Truck Accident Litigation
There are many potential defendants in a lawsuit involving a truck accident. It could include the truck driver and their employer as well as a manufacturer that manufactured defective equipment or a contractor that loaded cargo in a way that was not properly.
Many trucks are equipped with event data recorders, also known as black boxes. These can help investigators determine how the crash happened. Personal injury lawyers with years of experience will be able to match the data in log books.
Investigation of the Scene
In the case of a car accident the first thing to do is gather evidence. In truck accidents, however there are a variety of factors to take into consideration. For instance, trucks are often transporting dangerous items and even a minor crash could result in serious or fatal injuries.
Because of this, the investigation process is more complex than a typical car accident. It is also more time consuming and requires the assistance of experts in different areas. Fortunately, a lawyer who is qualified can connect you to the best people for this task.
An extensive investigation into a truck accident involves interviewing eyewitnesses and visiting the site of the accident. Experts are also required to reconstruct the crash based on the collected physical evidence. This information is crucial in holding a defendant responsible for the accident.
A lawyer should also inquire with the trucking firm and the driver for any information that might be relevant to a specific case. This could include information regarding the safety guidelines of the trucking company training protocols, procedures for training, and maintenance procedures. Also, the background of the driver of the truck is important, such as any past incidents, reprimands or results of a drug/alcohol test.
The information from the black box in the truck is an additional piece of evidence that should be collected. These devices, which are similar to those installed in planes, can offer many details about the accident. Your attorney must request this information as soon as possible, as it may disappear over time because of the elements or traffic.
A lawyer should also collect medical records of the victims. These documents will help prove that the injuries suffered during the crash caused substantial and lasting damage. It is vital to keep these documents together with any doctor's notes and treatment schedules.
Expert Witnesses
Most truck accidents are settled between insurance company, the injured party and the trucking company. However, there are some that are not and must be taken to the court. This is where expert witnesses play a crucial role. They are professionals who have the experience and training to analyze the facts in your case and offer their opinion to jurors. They can explain complex medical, physical, mechanical and economic concepts that many jurors have no or little knowledge of.
Expert witnesses could range from a straightforward car mechanic to a metallurgist able to determine the failure of a truck component or a pathologist that can determine what caused the death. They could be required to examine and testify on specific aspects of your case, such as the force or the crash or the speed of the vehicle or the reconstruction of the accident.
Another important area where expert witnesses are called in is for medical experts to determine the severity of your injuries. This is an area that can be heavily contested by the insurance company, as they attempt to claim that you have exaggerated your injuries or that they were pre-existing and that the accident did not cause any further damage. In these instances your lawyer may bring in an independent expert to counter the testimony of the insurance doctor.
A witness who is an expert in the field can be helpful in proving a trucker was negligent. They will make use of their expertise to help the jury comprehend the truck driver's failure complete his or her job as well as the financial implications of that failure, and how that failure affected you.
GPS Tracking
It is not uncommon for victims of truck accidents sustain serious injuries. They should be compensated for medical bills, lost wages and suffering and pain, and other expenses. Cellino Law, a Manhattan truck accident lawyer firm, is prepared to fight for justice and compensation for their clients.
GPS tracking is one of the most useful technologies in the event of an accident. These devices are a common feature of the trucking industry and frequently come with a variety of important information that could be used to determine the extent of liability. A Qualcomm system, for example, can provide important information about speed and braking engine performance, and hours of service. This can be used in conjunction with other evidence like eyewitness testimony to reconstruct the scene of the crash.
Other valuable pieces of information in a truck accident case may include records from the trucking company's telematics system and dash cameras. massachusetts truck accident law firm refers to the data gathered by a vehicle's onboard computer, which is utilized for coaching fleet drivers and for recording incidents. It can contain important information such as speed, hard brakes, phone usage and more. This information can be compared to the truck driver's log books to determine if the correct data was recorded.
Another crucial piece of information is any fax communications records that were sent about the trip prior to the incident. This could include information on the travel route and its destination, any stops along the way, or even the record of any communication between the truck driver and the company. This information can be used by a skilled personal injury lawyer to show that the trucker was distracted or ignoring safety procedures.
When a truck accident victim can prove that the trucking company, driver or any other defendants did not uphold their duty of care and caused the accident, they should be held accountable for any injuries suffered as a result. To win a case, the plaintiff must prove that the defendant acted in violation of any law or regulation, and that the breach directly caused harm. It is simpler to prove that a violation was negligent when it comes to traffic laws, but federal regulations require a more complex analysis.
Negotiating a Settlement
In many cases the truck accident victim can settle their case without going to trial. To reach an agreement, you'll need to discuss the specifics of your crash with the insurance company. This includes the amount to which you are entitled under the law of your state. An experienced lawyer for truck accidents will evaluate your injuries and document the damage you've suffered in the accident to determine the value of your case is. The attorney can then use the results of similar lawsuits for truck accidents and the way juries awarded victims in similar circumstances to determine a reasonable settlement amount.
Your lawyer can also work directly with the insurance company to ensure that the settlement you receive is adequate to cover the losses acknowledged. This includes money you lost because you missed work to seek treatment for your injury. The lawyer can help with the documentation required for these losses, including former pay statements. If you are unable to return to the same type of job because of your injuries, you may be eligible for compensation for the loss of earning potential in the future as well.
Insurance companies often begin the conversation with a low-ball offer. This is a tactic used to gauge how desperate you are to negotiate a settlement and could affect the value of your case. A lawyer who is knowledgeable is able to avoid being mistreated by remaining calm and not allowing pressure to accept the terms of a settlement that are not adequate.
Once your lawyer has negotiated a reasonable settlement amount, they will send a written demand for settlement to the party responsible for the fault that must be addressed within 30 days, or your right to take action against the responsible party in court will be forfeited. In some instances the trucking company may refuse to negotiate, and your lawyer will bring a lawsuit against the negligent party.
It is difficult to give an estimate of the value of a settlement because each situation is unique. For instance the severity of injuries and how long you'll be off from work to receive medical treatment are some of the factors that differ. But, it's not uncommon for truck accident settlements to exceed millions of dollars.