Truck Accident Litigation
There are a myriad of potential defendants in truck accident litigation. These defendants could include the driver of the truck and their employer as also a company that produced defective equipment or an individual contractor who loaded cargo incorrectly.
Many trucks have event data recorders, sometimes referred to as black boxes. These will help investigators determine the reason a crash occurred. bethlehem truck wreck lawyer who have 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 collect physical evidence. Truck accidents are not the same. There are other factors to take into consideration. For instance, trucks are often transporting dangerous goods, and even a relatively minor accident can cause serious or fatal injuries.
Because of this, the investigation process is more complex than the typical car accident. It is also longer, and it requires the help of experts in different areas. Luckily, a lawyer with experience can help you connect with the most qualified people for this task.
A thorough investigation into the cause of a truck crash includes interviewing eyewitnesses, as well as going to the site of the accident. Experts are also required to reconstruct the incident by analyzing the physical evidence. This information is crucial to finding a defendant accountable for the incident.
A lawyer should also contact the trucking company as well as the driver for any information they believe to be relevant to a case. This could include information on the safety policies of the trucking firm maintenance procedures, safety policies, and training procedures. Also, the background of the truck driver is vital including any previous incidents, reprimands, or results of a drug/alcohol test.
The information from the black box in the truck is a different element of evidence that should be gathered. These devices are similar to ones that are installed in airplanes, and they are able to provide a lot of information regarding how the accident happened. The information you need should be requested as soon as you can by your attorney, as it could fade away over time because of the elements or other traffic.
A lawyer should also gather medical records of the victims. These documents will prove that the injuries suffered during the crash have caused long-lasting and significant damage. It is vital to keep these documents, along with any doctor's notes and treatment schedules.
Expert Witnesses
While most truck accidents result in a settlement between the insurance company and the injured party Some do not, and have to be tried in court. Expert witnesses play an important role. They are experts with the experience and training to analyze the facts in your case, and then provide their opinions to jurors. They can explain complicated medical concepts, mechanical theories, and economic concepts to jurors with little or no understanding of them.
Expert witnesses can range from a straightforward car mechanic to a metallurgist who will determine the failure of a part of the truck or a pathologist that can determine the cause of death. They may be required to examine and testify on particular aspects of your case, like the force or the crash or the speed of the vehicle or the accident reconstruction.
Medical experts are also called upon to determine the severity and extent of your injuries. This is a subject that can be heavily contested by the insurance company since they attempt to claim that you're exaggerating your injuries or that they were pre-existing and that the accident didn't cause any additional damage. In these instances your attorney can call an independent expert to refute the evidence of the doctor who is a part of the insurance.
Additionally an expert witness can be crucial to proving that the trucker who was involved in the accident was negligent in any way. They will make use of their expertise to help the jury understand how the truck driver was unable to perform his or her job, the consequences this negligence caused, and the resulting financial implications of this inattention for you.
GPS Tracking
When accidents with trucks occur it is not uncommon for victims to suffer serious injuries. They are entitled to compensation for medical expenses, lost wages, pain and suffering, and other expenses. Cellino Law, a Manhattan truck accident lawyer firm, is ready to fight for justice and compensation for their clients.
One of the most efficient tools in any accident scenario is GPS tracking. These devices are used by the trucking industry, and usually contain a wide array of data that help determine the liability. A Qualcomm system provide, for instance, important information, such as speed, braking performance engines performance, speed, and service hours. This information can be paired with other evidence, like eyewitness testimonies, to reconstruct the scene of a crash.
Other important pieces of information in a car accident case could be records from the telematics software used by the trucking company and dash cameras. Telematics is the process of collecting data collected by a vehicle’s onboard computer. This information is used to train fleet drivers and record incidents. The data can include speed, harsh braking and phone usage. It can be compared to the log books of the truck drivers to determine if accurate records were maintained.
Another crucial piece of information is any fax communications records that may have been sent out regarding the trip prior to the incident. It could contain information regarding the route and destination, as well as any stops during the journey, and even a record of any messages between the driver of the truck and the company. This information can be used by a skilled personal injury lawyer to show that the truck driver was distracted or ignoring safety procedures.
If a truck accident victim can prove that the trucking company, driver or any other defendants, failed to fulfill their duty of care, and caused the collision and resulted in the collision, then they should be accountable for any injuries incurred due to the collision. Plaintiffs must prove that defendants violated a law or regulation, and that this violation caused harm. It is simpler to prove that a violation was not negligent in the context of traffic laws, however federal regulations require a much more complex 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. To reach settlement, you'll need to discuss the facts of your accident with the insurance company. This includes the amount that you are entitled under the law of your state. An experienced attorney for truck accidents can assess your injuries and record the losses you've suffered as a result of the accident to determine the value of your case is. The attorney will use the results of other similar cases involving similar truck accidents as well as the amount of compensation that juries have awarded victims in similar circumstances to determine the amount of a fair settlement.
Your lawyer may also work with the insurance company to ensure that the settlement you receive adequately covers your documented damages. This will include any money you've lost as a result of missing work to receive treatment for your injuries. The lawyer can assist you submit documentation for the losses, including old pay stubs. If your injuries hinder you from returning to the same job, you could be eligible for compensation.
Insurance companies usually begin the conversation by making a low-ball offer. This is a tactic used to test how desperate you are to settle and could affect the value of your case. A lawyer who is experienced is able to avoid being mistreated by remaining calm, and never allowing pressure to accept a settlement that is inadequate.
After your lawyer has negotiated an amount that is fair and fair, they'll send the person at fault a written request for settlement. The other party must respond within 30 days, or you will lose your right to take them to court. In some instances a trucking company will refuse to negotiate and your lawyer will bring a lawsuit against the negligent party.
It is impossible to give an estimate of the worth of a truck accident settlement because each situation is unique. For instance the severity of the injuries and the time you'll be off from work to receive medical treatment are factors which can be different. Settlements for truck accidents can range from millions of dollars.