Truck Accident Litigation
The litigation involving truck accidents involves an array of potential defendants. They may include the truck driver and their employer, and a manufacturer that made defective equipment or a contractor that loaded cargo in a way that was not properly.
Many trucks have event data recorders (also called black boxes) which can aid investigators in determining how the crash took place. Personal injury lawyers who are experienced know how to link the information with log books.
Investigation of the Scene
When a car accident occurs the first step in an investigation is usually to collect evidence physically and then take photographs. Truck accidents are different. There are many other aspects to consider. Trucks are typically carrying dangerous products and even a minor accident can cause serious or fatal injuries.
This is why the investigation process is more complicated than that of a standard car accident. It takes longer and requires the assistance of experts from a variety of fields. A lawyer with experience can help you locate the right experts to perform this work.
The process of interviewing eyewitnesses is a vital part of a thorough truck accident investigation. Experts are also required to reconstruct the incident from the physical evidence. This is essential in holding a defendant liable for the accident.
In addition, the attorney should seek out any details from the truck driver and company that may be relevant to the case. This could include information on the safety policies of the trucking firm, training procedures, and maintenance protocols. Also, the history of the truck driver is important for any past incidents, reprimands or drug/alcohol test results.
The information contained in the black box in the truck is yet another element of evidence that should be collected. These devices, like those used in planes, may provide lots of details regarding the incident. The information you require should be sought as soon as you can by your lawyer, as it could disappear over time due to the elements or other traffic.
A lawyer should also collect medical records of the victims. These documents will assist in proving that the injuries suffered during the crash caused significant and long-lasting damage. It is essential to keep these documents, as well as any doctor's notes or treatment schedules that are readily available.
Expert Witnesses
Most truck accidents are settled between insurance company, the person who was injured and the trucking company. However, some don't and have to be taken to the court. This is where expert witnesses play a crucial role. They are experts who have the expertise, education, and expertise to evaluate the evidence in your case and present their views to the jury. They can explain complicated mechanical, physical, medical, and economic concepts that the majority of jurors lack understanding of.
Depending on the type of expert witness required they could be as basic as a car mechanic who can figure out why your vehicle was damaged during the crash and metallurgists who perform a failure analysis on a specific truck part or pathologists who determine the reason for death. They may also be needed to examine and testify about specific elements of your case like the force of the crash and the speed of the vehicle, or the reconstruction of an accident.
Another important area where expert witnesses are called in is to help medical experts confirm the severity of your injuries. This is an area that can be heavily contested by insurance companies as they try to argue that you are exaggerating your injuries or that they were pre-existing injuries and that the accident didn't cause any additional harm. In these instances your attorney can call in an independent expert to challenge the testimony of the insurance doctor.
A witness who is an expert in the field can be extremely helpful in proving that a trucker was negligent. They will make use of their expertise to assist jurors in understanding the truck driver's inability to complete his or her job as well as the financial implications which resulted from this failure and how the failure affected you.
GPS Tracking
When accidents involving trucks happen, it is not uncommon for victims to sustain serious injuries. They are entitled to compensation for medical bills, lost wages and suffering in addition to other costs. Cellino Law, a Manhattan truck accident lawyer firm, is ready to fight for justice and compensation for their clients.
One of the most beneficial pieces of technology in any case of accident is GPS tracking. These devices are a standard of the trucking industry, and typically contain a range of crucial information that can be used to determine the extent of liability. A Qualcomm system, for instance can provide vital information including speed as well as braking performance engine performance, and hours of service. This information can be combined with other evidence like eyewitness testimony to help reconstruct the scene of the crash.
Dash cams and telematics data can also be useful in the event of a truck accident. Telematics is the gathering of data that is gathered by a vehicle's onboard computer. This data is used to instruct fleet drivers and record incidents. This could include vital information such as speed, hard braking, phone usage and more. This can be compared to the log books of the truck drivers to see if accurate records were recorded.
A fax recording of any communication regarding the trip prior to the accident is also important. This can include information about the travel route and its destination, any stops along the way, and even the details of any communications between the driver of the truck and the company. This can be used by a seasoned personal injury lawyer to prove that the truck driver was distracted or not following safe procedures.
If a victim of a truck crash can prove that the trucking company or driver, or any other defendants, failed to uphold their duty of diligence and caused the accident and resulted in the collision, then they should be accountable for any injuries incurred as a result. Plaintiffs must show that defendants violated a law or regulation, and that the violation caused harm. It is much easier to prove that a violation was not negligent in the context of traffic laws, but federal regulations require a much more complex analysis.
Negotiating a Settlement
In many cases, a truck accident victim can settle their case without having to go to trial. In order to negotiate an agreement, you'll be required to discuss the circumstances of your crash with the insurance company. This is the amount you are entitled to under the law of the state. alameda truck accident lawyer for truck accidents can evaluate your injuries, and document your losses in order to determine the worth 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 a fair settlement amount.
Your lawyer can also work directly with the insurance company to ensure that the settlement you get will adequately cover the damage you've that are documented. This includes the amount you've paid as a result of missing work to seek treatment for your injuries. The lawyer can assist you in submitting the necessary documentation for these losses, such as old pay receipts. If you are unable return to the same sort of job because of the injuries you sustained, you could be entitled to compensation for loss of future earning capacity as well.
Insurance companies often begin the conversation with an offer that is low. This is a typical tactic to test how desperate you are to negotiate a settlement and can affect the value of your case. An experienced attorney can avoid being judged low-balled by staying calm and never giving in to pressure to accept an inadequate settlement.
Once your lawyer has agreed to a reasonable settlement amount, they'll send a settlement demand in writing to the party at fault, which must be answered within 30 days or your right to take action against the responsible party in court will be revoked. In certain cases, a trucking company will not negotiate and your attorney will start a lawsuit against the negligent party.
It is not possible to give an estimate of the value of a settlement because every instance is unique. For instance, the severity of the injuries and the amount of time you'll be off from work for medical treatment are two factors that differ. Settlements for truck accidents can range from millions of dollars.