Truck Accident Litigation
Truck accident litigation involves numerous potential defendants. They may include the truck driver and their employer, as well as a producer that made defective equipment or a contractor that loaded cargo improperly.
Many trucks are equipped with event data recorders, often referred to as black boxes. They can help investigators determine how an accident occurred. Personal injury lawyers who have experience can match the log book information with the accident.
Investigation of the Scene
In the case of a car accident the first thing you need to do is collect physical evidence. In truck accidents, however there are a variety of things to think about. For instance trucks are frequently transporting dangerous items and even a minor crash can cause serious or fatal injuries.
The investigation process is therefore more complex than a typical car accident. It takes more time and requires the assistance of experts from various fields. Fortunately, laredo truck accident attorney qualified lawyer can connect you to the most qualified people to do this job.
An exhaustive investigation into a truck accident involves interviewing eyewitnesses as well as visiting the site of the crash. Experts are also needed to reconstruct the accident by analyzing the physical evidence. This information is vital in making a defendant accountable for the accident.
A lawyer should also contact the trucking company and the driver for any information that may be relevant to a particular case. This could include information on the safety policies of the trucking firm maintenance protocols, as well as training procedures. Also, the background of the driver of the truck is crucial like any prior incidents, reprimands or alcohol/drug test results.
Another piece of evidence to collect is the data from the truck's black box. These devices, similar to those used in planes, can provide an abundance of information regarding the incident. This information should be requested whenever possible by your attorney, because it could fade away over time because of the elements or traffic.
Finally, an attorney must also collect medical records from the victims of the crash. These documents will prove that the injuries suffered during the accident have caused lasting and significant damage. It is crucial to keep these documents, along with any doctor's notes and treatment schedules.
Expert Witnesses
Most truck accidents are settled between the insurance company, the victim and the trucking company. However, there are some that do NOT and must be brought to the court. Expert witnesses are essential in these cases. They are professionals with the training and knowledge to evaluate the information in your case, and provide their opinions to jurors. They can explain complicated medical concepts, mechanical concepts, and economic concepts to jurors who have only a basic understanding of them.
Expert witnesses could vary from a basic car mechanic to a metallurgist that can determine the failure of a part of the truck or a pathologist to determine what caused the death. They may also be needed to look into and testify on specific aspects of your case, like the force of the crash and the speed of the vehicle, or even the reconstruction of the accident.
Another area in which expert witnesses are called in is for medical experts to determine the severity of your injuries. Insurance companies will often contest this issue, claiming you exaggerate your injuries, or that they were pre-existing issues and that the incident didn't cause any further harm. In these cases the attorney could call in an independent expert to refute the testimony of the insurance doctor.
In the end an expert witness could be crucial to proving that the trucker involved in the accident was negligent in some way. They will make use of their expertise to help the jury comprehend how the truck driver did not perform his or her job, the consequences the failure led to and the financial implications of this negligence for you.
GPS Tracking
It is not uncommon for victims of truck accidents suffer severe 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 prepared to fight for justice and compensation for their clients.
One of the most effective technologies in any accident scenario is GPS tracking. These devices are a common feature of the trucking industry and frequently include a range of important information that could be used to determine the extent of liability. A Qualcomm system can provide, for instance, important information, such as speed and braking performance as well as engine performance and service hours. This information can be combined with other evidence, such as eyewitness testimonies, to reconstruct the scene of the crash.
Other important pieces of information in a truck crash case may include records from the trucking company's telematics software and dash cams. Telematics is the gathering of data that is gathered by a vehicle's onboard computer. The data is used to coach fleet drivers and to record incidents. The data can include speed, harsh braking and phone usage. It can be compared with the log books of the truck driver to see whether accurate records were maintained.
Another important piece of evidence is any fax records which may have been sent out regarding the trip prior to the accident. This could include the route, destination, any stops during the trip along with any messages sent between the trucker and the company. This information can be used by a seasoned personal injury lawyer to show that the trucker was distracted or ignoring safety procedures.
If a victim of a truck accident can prove that the trucking company, truck driver or other defendants did not uphold their duty of care and caused the collision, they should be held responsible for any injuries incurred as a result. Plaintiffs must show that defendants violated a law or regulation, and that the violation caused harm. It is simpler to prove that a violation was negligent when it comes to traffic laws, but federal regulations require a more intricate analysis.
Negotiating a Settlement
In many cases, truck accident victims are able to settle their claims without going to court. The process of negotiating settlement is to discuss the details of your case with an insurance company and determining the amount you are entitled to under the law of your state. A skilled attorney in truck accidents can assess your injuries and record the losses you've suffered as a result of the crash to determine how your case is worth. The attorney will then be able to use the results of similar lawsuits for truck accidents and the way juries awarded victims in similar circumstances to determine an acceptable settlement amount.
Your lawyer may also be able to negotiate directly with the insurance company to ensure that the settlement you get is adequate to cover the losses acknowledged. This includes the amount you've paid because of your inability to work to receive treatment for your injuries. The lawyer can help you provide evidence of these losses, including former pay stubs. If you're not able to return to the same type of job due to your injuries, you may be entitled to compensation for the loss of future earning capacity as well.
Insurance companies usually begin the conversation by offering a low offer. This is a common tactic to test how desperate you are to negotiate a settlement and could affect the value of your case. An experienced attorney can avoid being snubbed by a judge by remaining calm and never giving in to the pressure to accept a shoddy settlement.
After your lawyer has agreed to an amount that is reasonable then they will mail the at-fault person a written demand for settlement. The party must respond within 30 days or you'll lose the right to sue them in court. In some cases the trucking company might refuse to negotiate. Your attorney will initiate an action on behalf of the party who was negligent.
It isn't possible to provide a general estimate for the amount an accident settlement for a truck is worth, as each situation is different such as the extent of your injuries and the amount of time you'll miss working to undergo medical treatments. Settlements for truck accidents can range from millions of dollars.