Truck Accident Litigation
There are a myriad of potential defendants in the litigation involving truck accidents. It could include the truck driver and their employer, as well as a company that manufactured defective equipment or a company that loaded cargo in a way that was not properly.
Many trucks have event data recorders, also referred to as black boxes. These can help investigators determine how the crash took place. Personal injury lawyers with years of experience will be able match the data in log books.
Investigation of the Scene
In the event of a car crash, the first thing to do is gather evidence. However, in the case of truck accidents there are numerous other things to think about. For example truck accidents often involve dangerous items and even a minor crash can cause serious or fatal injuries.
Due to this, the investigation process is more complex than that of a standard car accident. It takes more time and requires the help of experts from a variety of areas. Luckily, a lawyer with experience will connect you with the most qualified people for this job.
A thorough investigation into the cause of a truck crash involves interviewing eyewitnesses and going to the scene of the crash. It also requires the assistance of experts who are able to reconstruct what happened on the physical evidence that is collected. This information is crucial in holding a defendant responsible for the incident.
A lawyer should also contact the trucking company and driver for any information they believe to be relevant to a case. This could include information on the safety policies of the trucking company, maintenance protocols, and training procedures. Also, the history of the driver of the truck is crucial, such as any past incidents, reprimands, or test results for alcohol or drugs.
The data from the black box in the truck is an additional element of evidence that should be gathered. These devices, which are similar to those found in planes, can offer lots of details regarding the incident. The information you need should be requested whenever possible by your attorney, because it may disappear in time because of the elements or other traffic.
Finally, an attorney should also gather medical records from the victims of the crash. These records will show that the injuries suffered during the crash caused long-lasting and significant damage. It is crucial to keep these documents, along with any doctor's notes and treatment schedules.
Expert Witnesses
Although the majority of accidents involving trucks result in a settlement between the insurance company and the victim Some do not, and must be tried in the court. This is where expert witnesses play a key role. They are experts with the training and knowledge to assess the evidence in your case, and then offer their opinion to jurors. They can explain complex medical concepts, mechanical theories and economic concepts to jurors with only a basic understanding of them.
The type of expert witness you require, they could be as basic as a mechanic who can identify why your vehicle was damaged in the crash and metallurgists who do a failure analysis on a specific truck part or pathologists who determine the cause of death. They might also be required to look into and testify on specific elements of your case like the force of the collision, vehicle velocity, or the reconstruction of an accident.
Another area in which experts are consulted is for medical experts to verify the severity of your injuries. This is a subject that is frequently contested by the insurance company since they may try to claim that you're exaggerating your injuries or that they were pre-existing and that the accident didn't cause any additional harm. In these situations your lawyer will call in an independent medical expert who will challenge the doctor's testimony for insurance companies.
A witness who is an expert in the field can be helpful in proving a truck driver was negligent. They will make use of their expertise to assist the jury in understanding the reasons why the truck driver did not perform his or her job, what the failure led to, and the resulting financial consequences that resulted from the inattention for you.
GPS Tracking
When accidents with trucks occur, it is not uncommon for victims to suffer serious injuries. They are entitled to financial aid for medical bills loss of wages, suffering and related expenses. Cellino Law, a Manhattan truck accident lawyer firm, is prepared to fight for justice and compensation for their clients.
One of the most beneficial tools in any case of accident is GPS tracking. These devices are employed by the trucking industry, and usually contain a variety of vital information which can assist in determining liability. A Qualcomm system, for example, can provide important data on speed and braking engines performance and hours of service. This can be used in conjunction with other evidence like eyewitness testimony to help reconstruct the scene of the crash.
Dash cams as well as telematics records could be helpful in the event of a truck accident. Telematics is the collection of data gathered by the vehicle's onboard computer, which is used for fleet driver coaching and for recording incidents. The data can include speed, harsh braking and phone usage. This can be compared with the log books of the truck drivers to determine if accurate records were recorded.
A fax report of any communication regarding the trip prior to the accident is equally important. This could include information about the route and destination, as well as any stops along the way, or even a record of any messages between the truck driver and the company. This can be used by a knowledgeable personal injury lawyer to show that the trucker was distracted or ignoring safety procedures.
When a truck accident victim is able to demonstrate that the trucking company, driver or any other defendants failed in their duty of care and caused the collision, they should be held accountable for any injuries sustained as a result. Plaintiffs must show that the defendants violated a law or regulation, and that this violation caused harm. It is much simpler to show that a violation of an traffic law was negligent however, Federal regulations require a more detailed analysis.
The process of negotiating a settlement
In many cases victims of truck accidents is able to settle their case without going to trial. The process of negotiating an agreement involves discussing the facts of your case with an insurance provider including the amount you are legally entitled to under state law. A lawyer who handles truck accidents can evaluate your injuries and document the losses you have suffered that result from them to determine the value of your case. The attorney will then be able to use the results of similar truck accident lawsuits and how juries awarded victims in similar situations to determine the amount of a fair settlement.
Your lawyer can also negotiate with the insurance company to ensure that the settlement you receive will cover your documented losses. This includes any money you've lost because you didn't work to seek treatment for your injury. The lawyer can help provide evidence of these losses, including former pay stubs. If you're not able to return to the same sort of job because of your injuries, you may be entitled to compensation for loss of future earning capacity as well.
Insurance companies typically begin the discussion with a low-ball offer. This method is used to determine the level of urgency you have to settle your case. This could have a negative effect on the value of your claim. A lawyer who is knowledgeable will avoid being slammed by staying calm and not allowing pressure to accept the terms of a settlement that are not adequate.
After your lawyer has reached a reasonable settlement amount, they will send a settlement demand in writing to the party at fault, 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 could refuse to negotiate. new jersey truck wreck lawyer will file a lawsuit on behalf of the negligent party.
It is impossible to give an estimate of the value of a truck accident settlement as each case is different. For example, the severity of the injuries and the amount of time you'll miss work to receive medical treatment are two factors that differ. Settlements for truck accidents can be millions of dollars.