Truck Accident Litigation
The litigation involving truck accidents involves a wide range of potential defendants. It could include the truck driver and their employer as well as a company 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, often referred to as black boxes, which can aid investigators in determining the cause of a crash occurred. Professional personal injury attorneys know how to match this information to log books.
Investigation of the Scene
When a car accident occurs the first step in an investigation is to collect evidence from the scene and then take photographs. In the case of truck accidents, however there are many other things to think about. Trucks are typically carrying dangerous items and even a minor accident can result in fatal or serious injuries.
This is because the investigation process is more complex than a typical car accident. It takes longer and requires the assistance of experts from various areas. Fortunately, a lawyer who is qualified will connect you with the most qualified people to do this job.
An extensive investigation into a truck accident involves interviewing eyewitnesses as well as visiting the scene of the crash. It also requires the assistance of experts who can retrace how the accident happened based on the evidence that is collected. This information is crucial to holding a defendant responsible for the incident.
Furthermore, an attorney should request any information from the trucking driver and the company that could be relevant to the case. This could include information regarding the safety guidelines of the trucking company, maintenance protocols, and training procedures. Additionally, the past of the truck driver is important for any past incidents, reprimands, or alcohol/drug test results.
Another evidence source to look for is the information from the black box of the truck. These devices, similar to those used in planes, could provide many details about the incident. Attorneys must seek this information as quickly as you can, since it could disappear over time due to weather conditions or traffic.
Finally, an attorney should also gather medical records from the victims of the crash. south dakota truck accident lawyer will show that the injuries sustained during the crash caused long-lasting and extensive damage. It is crucial to preserve these documents, as well as any doctor's notes or treatment schedules that are available.
Expert Witnesses
The majority of truck accidents are settled between the insurance company, the injured party and the trucking company. However, some do NOT and must be brought to the court. Expert witnesses play a crucial role. They are experts who have the knowledge, training, and expertise to evaluate the evidence in your case and then provide their opinion to the jury. They can explain complex medical, physical, mechanical and economic concepts that many jurors have little or no knowledge of.
Depending on the kind of expert witness required, they could be as basic as a car mechanic who can figure out why your vehicle was damaged in the crash and metallurgists who perform a failure analysis on an individual truck component or pathologists who determine the causes of death. They may be required to examine and testify on specific elements of your case, such as the force of the crash and the velocity of the vehicle, or the reconstruction of the accident.
Medical experts are also called upon to evaluate the extent and severity of your injuries. This is an area which is often contested by the insurance company, as they attempt to claim that you have exaggerated your injuries or that they were pre-existing injuries and that the accident did not cause any additional harm. In these instances, your attorney will call an independent medical expert to contest the insurance company's doctor's testimony.
A witness who is an expert in the field can be beneficial in proving that the truck driver was negligent. They will use their knowledge to assist jurors in understanding the truck driver's inability to perform their duties, the financial consequences that resulted from that failure and how the failure affected you.
GPS Tracking
When accidents involving trucks happen, it is not unusual for victims to suffer serious injuries. They are entitled to financial aid for medical bills, lost wages, suffering and associated costs. Cellino Law, a Manhattan truck accident lawyer firm is ready to fight for justice and compensation for their clients.
One of the most useful pieces of technology in any case of accident is GPS tracking. These devices are employed by the trucking industry and they often contain a variety important data that can help determine the liability of the driver. A Qualcomm system, for instance, can provide important data on speed, braking engines performance and service hours. This information can be combined with other evidence, for instance eyewitness testimonies, to reconstruct the scene of a crash.
Other pieces of valuable information from a truck accident investigation could be evidence from the trucking company's telematics system and dash cams. Telematics is a set of data gathered by the vehicle's onboard computer that is used for training of fleet drivers and also to record incidents. The information could 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 record of any communication concerning the trip before the accident is also crucial. This information can include the route, destination, and any stops made on the way along with any messages exchanged between the trucker and the company. This can be used by a seasoned personal injury lawyer to show that the trucker was distracted or not following safe procedures.
If a person injured in a collision with a truck can show that the trucking company, driver, or any other defendants failed to uphold their duty of care and caused the accident and the victim should be held accountable for any injuries that may have occurred due to. Plaintiffs must prove that the defendants broke a law or regulation, and that the violation caused harm. It is much easier to prove that a violation of traffic laws was negligent however, Federal regulations require a more detailed analysis.
The process of negotiating a settlement
In many instances, truck accident victims are able to settle their claims without having to go to court. The process of negotiating 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. A skilled attorney in truck accidents will evaluate your injuries and document the losses you have suffered due to the accident to determine the value of your case is. The attorney will then be able to use the results of other similar lawsuits for truck accidents and the verdicts of juries in similar circumstances to determine an appropriate settlement amount.
Your lawyer can also work directly with the insurance company in order to ensure that the settlement you get is sufficient to cover the damages you have documented. This includes any money you've lost due to missing work to receive treatment for your injuries. The lawyer can assist in submitting evidence for these losses including old pay bills. If you are unable to return to the same kind of job because of your injuries, you may be entitled to compensation for the loss of future earning capacity as well.
Insurance companies will often start the discussion with an offer that is low. This strategy is used to determine the level of urgency you have to settle your case and could have a negative impact on the value of your claim. A lawyer who is knowledgeable can avoid being lowballed by remaining calm and never allowing pressure to accept any settlement that isn't adequate.
After your lawyer has agreed to an amount that is reasonable, they will send the person who is at fault a written request for a settlement. The person who is responsible must respond within 30 days, or else you lose your right to pursue them in court. In some instances a trucking company will refuse to negotiate, and your attorney will pursue a lawsuit against a negligent party.
It isn't possible for us to provide an estimate of how much a truck accident settlement is worth because each individual case has unique factors such as the severity of your injuries as well as the length of time that you'll be away from work to receive medical treatment. Settlements for truck accidents can be millions of dollars.