Truck Accident Litigation

There are a myriad of potential defendants in a lawsuit involving a truck accident. It could include the truck driver and their employer, as well as a manufacturer that made defective equipment or a company that loaded cargo improperly.

Many trucks contain event data recorders, also referred to as black boxes. These will help investigators determine the reason a crash occurred. Personal injury lawyers with experience can match the data contained in log books.

Investigation of the Scene

If a car accident happens the first step of an investigation is usually to gather evidence in physical form and take photographs. Truck accidents are not the same. There are a variety of aspects to consider. For instance truck accident case accidents often involve dangerous items, and even a relatively minor crash can cause fatal or serious injuries.

Due to this, the investigation process is more complicated than that of a standard car accident. It takes more time and requires the assistance of experts from a variety of fields. A lawyer with experience can assist you in finding the right people to complete this task.

An exhaustive investigation into a truck accident involves interviewing eyewitnesses and going to the site of the accident. Experts are also needed to reconstruct the accident based on the collected physical evidence. This is essential in finding a defendant accountable for the occurrence.

Additionally, the attorney must request any information from the trucking driver and company that may be relevant to the case. This could include details regarding the safety guidelines of the trucking company as well as training procedures and maintenance protocols. Additionally, the past of the truck accident lawyers driver is important, such as any past incidents, reprimands or test results for alcohol or drugs.

The data from the black box in the truck is another element of evidence that should be gathered. These devices are similar to the ones that are installed on airplanes and can provide a wealth of information regarding the circumstances of the accident. The information you require should be sought immediately by your attorney, as it could be lost because of the elements or the speed of traffic.

A lawyer should also collect medical records of the victims. These records will prove that the injuries suffered during the crash caused significant and long-lasting damage. It is vital to preserve these documents, as well as any medical notes or treatment schedules that are readily available.

Expert Witnesses

The majority of truck accidents are settled between the insurance company, the injured party and the trucking company. However, there are some that do not and need to be taken to the court. Expert witnesses play a vital role. They are professionals who have the knowledge and training required to assess the evidence in your case, and offer their opinion to jurors. They can explain complex medical, physical, mechanical and economic concepts that the majority of jurors have little or no understanding of.

Depending on the kind of expert witness required, they could be as straightforward as a mechanic who can figure out why your vehicle was damaged in the accident or metallurgists who do a failure analysis on the specific part of your truck or pathologists who determine the reason for death. They could be required to look into and testify on specific elements of your case, like the force of the collision or the vehicle's velocity, or the accident reconstruction.

Another crucial area where experts are consulted is to help medical experts determine the severity of your injuries. Insurance companies will often contest this issue, claiming you exaggerate the severity of your injuries or the fact that these were pre-existing injuries and that the accident did not cause any further damage. In these instances your lawyer will call in an independent medical expert to contest the insurance company's doctor's testimony.

Additionally, an expert witness can be crucial to finding out that the trucker at fault in the accident was negligent in any way. They can use their expertise to help the jury understand the truck driver's inability to fulfill his or her responsibilities and the financial consequences that resulted from that failure and how that failure affected you.

GPS Tracking

It is not uncommon for victims of truck accidents suffer serious injuries. They deserve compensation for medical expenses, lost wages, pain and suffering, along with other expenses. Cellino Law, a Manhattan truck accident lawyer firm is prepared to fight for justice and compensation for their clients.

GPS tracking is among the most efficient technologies in the event of an accident. These devices are employed by the trucking industry and usually contain a variety important data that can help determine the liability of the driver. A Qualcomm system, truck accident case for instance can provide vital information including speed and braking engine performance, and service hours. This can be combined with other evidence like eyewitness testimony to help reconstruct the scene of the crash.

Other crucial pieces of information from a truck accident case may include records from the trucking company's telematics system and dash cams. Telematics is the collection of information gathered by a vehicle's onboard computer. The data is used to instruct fleet drivers and to record incidents. This data could include speed, harsh braking and phone usage. This can be compared against the truck driver's log books to determine whether accurate data was recorded.

A fax recording of any communication concerning the trip prior to the accident is equally important. This could include information about the route and destination, as well as any stops on the way, and even an account of any messages between the driver of the truck and the company. This can be used by a seasoned personal injury lawyer to prove that the trucker was distracted or did not follow safe procedures.

If a victim of a truck accident is able to prove that the trucking company, truck driver, or any other defendants failed to uphold their duty of care and caused the collision and the victim should be held responsible for any injuries suffered as a result. Plaintiffs must prove that the defendants violated a law or regulation, and that this violation caused harm. It is much easier to prove that a violation was negligent in the context of traffic laws, but federal regulations require a much more complicated analysis.

The process of negotiating a settlement

In many instances victims of truck accidents can settle their case without going to trial. The process of reaching a settlement involves discussing the facts of your case with an insurance firm, including the amount you are entitled to under state law. An experienced attorney for truck accidents can evaluate your injuries and record the losses you've suffered in the crash to determine how much your case is worth. Then, the attorney can use the results of other similar cases of truck accidents and the amount of compensation that juries have awarded victims in comparable situations to determine the amount of a fair settlement.

Your lawyer can also negotiate with the insurance company to make sure that the settlement you receive covers the damages you have documented. This includes any money that you lost because you missed work to get treatment for your injury. The lawyer can help submit documentation for these losses, such as old pay receipts. If your injuries prevent you from returning to the same job, you could be eligible for compensation.

Insurance companies usually begin the discussion by making an offer that is low. This strategy is used to determine the level of urgency you have to settle your claim and could have a negative impact on the value of your claim. A lawyer with experience can avoid being deceived by remaining calm and not allowing pressure to accept any settlement that isn't adequate.

Once your lawyer has negotiated an acceptable settlement amount, they will send a settlement demand in writing to the at-fault party that must be addressed within 30 days, or your right to pursue the responsible party in court will be forfeited. In some cases trucking companies will refuse to negotiate, and your attorney will pursue a lawsuit against a negligent party.

It is not possible to provide an estimate for how much an accident settlement for a truck is worth because each individual case is unique and has its own factors, such as the severity of your injuries as well as the amount of time that you'll be away from work due to medical treatments. However, it isn't uncommon for truck accident settlements to exceed millions of dollars.