Truck Accident Litigation
Truck accident litigation covers an array of possible defendants. It could include the truck driver and their employer, as well as a company that produced defective equipment or a contractor that loaded cargo improperly.
Many trucks are equipped with event data recorders (also known as black boxes) that can assist investigators in determining why the crash occurred. Personal injury attorneys with experience can match the log book information with the accident.
Investigation of the Scene
In the case of a car accident the first thing you need to do is gather evidence. In the case of truck accidents, however there are many other things to consider. For example trucks are frequently transporting dangerous products and even a minor crash can cause fatal or serious injuries.
The process of investigation is more complex than the typical car accident. It is also longer and requires the assistance of experts in various fields. A lawyer with experience can assist you in finding the right professionals to handle this job.
An exhaustive investigation into a truck accident includes interviewing eyewitnesses, as well as going to the scene of the crash. It also requires the help of experts who are able to reconstruct the events that led to the accident based on the physical evidence gathered. This information is crucial in holding a defendant responsible for the incident.
A lawyer should also inquire with the trucking company as well as the driver for any information that might be relevant to the case. This could include information on the safety guidelines of the trucking company or training procedures, as well as maintenance procedures. Additionally, the past of the driver of the truck is crucial for any past incidents, reprimands, or results of a drug/alcohol test.
Another source of evidence to gather is the data from the black box of the truck. These devices, similar to those installed in planes, could provide a lot of information about the accident. The information you need should be requested as soon as possible by your lawyer, as it could disappear over time because of the elements or other traffic.
A lawyer should also collect medical records of the victims. These documents will help prove that the injuries suffered in the crash have caused significant and long-lasting damage. It is important to keep these documents together with any doctor's notes and treatment schedules.
Expert Witnesses
The majority of truck accidents are settled between insurance company, the injured party and the trucking company. However, there are some that do not and need to be taken to the court. Expert witnesses play an important role. They are professionals who have the training, knowledge and experience to assess the evidence in your case, and provide their opinions to the jury. They can explain complex mechanical, physical, medical and economic concepts that many jurors are not aware of or have no knowledge of.
Expert witnesses could range from a straightforward car mechanic to a metallurgist who will examine the failure of a truck's component or a pathologist that can determine the cause of death. They may also be required to examine and testify about particular aspects of your case such as the impact of the crash as well as the velocity of the vehicle or reconstruction of the accident.
Another important area where expert witnesses are called in is to help medical experts verify the severity of your injuries. Insurance companies often challenge this claim, claiming that you exaggerate your injuries, or that they have pre-existing conditions and that the accident did not cause any further damage. In chico truck wreck lawyer will bring in an independent medical expert to counter the claims of the insurance company's doctor.
A witness who is an expert in the field can be beneficial in proving that the truck driver was negligent. Expert witnesses will utilize their knowledge to assist the jury in understanding how the truck driver did not perform his or her job, what that failure caused and the financial implications of this inattention for you.
GPS Tracking
When truck accidents occur, it is not uncommon for their victims to sustain serious injuries. They deserve compensation for medical bills, lost wages and suffering in addition to 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.
One of the most effective technological tools in any case of accident is GPS tracking. These devices are an integral part of the trucking industry and frequently have a variety of crucial information that can be used to determine the liability. A Qualcomm system can, for instance, provide crucial information like speed as well as braking performance as well as engine performance and service hours. This information can be used in conjunction with other evidence, such as eyewitness testimony to help reconstruct the scene of the crash.
Other important pieces of information in a truck accident incident could include the records of the trucking company's telematics system and dash cameras. Telematics involves the collection of data gathered by the vehicle's onboard computer. This information is used to train fleet drivers and 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 if the correct data was recorded.
A fax record of any communication about the trip before the accident is also vital. This could include information about the route, destination, any stops during the journey, as well as any messages sent between the trucker and the company. A seasoned personal injury lawyer can use this information to prove that the truck driver was distracted, followed unsafe procedures or taking unnecessary risks.
If a victim of a truck crash can prove that the trucking company or driver or any other defendants, failed to perform their duty of care, and caused the collision then they must be held accountable for any injuries incurred as a result. Plaintiffs must show that defendants violated a statute or regulation, and that this violation caused harm. It is much easier to prove that a breach of traffic laws was negligent, but Federal regulations require a more intricate analysis.
Negotiating a Settlement
In many cases, truck accident victims can settle their claims without going to court. The process of reaching an agreement involves discussing the details of your situation with an insurance company and determining the amount you are entitled to under the law of the state. An experienced lawyer for truck accidents will evaluate your injuries and document the damages you have suffered as a result of the crash to determine how much your case is worth. The attorney will take the findings of similar cases involving truck accidents and how juries have awarded victims in similar circumstances to determine the fair amount to settle.
Your lawyer may also work with the insurance company to make sure that the settlement you receive adequately covers the documented damages. This includes the money you have lost due to missing work to get treatment for your injury. The lawyer can assist you with the documentation required for these losses, including former pay statements. If your injuries hinder you from returning to the same job, you may also be eligible for compensation.
Insurance companies often begin the conversation by making an offer that is low. This is a typical tactic to test how desperate you are for a settlement and can impact the value of your case. A knowledgeable attorney can avoid being low-balled by remaining at peace and not giving in to pressure to accept a poor settlement.
After your lawyer has reached a reasonable settlement amount, they will make a written demand for settlement to the party at fault that must be addressed within 30 days or your right to pursue the responsible party in court will be forfeited. In some instances trucking companies will refuse to negotiate and your lawyer will bring a lawsuit against the negligent party.
It is difficult to give an estimate of the value of a truck accident settlement because every situation is unique. For example the severity of injuries and the time you'll miss work to receive medical treatment are two factors which can be different. But, it's not common for settlements for truck accidents to be worth millions of dollars.