Truck Accident Litigation
There are a variety of plaintiffs in litigation over truck accidents. These defendants could include the driver of the truck as well as their employer, as also a company that manufactured defective equipment or an individual contractor who loaded cargo incorrectly.
Many trucks are equipped with event data recorders (also called black boxes) that can assist investigators in determining why a crash happened. Personal injury lawyers who have experience will be able to match the data in log books.
Investigation of the Scene
When a car wreck occurs, the first step in an investigation is usually to gather evidence in physical form and then take photographs. Truck accidents are different. There are a variety of aspects to consider. Trucks are typically carrying dangerous items and even a minor collision can result in fatal or serious injuries.
The investigation process is therefore more complex than a typical car accident. It takes more time and requires the help of experts from various areas. Fortunately, a lawyer who is qualified can connect you to the best people for this task.
Interviewing eyewitnesses is a crucial component of a thorough accident investigation. Experts are also needed to reconstruct the incident from the physical evidence. This information is essential to holding a defendant liable for the incident.
In addition, the attorney should request any information from the truck driver and company that may be relevant to the case. This could include information on the trucking company’s safety policies maintenance procedures, safety policies, and training procedures. Additionally, the past of the driver of the truck is crucial like any prior incidents, reprimands, or results of a drug/alcohol test.
new britain truck wreck lawyer from the black box in the truck is yet another piece of evidence that should be collected. These devices are similar to ones that are installed in airplanes, and are able to provide a lot of information regarding the circumstances of the accident. Your lawyer should get this information as soon as you can, since it could fade over time because of the elements or passing traffic.
The attorney should also gather medical records from the victims of the crash. These records will aid in proving that the injuries suffered during the crash caused a significant and lasting injury. It is vital to keep these documents together with any doctor's notes and treatment schedules.
Expert Witnesses
Although the majority of truck accidents end up in a settlement between the insurance company and the injured party, some do not and must be heard in the court. Expert witnesses are vital in these cases. They are professionals with the knowledge, training and expertise to analyze the facts in your case and then provide their opinion to the jury. They can explain complex medical concepts, mechanical concepts and economic concepts to jurors with only a basic understanding of them.
Depending on the kind of expert witness you require, they could be as straightforward as a car mechanic who can figure out why your vehicle was damaged in the crash, to metallurgists who can conduct a failure analysis of the specific part of your truck or pathologists who determine the reason for death. They might also be required to look into and testify on specific elements of your case, like the force of the collision and the speed of the vehicle, or even the reconstruction of the accident.
Another crucial area where expert witnesses are called in is for medical experts to determine the severity of your injuries. Insurance companies often challenge this issue, claiming you exaggerate the severity of your injuries or that they have pre-existing conditions and that the accident didn't cause any additional damage. In these cases, your attorney may call in an independent expert to challenge the evidence of the doctor who is a part of the insurance.
Lastly an expert witness could be crucial to showing that the truck driver involved in the accident was negligent in a certain way. They will use their knowledge to help the jury understand the truck driver's omission to perform their duties, the financial consequences caused by that failure and how that failure affected you.
GPS Tracking
It is not uncommon for victims of accidents involving trucks suffer serious injuries. They need financial assistance to cover medical expenses, lost wages, pain and suffering and other related costs. Cellino Law, a Manhattan truck accident lawyer firm is prepared to fight for justice and compensation for their clients.
One of the most efficient pieces of technology in any accident case is GPS tracking. These devices are utilized by the trucking industry, and typically contain a variety important data that help determine the liability of the driver. A Qualcomm system, for example provides important information about speed and braking engine performance, and hours of service. This information can be combined with other evidence, like eyewitness testimony to reconstruct the scene of the crash.
Dash cams and telematics reports could also prove useful in a truck accident. Telematics is the gathering of data gathered by the vehicle's onboard computer. This information is used to coach fleet drivers and to record incidents. The data can include speed, harsh braking and phone usage. This information can be compared to the log books of the truck driver to determine if the correct records were kept.
A fax record of any communication about the trip before the accident is also crucial. This could include information about the route, destination, any stops during the trip along with any messages sent between the trucker and the company. A seasoned personal injury lawyer can use this to prove that the trucker was distracted, ignoring safety procedures, or taking risks that were not necessary.
If a truck accident victim can prove that the trucking company or driver, or any other defendants, failed to fulfill their duty of care, and caused the collision then they must be accountable for any injuries sustained due to the collision. In order to win a case the plaintiff must show that the defendant acted in violation of a statute or regulation and that the breach directly caused harm. It is much simpler to prove that a violation of a traffic law was negligent, but Federal regulations require a more detailed analysis.
The process of 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 need to discuss the specifics of your crash with the insurance company. This includes the amount that you are entitled under the law of your state. A truck accident lawyer can evaluate your injuries, and document the losses you have suffered in order to determine the worth of your case. The attorney can use the results of other similar cases involving similar truck accidents as well as the way juries have awarded victims in similar circumstances to determine the fair amount to settle.
Your lawyer can also negotiate with the insurance company to make sure that the settlement you receive adequately will cover your documented losses. This includes any money you've lost because you didn't work to receive treatment for your injury. Lawyers can assist you in submitting documentation for these losses, including old pay stubs. If your injuries stop you from returning to the same job, you may also be eligible for compensation.
Insurance companies typically start the conversation by offering an offer that is not as high. This is a tactic used to gauge how desperate you are to settle your case and could impact the value of your case. A lawyer who is well-informed can avoid being deceived by remaining calm, and never succumbing to pressure to accept an offer that is not satisfactory.
After your lawyer has reached a reasonable settlement amount, they'll send a written demand for settlement to the party responsible for the fault, which must be answered within 30 days or your rights to take action against the responsible party in court will be revoked. In certain cases a trucking company will refuse to negotiate and your lawyer will pursue a lawsuit against a negligent party.
It isn't possible for us to provide a general figure for the amount an accident settlement for a truck is worth as each case is unique and has its own factors such as the extent of your injuries and the amount of time you'll be absent from work due to medical treatments. However, it isn't unusual for settlements from truck accidents to be in the millions.