Truck Accident Litigation
There are many potential defendants in a lawsuit involving a truck accident. These defendants may include the driver of the truck and their employer as also a company that produced defective equipment or an individual contractor who improperly loaded cargo.
Many trucks are equipped with event data recorders (also called black boxes) that can assist investigators in determining what caused the crash took place. Personal injury lawyers with experience will be able match the information in log books.
Investigation of the Scene
In the case of a car accident the first thing to do is collect physical evidence. The causes of truck accidents differ. There are a variety of factors to take into consideration. Trucks often transport dangerous goods and even a minor accident can cause serious or fatal injuries.
This is because the investigation process is more complicated than that of a standard car accident. It is also more time-consuming and requires the help of experts in various areas. Luckily, a lawyer with experience can help you connect with the best people to do this job.
The process of interviewing eyewitnesses is a vital part of a thorough truck accident investigation. Experts are also needed to reconstruct the incident from the physical evidence. This information is crucial to holding a defendant responsible for the incident.
A lawyer should also inquire with the trucking company and the driver for any information they believe to be relevant to a case. This could include information about the safety policies of the trucking company, training procedures, and maintenance procedures. The history of the driver is also crucial. This includes any previous incidents, reprimands or drug/alcohol tests results.
Another piece of evidence to gather is the data from the black box in the truck. These devices, which are like those used in planes, may provide many details about the accident. Your lawyer should ask for this information as fast as you can, since it could be lost due to weather conditions or traffic.
Finally, an attorney must also collect medical records from the victims of the crash. These records will show that the injuries suffered during the crash have caused long-lasting and substantial damage. It is vital to keep these documents, along with any doctor's notes and treatment schedules.
Expert Witnesses
Most truck accidents are settled between the insurance company, the person who was injured and the trucking company. However, there are some that do not and need to be taken to the court. fresno truck accident attorney is where expert witnesses play a key role. They are experts who have the experience, knowledge and experience to assess the evidence in your case, and then provide their opinion to the jury. They can explain complex medical, physical, mechanical and economic concepts that many jurors lack understanding of.
Depending on the type of expert witness you require, they could be as basic as a mechanic who will determine the reason your vehicle was damaged in the crash or metallurgists who do a failure analysis on a specific truck part, or pathologists who can determine the causes of death. They could also be required to review and testify about specific aspects of your case, like the impact of the crash, vehicle velocity, or even the reconstruction of the accident.
Medical experts are also required to evaluate the extent and severity of your injuries. This is a subject that is frequently contested by the insurance company since they will try to claim that you have exaggerated your injuries or that they were pre-existing and that the accident did not cause any additional damage. In these instances your lawyer will bring an independent medical expert who will challenge the doctor's testimony for insurance companies.
A witness who is an expert in the field can be helpful in proving a trucker was negligent. They can use their expertise to assist the jury in understanding the reasons why the truck driver was unable to perform his or her job, what that failure caused and the financial consequences of that negligence for you.
GPS Tracking
It is not uncommon for victims of truck accidents sustain serious injuries. They deserve financial support to cover medical bills as well as lost wages, pain and suffering and other associated costs. Manhattan truck accident lawyers from Cellino Law are prepared to seek justice for their clients and fight to get the compensation they deserve.
GPS tracking is among the most effective methods used in accident cases. These devices are used by the trucking industry, and typically contain a variety of vital information that help determine responsibility. A Qualcomm system can, for instance, provide crucial information like speed as well as braking performance engine performance, service hours. This information can be paired with other evidence, including eyewitness testimony to reconstruct the scene of an accident.
Other valuable pieces of information from a truck accident case may include records from the trucking company's telematics software and dash cameras. Telematics is the collection of data gathered by the vehicle's onboard computer. This information is used to instruct fleet drivers and to record incidents. This information can include speed, harsh braking and phone usage. This can be compared against the truck driver's log books to determine whether accurate records were maintained.
A fax report of any communications regarding the trip before the accident is also crucial. This can include information about the route and destination, any stops on the way, and even the record of any communication between the driver of the truck and the company. A seasoned personal injury lawyer could use this evidence to prove that the truck driver was distracted, following unsafe procedures, or taking risks that were not necessary.
When a victim of a car accident is able to prove that the trucking company, truck driver, or any other defendants failed to adhere to their duty of care and caused the accident, they should be held responsible for any injuries sustained due to. Plaintiffs must prove that defendants violated a law or regulation, and that this violation caused harm. It is much easier to prove that a violation was negligent when it comes to traffic laws, however federal regulations require a much more intricate analysis.
Negotiating a Settlement
In many cases truck accident victims can settle their claim without going to trial. In order to reach a settlement, you'll need to discuss the facts of your accident with the insurance company. This is the amount you are entitled to under the law of your state. An experienced lawyer for truck accidents will evaluate your injuries and document the damage you have suffered due to the accident to determine much your case is worth. The attorney can then use the results from other similar truck accident lawsuits and the verdicts of juries in similar situations to calculate an acceptable settlement amount.
Your lawyer may also be able to negotiate directly with the insurance company to ensure that the settlement you receive will adequately cover the damage you've acknowledged. This includes the money you've lost because you didn't work to seek treatment for your injury. Lawyers can assist with submitting documentation to prove the losses you suffered, including old pay statements. If your injuries hinder you from returning to the same job, you may also be eligible for compensation.
Insurance companies typically begin the conversation with a low-ball offer. This is a typical tactic to determine how desperate are for a settlement and can affect the value of your case. A seasoned attorney can prevent being snubbed by a judge by remaining calm and never giving in to pressure to accept a poor settlement.
After your lawyer has reached an amount that is reasonable then they will mail the person at fault a written demand for a settlement. The party must respond within 30 days or you'll lose your right to pursue them in court. In certain cases the trucking company could refuse to negotiate. Your lawyer will start a lawsuit on behalf of the negligent party.
It is impossible to provide an estimate for how much a truck accident settlement is worth because each individual case is unique such as the degree of your injuries, as well as the length of time you'll be absent from work due to medical treatments. Settlements for truck accidents can be millions of dollars.