Truck Accident Litigation
There are a lot of potential plaintiffs in litigation over truck accidents. It could include the truck driver and their employer, and a manufacturer that produced defective equipment or a company that loaded cargo in a way that was not properly.
Many trucks are equipped with event data recorders, sometimes referred to as black boxes, which can help investigators determine how the crash happened. Personal injury attorneys 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. Truck accidents are not the same. There are other factors to take into consideration. For example, trucks are often transporting dangerous products and even a minor accident can cause serious or fatal injuries.
The investigation process is more complex than the typical car accident. It takes longer and requires the assistance of experts from a variety of areas. Fortunately, a lawyer who is qualified can help you connect with the most qualified people for this job.
The process of interviewing eyewitnesses is a vital part of a thorough truck accident investigation. Experts are also required to reconstruct the incident based on the collected physical evidence. This information is vital in making a defendant accountable for the occurrence.
Additionally, an attorney should seek out any information from the truck driver and company that may be relevant to the case. This could include information regarding the safety guidelines of the trucking company, training procedures, and maintenance protocols. The past history of the driver is crucial. This includes any past incidents, reprimands or drug/alcohol tests results.
The data gathered from the black box in the truck is another piece of evidence that needs to be collected. palm bay truck accident lawyer are similar to the ones that are installed in airplanes, and can provide a great deal of information regarding how the accident happened. Attorneys must request this information as soon as possible, as it could fade over time due to weather or traffic.
A lawyer should also gather medical records of the victims. These records will aid in proving that the injuries sustained during the crash caused significant and long-lasting damage. It is vital to preserve these documents, as well as any doctor's notes or treatment schedules that are accessible.
Expert Witnesses
While most accidents involving trucks result in an agreement between the insurance company and the victim, some do not and have to be tried in the court. Expert witnesses are essential in these cases. They are experts with the knowledge and training required to assess the evidence in your case and offer their opinion to jurors. They can explain complicated medical, physical, mechanical and economic concepts that most jurors lack knowledge of.
Depending on the kind of expert witness required they can range from as simple as a mechanic who can determine why your vehicle was damaged in the accident, to metallurgists who can conduct a failure analysis of an individual truck component, or pathologists who can determine the cause of death. They could also be required to testify and examine particular aspects of your case, such as the force of the collision, vehicle velocity, or the reconstruction of an accident.
Medical experts are also called upon to determine the severity and extent of your injuries. This is a subject that is frequently contested by the insurance company as they attempt to claim that you are exaggerating your injuries or that they were pre-existing and that the accident didn't cause any additional damage. In these cases your attorney can call in an independent expert to counter the claims of the insurance's doctor.
A witness who is an expert in the field can be extremely useful in proving that a truck driver was negligent. They will make use of their expertise to help the jury comprehend how the truck driver was not doing his or her job, the consequences that failure caused and the financial consequences of that inattention for you.
GPS Tracking
When truck accidents occur, it is not unusual for victims to suffer serious injuries. They deserve financial support to cover medical bills, lost wages, suffering and related expenses. Manhattan truck accident lawyers from Cellino Law are prepared to fight for justice on behalf of their clients and fight for the compensation they deserve.
GPS tracking is among the most useful technologies in the event of an accident. These devices are a staple of the trucking industry and usually contain a range of crucial information that can be used to determine the extent of liability. A Qualcomm system, for instance, can provide important information including speed brake engines performance and service hours. This information can be combined with other evidence such as eyewitness testimony to help reconstruct the scene of the crash.
Dash cams as well as telematics records may also be valuable during a truck collision. 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. It can contain important data like speed, harsh brakes, usage of phones and more. This can be compared with the log books of truck drivers to determine if they had accurate records were maintained.
A fax log of any communications regarding the trip prior to the accident is also crucial. This could include information about the route and destination, as well as any stops on the way, and even an account of any messages between the truck driver and the company. A seasoned personal injury lawyer can use this information to prove that the truck driver was distracted, not following safe procedures, or taking risks that were not necessary.
When a victim of a car accident can prove that the trucking company, truck driver or any other defendants failed to uphold their duty of care and caused the collision they must be held accountable for any injuries sustained as a result. To prevail in a lawsuit, the plaintiff must prove that the defendant acted in violation of a statute or regulation and that the breach directly caused harm. It is easier to prove that a violation was negligent in the context of traffic laws, however federal regulations require a much more complicated analysis.
The process of negotiating a settlement
In many cases, truck accident victims can settle their claims without having to go to court. The process of negotiating settlement involves discussing the details of your case with an insurance firm, including the amount you are entitled to under the law of your state. An experienced attorney for truck accidents can assess your injuries and document the damage you have suffered in the crash to determine how your case is worth. The attorney can then use the results of similar lawsuits for truck accidents and the verdicts of juries in similar situations to determine an acceptable settlement amount.
Your lawyer may also be able to negotiate directly with the insurance company in order to ensure that the settlement you receive will adequately cover the damage you've which are documented. This includes the money you have lost due to missing work to seek treatment for your injury. Lawyers can assist you to provide evidence of these losses, including former pay receipts. If your injuries prevent you from returning to the same job, you may also be eligible for compensation.
Insurance companies usually begin the discussion with a low-ball offer. This method is used to determine how eager you are to settle your case. This could have a negative effect on the value of your claim. A lawyer who is well-informed is able to avoid being mistreated by remaining calm and not allowing pressure to accept a settlement that is inadequate.
After your lawyer has reached an amount that is reasonable and fair, they will send the at-fault person a written request for a settlement. The party must respond within 30 days, or you will lose the right to bring a lawsuit against them in court. In certain cases the trucking company could refuse to negotiate. Your attorney will initiate an action on behalf of the negligent party.
It is difficult to give an estimate of the value of a settlement because each case is different. For instance, the severity of the injuries and the time you will be away from work for medical treatment are some of the factors that differ. Settlements from truck accidents can amount to millions of dollars.