Truck Accident Litigation
The litigation involving truck accidents involves many possible defendants. These defendants could include the driver of the truck and their employer, as also a company that manufactured defective equipment or a contractor who improperly loaded cargo.
Many trucks have event data recorders (also called black boxes) which can aid investigators in determining how an accident occurred. Personal injury lawyers with experience will be able to verify the data contained in log books.
Investigation of the Scene
When a car wreck occurs the first step of an investigation is usually to collect evidence from the scene and then take photographs. When alexandria truck accident lawyer comes to truck accidents there are many other things to think about. For example truck accidents often involve dangerous items and even a minor crash can cause severe or fatal injuries.
Due to this, the investigation process is more complex than that of a normal car accident. It is also longer and requires the assistance of experts in a variety of areas. A qualified lawyer can assist you in finding the right professionals to handle this task.
A thorough truck accident investigation involves interviewing eyewitnesses as well as visiting the site of the accident. Experts are also required to reconstruct the accident from the physical evidence. This information is crucial to holding a defendant liable for the incident.
A lawyer should also contact the trucking firm and the driver for any information that might be relevant to a specific case. This could include information on the safety guidelines of the trucking company as well as training procedures and maintenance procedures. The history of the driver is important. This includes any prior incidents, reprimands, or drug/alcohol tests.
The data from the black box of the truck is a different piece of evidence that should be collected. These devices are similar to ones found in airplanes, and they are able to provide a lot of details about the circumstances of the accident. The information you need should be requested as soon as you can by your attorney, since it could be lost because of the elements or the speed of traffic.
A lawyer should also collect medical records of the victims. These documents will assist in proving that the injuries sustained in the crash have resulted in significant and long-lasting damage. It is important to keep these documents, together with any notes from a doctor and treatment schedules.
Expert Witnesses
While the majority of truck accidents result in a settlement between the insurance company and the person who was injured Some do not, and must be tried in the court. Expert witnesses are essential in these cases. They are experts who have the knowledge, training and expertise to review the evidence in your case, and then present their findings to the jury. They can explain complex medical, physical, mechanical and economic concepts that most jurors are not aware of or have no understanding of.
Based on the type of expert witness required, they can be as simple as a car mechanic who will determine the reason your vehicle was damaged during the accident and metallurgists who conduct a failure assessment on the specific part of your truck, or pathologists who can determine the causes of death. They may also be required to examine and testify about specific aspects of your case, such as the force of the collision or the vehicle's speed, or accident reconstruction.
Medical experts are also called upon to evaluate the severity and extent of your injuries. This is an area that is frequently contested by insurance companies as they may try to claim that you are exaggerating your injuries or that they were pre-existing and that the accident didn't cause any additional harm. In these cases your lawyer will bring an independent medical expert to contest the claims of the insurance company's doctor.
A witness who is an expert in the field can be extremely helpful in proving a trucker was negligent. They will utilize their knowledge to assist jurors in understanding the truck driver's failure perform their duties and the financial repercussions of that failure and how that failure affected you.
GPS Tracking
It is not unusual for victims of accidents involving trucks suffer serious injuries. They are entitled to compensation for medical bills, lost wages and suffering in addition to other costs. Manhattan truck accident lawyers from Cellino Law are prepared to fight for justice on behalf of their clients and fight for the compensation they deserve.
One of the most efficient tools in any accident case is GPS tracking. These devices are a common feature of the trucking industry and often come with a variety of vital information that can be used to determine the extent of liability. A Qualcomm system, for instance, provide important information such as speed and braking performance as well as engine performance and service hours. This information can be combined with other evidence, like eyewitness testimony to reconstruct the scene of the crash.
Dash cams and telematics data could be helpful in the event of a truck crash. Telematics is the collection of data gathered by a vehicle's onboard computer, which is used for training of fleet drivers as well as to record incidents. The data can include speed, harsh braking, and phone usage. This information can be compared with the log books of the truck drivers to determine if accurate records were kept.
A fax recording of any communications regarding the trip prior to the accident is equally important. This can include information about the travel route and its destination, any stops during the journey, and even the details of any communications between the driver of the truck and the company. An experienced personal injury attorney can use this to prove that the truck driver was distracted, ignoring safety procedures, or taking unnecessary risks.
If a truck accident victim can prove that the trucking company, driver or any other defendants, failed fulfill their duty of care and caused the collision and resulted in the collision, then they should be held accountable for any injuries that occur as a result. Plaintiffs must show that the defendants broke a law or regulation, and that this violation caused harm. It is much simpler to show that a violation of a traffic law was negligent however Federal regulations require a more thorough analysis.
Negotiating a Settlement
In many instances victims of truck accidents is able to settle their case without going to trial. To reach a settlement, you will be required to discuss the circumstances of your accident with the insurance company. This includes the amount to which you are entitled to under state law. A skilled attorney in truck accidents can assess your injuries and document the losses you've suffered due to the crash to determine how the value of your case is. The attorney will then be able to use the results from other similar truck accident lawsuits and the verdicts of juries in similar situations to establish an acceptable settlement amount.
Your lawyer may also work with the insurance company to ensure that the settlement you receive adequately covers the damages you have documented. This includes any amount you've lost as a result of missing work to receive treatment for your injuries. The lawyer can help you submit documentation for these losses, such as old pay stubs. If you are unable to return to the exact same type of job due to the injuries you sustained, you could be eligible for compensation for the loss of earning potential in the future as well.
Insurance companies typically start the conversation by offering an offer that is not as high. This is a tactic used to determine how desperate are for a settlement and can affect the value of your case. A lawyer who is well-informed can avoid being lowballed by staying calm and not allowing pressure to accept a settlement that is inadequate.
Once your lawyer has reached a reasonable settlement amount, they'll make a written demand for settlement to the at-fault party, which must be answered within 30 days, or your right to pursue the responsible party in court will be revoked. In some cases a trucking company will refuse to negotiate and your attorney will bring a lawsuit against the negligent party.
It is difficult to give an estimate of the value of a truck accident settlement since each instance is unique. For example the severity of injuries and the time you will be away from work to receive medical treatment are two factors that vary. Settlements for truck accidents can be millions of dollars.