Truck Accident Litigation
Truck accident litigation covers an array of possible defendants. These defendants could include the driver of the truck as well as their employer, as and a business that produced defective equipment or an individual contractor who improperly loaded cargo.
Many trucks have event data recorders, also known as black boxes. These can help investigators determine how the crash took place. Personal injury lawyers who are experienced be able to match the data with log books.
Investigation of the Scene
In the event of a car crash the first step in an investigation is to collect evidence from the scene and take photos. Accidents involving trucks are distinct. There are more factors to consider. For example trucks are frequently transporting dangerous goods, and even a relatively minor crash could result in severe or fatal injuries.
This is because the investigation process is more complex than that of a normal car accident. It takes longer and requires the assistance of experts from a variety of fields. Fortunately, a qualified lawyer will connect you with the most qualified people for this task.
An extensive investigation into a truck accident involves interviewing eyewitnesses and visiting the scene of the accident. It also requires the assistance of experts who can reconstruct how the accident happened based on the evidence gathered. This information is vital in making a defendant accountable for the occurrence.
A lawyer should also contact the trucking company and the driver for any information that could be relevant to a particular case. This could include information on the safety guidelines of the trucking company, training procedures, and maintenance protocols. The background of the driver is also important. This could include any previous incidents, reprimands, or drug/alcohol tests results.
The data from the black box in the truck is a different piece of evidence that should be collected. These devices are similar to the ones found in airplanes, and can provide a great deal of information on the circumstances of the accident. Your lawyer should get this information as soon as you can, since it could be lost because of the elements or the passing traffic.
Finally, an attorney should also collect medical records from the victims of the crash. These documents will help prove that the injuries sustained in the crash have resulted in 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 the insurance company, the victim and the trucking company. However, some don't and have to be brought to the court. Expert witnesses play a key role. rochester truck accident lawyer are professionals with the education and experience to analyze the facts in your case, and then provide their opinion to jurors. They can explain complex medical concepts, mechanical theories and economic concepts to jurors with little or no knowledge of them.
The type of expert witness you require, they can range from as simple as a mechanic who will determine the reason your vehicle was damaged during the accident and metallurgists who do a failure analysis on a specific truck part or pathologists who determine the causes of death. They may be required to examine and testify to particular aspects of the case, such as the force or the crash or the vehicle's velocity, or the accident reconstruction.
Another important area where experts are called in is for medical experts to determine the severity of your injuries. This is an area which can be a major issue by the insurance company as they will try to claim that you are exaggerating your injuries or that they were pre-existing injuries and that the accident didn't cause any additional damage. In these instances, your attorney may call an independent expert to challenge the claims of the insurance's doctor.
Finally an expert witness could be crucial when it comes to finding out that the trucker at fault in the accident was negligent in some way. They can use their expertise to assist jurors in understanding the truck driver's failure to perform his or her duties, the financial consequences of that failure and how that failure affected you.
GPS Tracking
It is not uncommon that victims of truck accidents suffer severe injuries. They deserve compensation for medical expenses, lost wages, 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.
GPS tracking is among the most useful technologies for accident cases. These devices are employed by the trucking industry, and usually contain a wide array of data that can help determine responsibility. A Qualcomm system, for instance can provide crucial information about speed as well as braking performance engines performance and service hours. This can be used in conjunction with other evidence, such as eyewitness testimony to help reconstruct the scene of the crash.
Other pieces of valuable information in a truck accident case may include records from the trucking company's telematics system and dash cameras. Telematics is the process of collecting information gathered by a vehicle's onboard computer. This information can be used to instruct fleet drivers and record incidents. It can contain important information such as speed, hard braking, phone usage and more. This can be compared with the log books of the truck drivers to determine if accurate records were recorded.
Another important piece of information is any fax communications records that were transmitted regarding the trip prior to the accident. This can include information about the route and destination, any stops along the way, and even an account of any messages between the truck driver and the company. This can be used by a skilled personal injury lawyer to prove that the trucker was distracted or did not follow safe procedures.
If the victim of a car accident can prove that the trucking company or driver or any other defendants, did not uphold their duty of diligence, and caused the collision, then they should be accountable for any injuries suffered as a result. To prevail in a lawsuit, the plaintiff must show that the defendant acted in violation of the law or regulation and that the breach directly caused harm. It is much easier to prove that a violation of a traffic law was negligent, but Federal regulations require a more complex analysis.
The process of negotiating a settlement
In many cases, a truck accident victim is able to settle their case without going to trial. In order to negotiate settlement, you'll need to discuss the specifics of your crash with the insurance company. This includes the amount to which you are entitled under the law of your state. An experienced attorney for truck accidents will evaluate your injuries and document the damages you've suffered as a result of the crash to determine how the value of your case is. The attorney will draw on the results of similar cases involving similar truck accidents as well as the amount of compensation that juries have awarded victims in comparable situations to determine the fair amount to settle.
Your lawyer may also work with the insurance company to ensure that the settlement you receive adequately covers your documented damages. This includes any money you've lost because of your inability to work to receive treatment for your injuries. The lawyer can assist you submit documentation for the losses, including old pay stubs. If your injuries hinder you from returning to your previous job, you may also be eligible for compensation.
Insurance companies will often start the conversation with a low-ball offer. This is a tactic used to gauge how desperate you are to settle and can impact the value of your case. A lawyer who is well-informed is able to avoid being mistreated by remaining calm, and never succumbing to pressure to accept an offer that is not satisfactory.
After your lawyer has reached an amount that is fair and fair, they'll send the person responsible for the fault an email request for settlement. The person who is responsible must respond within 30 days, otherwise you'll lose the right to take them to court. In certain cases a trucking company will refuse to negotiate and your attorney will pursue a lawsuit against a negligent party.
It is not possible to provide a general figure for how much a settlement for a truck accident is worth since each case has unique factors such as the severity of your injuries and the length of time you'll be absent working to undergo medical treatments. However, it isn't common for settlements for truck accidents to be in the millions.