Truck Accident Litigation
There are a variety of plaintiffs in litigation over truck accidents. They could include the truck driver and their employer, and a manufacturer that produced defective equipment or a contractor that loaded cargo in a way that was not properly.
Many trucks have event data recorders (also called black boxes) which can aid investigators in determining what caused the crash occurred. An experienced personal injury lawyer will know how to link this information with log books.
Investigation of the Scene
In the case of a car accident the first thing to do is gather physical evidence. However, in the case of truck accidents there are many other things to consider. For example, trucks are often transporting dangerous items and even a minor accident can cause serious or fatal injuries.
Due to this, the investigation process is more complicated than a typical car accident. It is also more time-consuming and requires the help of experts in various areas. Luckily, a reputable lawyer can connect you with the best people for this task.
An extensive 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 can determine the circumstances of the crash based on the physical evidence that is collected. This information is crucial to the case of a defendant being held accountable for the incident.
A lawyer should also contact the trucking company and the driver for any information that might be relevant to the case. This could include information regarding the safety policies of the trucking company training protocols, procedures for training, and maintenance protocols. The past history of the driver is also important. This includes any previous incidents, reprimands or drug/alcohol tests.
Another piece of evidence to be gathered is the data from the black box in the truck. These devices, similar to those installed in planes, may provide many details about the incident. The information you require should be sought whenever possible by your attorney, because it could disappear over time due to the elements or passing traffic.
Additionally, an attorney should also gather medical records from the victims of the crash. These records will aid in proving that the injuries suffered in the crash have caused a significant and lasting injury. It is vital to preserve these documents, as well as any doctor's notes or treatment schedules that are available.
Expert Witnesses
Most truck accidents are settled between insurance company, the person who was injured and the trucking company. However, there are some that don't and have to be taken to the court. denver truck accident lawsuit are essential in these cases. They are professionals with the experience, knowledge and expertise to review information in your case and then provide their opinion to the jury. They can explain complicated mechanical, physical, medical, and economic concepts that most jurors are not aware of or have no knowledge of.
Expert witnesses can range from a straightforward car mechanic to a metallurgist who will evaluate the failure of a truck part or a pathologist who can determine what caused the death. They may be required to look into and testify on particular aspects of your case, for instance the force or crash and the velocity of the vehicle, or the accident reconstruction.
Another area in which experts are called in is for medical experts to confirm the severity of your injuries. Insurance companies frequently contest this claim, claiming that you exaggerate your injuries or that they were pre-existing issues and that the accident did not cause any additional harm. In these cases the lawyer will call an independent medical expert to counter the insurance company's doctor's testimony.
In the end an expert witness can be crucial when it comes to proving that the trucker who was involved in the accident was negligent in a certain way. They can use their expertise to help the jury comprehend the truck driver's failure to complete his or her job and the financial consequences caused by that failure and how the failure affected the person who was affected.
GPS Tracking
It is not uncommon for victims of truck accidents sustain serious injuries. They are entitled to financial aid to deal with medical bills and lost wages, as well as pain and suffering and other related costs. Manhattan truck accident lawyers from Cellino Law are prepared to find justice for their clients and fight for the compensation they deserved.
One of the most efficient technologies in any accident case is GPS tracking. These devices are utilized by the trucking industry and typically contain a range of important information that help determine who is responsible. A Qualcomm system, for instance can provide vital information about speed, braking engine performance, and hours of service. This information can be combined with other evidence, such as eyewitness testimony to help reconstruct the scene of the crash.
Dash cams and telematics reports can also be useful in the event of a truck crash. Telematics is a set of information gathered by an automobile's onboard computer, which is used to coach fleet drivers and for recording incidents. This data could include speed, harsh braking, and phone usage. This information can be compared with the log books of the truck driver to see whether accurate records were maintained.
A fax record of any communications regarding the trip prior to the accident is also important. This can include the route, destination, and any stops made on the way along with any messages sent between the trucker and the company. An experienced personal injury attorney can use this to prove that the trucker was distracted, not following safe procedures, or taking unnecessary risks.
If a victim of a truck accident can show that the trucking company, driver or other defendants failed to adhere to their duty of care and caused the accident they must be held responsible for any injuries suffered as a result. To prevail in a lawsuit, the plaintiff must show that the defendant acted in violation of any law or regulation, and this breach directly caused harm. It is much simpler to prove that a violation of an traffic law was negligent however Federal regulations require a more thorough analysis.
Negotiating a Settlement
In many instances victims of truck accidents can settle their case without going to trial. The process of reaching settlement involves discussing the details of your case with an insurance firm and determining the amount you are entitled to under state law. A lawyer who handles truck accidents can evaluate your injuries and document the damages you suffered in order to determine the value of your case. The attorney can use the results of other similar cases of truck accidents and the way juries have awarded victims in similar situations to determine the fair amount to settle.
Your lawyer can also negotiate with the insurance company to ensure that the settlement you receive covers the damages you have documented. This includes the amount you've paid due to missing work to seek treatment for your injuries. The lawyer can assist you with the documentation required for these losses, which could include former pay stubs. If your injuries stop you from returning to the same job, you could be entitled to compensation.
Insurance companies typically begin the conversation by making a low-ball offer. This technique is used to gauge the level of urgency you have to settle your case. It can have a negative impact on the value of your claim. A seasoned attorney can prevent being low-balled by remaining unflinching and never yielding to pressure to accept a poor settlement.
After your lawyer has negotiated an amount that is reasonable, they will send the at-fault person an email request for settlement. The other party must respond within 30 days or you will lose your right to bring a lawsuit against them in court. In some instances the trucking company may refuse to negotiate. Your lawyer will bring a lawsuit on behalf of the negligent party.
It is impossible to provide a general figure for how much a truck accident settlement is worth since each case has unique factors such as the severity of your injuries as well as the amount of time you will miss from work due to medical treatments. It is however not common for settlements for truck accidents to be in the millions.