Truck Accident Litigation
Truck accident litigation involves numerous potential defendants. They may include the truck driver and their employer, as well as a manufacturer who produced defective equipment, or a contractor who loaded cargo in a way that was not properly.
Many trucks have event data recorders (also known as black boxes) which can aid investigators in determining the cause of the crash occurred. Personal injury lawyers with experience can match the log book information with the accident.
Investigation of the Scene
In the event of a car crash the first thing you need to do is collect physical evidence. In the case of truck accidents, however there are many other things to think about. For instance trucks often transport dangerous goods, and even a relatively minor crash could result in serious or fatal injuries.
The process of investigation is more complex than the typical car accident. It takes more time and requires the assistance of experts from a variety of fields. A lawyer who is experienced can help you find the right professionals to handle this job.
Eyewitness interviews are a vital component of a thorough accident investigation. Experts are also needed to reconstruct the crash from the physical evidence. This is essential in making a defendant accountable for the incident.
In addition, the attorney should seek out any information from the trucking driver and the company that could be relevant to the case. This could include information regarding the safety policies of the trucking firm maintenance protocols, policies for maintenance, and training procedures. The background of the driver is also crucial. This includes any past incidents, reprimands or alcohol/drug tests results.
The data from the black box of the truck is yet another source of evidence that must be gathered. These devices, similar to those used in planes, can offer many details about the accident. The information you require should be sought as soon as possible by your attorney, as it may disappear in time because of the elements or the speed of traffic.
The attorney should also gather medical records from the victims of the crash. These records will show that the injuries suffered during the accident have triggered long-lasting and substantial damage. It is vital to keep these documents along with any medical notes and treatment schedules.
Expert Witnesses
While most accidents involving trucks result in a settlement between the insurance company and the victim Some do not, and must be tried in court. Expert witnesses play an important role. They are professionals with the education and experience to assess the evidence in your case, and provide their opinion to jurors. They can explain complex medical, physical, mechanical and economic concepts that a majority of jurors have no or little understanding of.
new haven truck accident lawyer can range from a simple car mechanic to a metallurgist that can evaluate the failure of a truck's component or a pathologist to determine the cause of death. They might also be required to look into and testify on specific elements of your case, such as the force of the crash as well as the velocity of the vehicle or reconstruction of the accident.
Medical experts are also called upon to evaluate the extent and severity of your injuries. This is an area that can be heavily contested by the insurance company as they may try to claim that you are exaggerating your injuries or that they were pre-existing injuries and that the accident did not cause any further damage. In these cases your lawyer may bring an independent expert to challenge the testimony of the insurance doctor.
Additionally an expert witness can be essential when it comes to showing that the truck driver involved in the accident was negligent in a certain way. They will use their knowledge to help the jury comprehend the truck driver's omission to perform his or her duties as well as the financial implications caused by that failure and how the failure affected you.
GPS Tracking
When accidents involving trucks happen, it is not uncommon for their victims to sustain serious injuries. They deserve financial assistance to cover medical expenses as well as lost wages, pain and suffering and other related costs. Cellino Law, a Manhattan truck accident lawyer firm, is prepared to fight for justice and compensation for their clients.
GPS tracking is one of the most useful technologies in cases of accident. These devices are a common feature of the trucking industry and often come with a variety of crucial information that can be used to determine the liability. A Qualcomm system provide important information such as speed and braking performance as well as engine performance and service hours. This information can be combined with other evidence, such as eyewitness accounts, to reconstruct the scene of the crash.
Other important pieces of information in a truck crash investigation could be evidence from the trucking company's telematics program and dash cameras. Telematics is the collection of information gathered by a vehicle's onboard computer. It is used to coach fleet drivers as well as to record incidents. The information could include speed, harsh braking, and phone usage. This can be compared against the log books of the truck driver to see whether accurate records were maintained.
A fax recording of any communication about the trip prior to the accident is also crucial. This could include information about the route, destination, and any stops on the way as well as any messages sent between the trucker and the company. An experienced personal injury attorney can use this information to prove that the trucker was distracted, not following safe procedures or taking unnecessary risks.
When a truck accident victim can prove that the trucking company, truck driver or other defendants failed in their duty of care and caused the accident, they should be held accountable for any injuries incurred as a result. To prevail in a lawsuit, the plaintiff must show that the defendant acted in violation of a statute or regulation and this breach directly caused harm. It is easy to prove that a violation was negligent when it comes to traffic laws, but federal regulations require a more intricate analysis.
The process of negotiating a settlement
In many instances, a truck accident victim can settle their claim without having to go to trial. The process of reaching a settlement involves discussing the facts of your case with an insurance firm, including the amount you are entitled to under the law of your state. An experienced lawyer for truck accidents will evaluate your injuries and record the losses you have suffered due to the crash to determine how your case is worth. The attorney will take the findings of similar cases involving truck accidents and how juries have awarded victims in similar situations to decide on a fair settlement amount.
Your lawyer may also be able to negotiate directly with the insurance company to ensure that the settlement you receive is adequate to cover the losses that are documented. This includes money you have lost due to missing work to get treatment for your injury. Lawyers can assist you to document these losses, such as old pay stubs. If you are unable to return to the exact same type of job due to your injuries, you may be eligible for compensation for the loss of earning potential in the future as well.
Insurance companies typically begin the discussion with a low-ball offer. This is a standard tactic to gauge how desperate you are to settle your case and can impact the value of your case. A lawyer who is well-informed can avoid being lowballed by remaining calm and never succumbing to pressure to accept any settlement that isn't adequate.
After your lawyer has reached a reasonable settlement amount, they will make a written demand for settlement to the responsible party and they must respond within 30 days, or your right to pursue the responsible party in court will be forfeited. In some instances, the trucking company may refuse to negotiate. Your attorney will start a lawsuit on behalf of the party who was negligent.
It is impossible to provide an estimate of the worth of a truck accident settlement because each instance is unique. For instance the severity of the injuries and how long you'll miss work to receive medical treatment are some of the factors that differ. However, it isn't common for settlements for truck accidents to exceed millions of dollars.