Litigation
Truck accident litigation involves numerous possible defendants. These defendants could include the driver of the truck and their employer as in addition to a company which manufactured defective equipment, or a contractor who improperly loaded cargo.
Many trucks are equipped with event data recorders, sometimes referred to as black boxes, which can assist investigators in determining how an accident occurred. Personal injury attorneys with experience can match the data in log books.
Investigation of the Scene
In the case of a car accident, the first thing to do is gather physical evidence. The causes of truck accidents differ. There are whittier truck accident lawyer to consider. Trucks are typically carrying dangerous products and even a minor accident could cause serious or fatal injuries.
The investigation process is therefore more complex than the typical car accident. It takes more time and requires the help of experts from different fields. Luckily, a reputable lawyer can connect you to the most qualified people to do this job.
A thorough truck accident investigation includes interviewing eyewitnesses, as well as going to the scene of the crash. It also requires the help of experts who can retrace how the accident happened based on the physical evidence that is collected. This is essential in holding a defendant liable for the accident.
In addition, the attorney must request any information from the truck company and driver that could be relevant to the case. This could include details regarding the safety policies of the trucking company, training procedures, and maintenance procedures. Additionally, the past of the driver of the truck is crucial for any past incidents, reprimands or alcohol/drug test results.
The information from the black box of the truck is an additional piece of evidence that should be gathered. These devices are similar to ones that are installed in planes, and they can provide a lot of information about how the accident happened. Attorneys must request this information as soon as possible, as it could fade over time due to the elements or passing traffic.
Finally, an attorney should also gather 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, along with any doctor's notes and treatment schedules.
Expert Witnesses
While the majority of accidents involving trucks result in an agreement between the insurance company and the injured party, some do not and have to be tried in the court. Expert witnesses are vital in these cases. They are professionals who have the knowledge and training required to evaluate the evidence in your case and offer their opinion to jurors. They can explain complicated medical concepts, mechanical theories and economic concepts to jurors with little or no knowledge of them.
Depending on the type of expert witness required, they could be as straightforward as a mechanic who can figure out why your vehicle was damaged in the accident and metallurgists who perform a failure analysis on an individual truck component, or pathologists who can determine the causes of death. They might also be required to review and testify about specific elements of your case like the impact of the crash or the vehicle's speed, or accident reconstruction.
Another important area where expert witnesses are called in is for medical experts to confirm the severity of your injuries. This is an area that is frequently contested by the insurance company as they may try to claim that you have exaggerated your injuries or that they were pre-existing and that the accident did not cause any additional harm. In these instances, your attorney may call in an independent expert to challenge the evidence of the doctor who is a part of the insurance.
A witness who is an expert in the field can be helpful in proving that a trucker was negligent. They can use their expertise to assist jurors in understanding the truck driver's failure to perform their duties as well as the financial implications of that failure and how the failure affected the person who was affected.
GPS Tracking
When accidents with trucks occur, it is not unusual for victims to sustain serious injuries. They must be compensated for medical expenses, lost wages, suffering and pain, as well as other costs. Manhattan truck accident lawyers from Cellino Law are prepared to find justice for their clients and fight to get the compensation they deserve.
GPS tracking is among the most useful technologies in the event of an accident. These devices are an integral part of the trucking industry and usually come with a variety of important data that can be used to determine liability. A Qualcomm system can provide, for instance, important information such as speed and braking performance as well as engine performance and service hours. This information can be paired with other evidence, such as eyewitness testimony to reconstruct the scene of the crash.
Other pieces of valuable information in a car accident case may include records from the trucking company's telematics system and dash cams. Telematics is the collection of information gathered by an automobile's onboard computer that is utilized for coaching fleet drivers and to record incidents. This information can include speed, harsh braking, and phone usage. This can be compared to the log books of the truck drivers to determine whether accurate records were kept.
Another crucial piece of information is any fax records that may have been sent out regarding the trip prior to the accident. This can include the route, destination, and any stops during the trip and any messages sent between the trucker and the company. This information can be used by a knowledgeable personal injury lawyer to prove that the trucker was distracted or ignoring safety procedures.
If a victim of a truck accident is able to prove that the trucking company, driver or other defendants failed to adhere to their duty of care and caused the collision, they should be held responsible for any injuries sustained due to. In order to win a case the plaintiff must prove that the defendant acted in violation of an act or regulation and this breach directly caused harm. It is easier to prove that a violation was not negligent in the context of traffic laws, however federal regulations require a much more intricate analysis.
The process of negotiating a settlement
In many instances truck accident victims may settle their claim without going to trial. The process of reaching an agreement involves discussing the facts of your case with an insurance provider including the amount you are entitled to under the law of the state. A lawyer who handles truck accidents can evaluate your injuries, and document the losses you have suffered in order to determine the value of your case. The attorney will use the results of other similar cases of truck accidents and how juries have awarded victims in similar circumstances to decide on a fair settlement amount.
Your lawyer may also work with the insurance company to ensure that the settlement you receive covers your documented damages. This will include the amount you've paid because you were unable to work to get treatment for your injuries. The lawyer can help you provide evidence of these losses, including former pay stubs. If you are unable return to the exact same type of job because of your injuries, you may be eligible for compensation for the loss of future earning capacity as well.
Insurance companies typically start the conversation by offering an offer that is not as high. This is a typical tactic to test how desperate you are to settle and can affect the value of your case. A lawyer who is knowledgeable can avoid being deceived by staying calm and not allowing pressure to accept any settlement that isn't adequate.
After your lawyer has reached an amount that is fair, they will send the at-fault person an email request for settlement. The party must reply within 30 days, otherwise you'll lose your right to pursue them in court. In certain cases a trucking company will refuse to negotiate, and your attorney will bring a lawsuit against the negligent party.
It is impossible to provide an estimate of the value of a truck accident settlement because every instance is unique. For example the severity of injuries and how long you will be away from work for medical treatment are some of the factors that can vary. But, it's not unusual for settlements in truck accidents to be worth millions of dollars.