Truck Accident Litigation
There are many potential defendants in the litigation involving truck accidents. The defendants could include the driver of the truck and their employer as well as a company that manufactured defective equipment or an individual contractor who improperly loaded cargo.
Many trucks have event data recorders (also called black boxes) that can assist investigators in determining why an accident occurred. Personal injury lawyers who have experience can match the information in log books.
Investigation of the Scene
In the case of a car accident the first thing to do is collect evidence. Truck accidents are not the same. There are a variety of factors to be considered. For instance trucks are frequently transporting dangerous products and even a minor accident can cause fatal or serious injuries.
Due to this, the investigation process is more complicated than the typical car accident. It is also more time-consuming, and it requires the help of experts in various fields. A lawyer who is experienced can assist you in finding the right experts to perform this job.
A thorough truck accident investigation involves interviewing eyewitnesses and going to the scene of the accident. Experts are also needed to reconstruct the incident based on the collected physical evidence. This information is crucial to holding a defendant liable for the incident.
A lawyer should also inquire with the trucking firm and the driver for any information that might be relevant to a specific case. This could include information on the safety policies of the trucking firm maintenance procedures, safety policies, and training procedures. Also, the history of the truck driver is important for any past incidents, reprimands, or results of a drug/alcohol test.
Another thing to look for is the information from the black box of the truck. These devices, similar to those used in planes, may provide many details about the incident. This information should be requested whenever possible 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 records will aid in proving that the injuries sustained during the crash resulted in significant and long-lasting damage. roseville truck accident law firm is crucial to save these documents, along with any medical notes or treatment schedules that are accessible.
Expert Witnesses
While the majority of truck accidents result in an agreement between the insurance company and the injured party, some do not and have to be tried in court. Expert witnesses play a key role. They are experts with the training and knowledge to analyze the facts in your case and give their opinion to the jurors. They can explain complicated mechanical concepts, medical concepts and economic concepts to jurors who have only a basic understanding of them.
Expert witnesses could range from a straightforward car mechanic to a metallurgist that can evaluate the failure of a truck's component or a pathologist who will determine the cause of death. They might also be required to examine and testify about particular aspects of your case such as the force of the collision, vehicle velocity, or the reconstruction of an accident.
Another crucial area where experts are consulted is to help medical experts confirm the severity of your injuries. This is a subject that can be heavily contested by insurance companies as they attempt to claim that you have exaggerated your injuries or that they were pre-existing and that the accident didn't cause any additional harm. In these instances, your attorney may call an independent expert to challenge the testimony of the insurance doctor.
A witness who is an expert in the field can be useful in proving that a trucker was negligent. They will use their knowledge to help the jury understand the truck driver's inability to perform his or her duties and the financial consequences caused by that failure and how that lack of performance affected you.
GPS Tracking
When accidents with trucks occur, it is not unusual for victims to sustain serious injuries. They are entitled to compensation for medical expenses, lost wages, suffering and pain, 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 one of the most useful technologies in accident cases. These devices are a staple of the trucking industry, and typically come with a variety of vital information that can be used to determine the liability. A Qualcomm system provide important information like speed, braking performance engines performance, speed, and service hours. This information can be combined with other evidence, including eyewitness accounts, to reconstruct the scene of an accident.
Other pieces of valuable information in a truck crash case may include records from the trucking company's telematics system and dash cams. Telematics is a collection of data gathered by a vehicle's onboard computer. It's used for training of fleet drivers and for recording incidents. It can contain important information such as speed, hard brakes, phone usage and more. This can be compared against the log books of the truck driver to see whether accurate records were recorded.
Another important piece of information is any fax communications records that were sent regarding the journey prior to the accident. This could include information about the route and destination, any stops along the way, and even the record of any communication between the truck driver and the company. This can be used by an experienced personal injury lawyer to show that the trucker was distracted or following unsafe procedures.
If a truck accident victim can prove that the trucking company or driver or any other defendants failed to meet their duty of care and caused the collision and resulted in the collision, then they should be held accountable for any injuries suffered as a result. In order to win a case the plaintiff must show that the defendant acted in violation of the law or regulation and this breach directly caused harm. It is simpler to prove that a violation was not negligent when it comes to traffic laws, however federal regulations require a more complex analysis.
Negotiating a Settlement
In most cases, truck accident victims can settle their claims without going to court. The process of reaching settlement involves discussing the facts of your case with an insurance firm and determining the amount you are entitled to under the law of the state. A skilled attorney in truck accidents can evaluate your injuries and record the losses you've suffered in the accident to determine your case is worth. The attorney will draw on the results of similar cases of truck accidents and how juries have awarded victims in comparable situations to determine the fair amount to settle.
Your lawyer may also be able to negotiate directly with the insurance company in order to ensure that the settlement you receive is sufficient to cover the damages you have which are documented. This includes any amount you've lost because of your inability to work to receive treatment for your injuries. The lawyer can assist you submit documentation for these losses, such as old pay stubs. If you are unable return to the same kind of job due to your injuries, you may be entitled to compensation for loss of earning potential in the future as well.
Insurance companies often begin the conversation by making an offer that is low. This strategy is used to determine how eager you are to settle your claim and can have a negative impact on the value of your claim. A seasoned attorney can prevent being low-balled by remaining calm and never giving in to pressure to accept an inadequate settlement.
Once your lawyer has agreed to a reasonable settlement amount, they will send a written settlement demand to the responsible party, which must be answered within 30 days or your rights to pursue the responsible party in court will be forfeited. In certain cases the trucking company may refuse to negotiate and your lawyer will file a lawsuit against the negligent party.
It is impossible to give a general estimate for how much a truck accident settlement is worth since each case is unique including the degree of your injuries, as well as the amount of time you'll miss from work to receive medical treatment. It is however not common for settlements for truck accidents to be in the millions.