Truck Accident Litigation
Truck accident litigation can involve many potential defendants. These defendants could include the driver of the truck and their employer as in addition to a company which manufactured defective equipment, or an individual contractor who improperly loaded cargo.
Many trucks are equipped with event data recorders (also known as black boxes) which can aid investigators in determining the cause of a crash happened. Personal injury attorneys with experience can match the information in log books.
Investigation of the Scene
In the case of a car accident the first thing to do is gather physical evidence. In the case of truck accidents, however there are a variety of things to think about. For example trucks often transport dangerous goods and even a minor crash can result in fatal or serious injuries.
Due to this, the investigation process is more complex than a typical car accident. It takes longer and requires the assistance of experts from different areas. Fortunately, a lawyer who is qualified can help you connect with the most qualified people for this job.
Interviewing eyewitnesses is a crucial element of a thorough truck accident investigation. It also requires the assistance of experts who can reconstruct what happened on the evidence gathered. This information is vital in holding a defendant responsible for the accident.
A lawyer should also inquire with the trucking company and the driver for any information they believe to be relevant to a specific case. This could include information about the safety policies of the trucking firm maintenance procedures, safety policies, and training procedures. The history of the driver is also crucial. This includes any prior incidents, reprimands or drug/alcohol test results.
The data from the black box of the truck is another element of evidence that should be gathered. These devices, which are like those used in planes, may provide many details about the accident. kentucky truck accident lawyer must ask for this information as fast as possible, as it may disappear over time due to weather or traffic.
The attorney should also collect medical records from the victims of the crash. These records will show that the injuries sustained during the accident have triggered long-lasting and extensive damage. It is essential to keep these documents, along with any doctor's notes or treatment schedules that are readily available.
Expert Witnesses
Most truck accidents are settled between insurance company, the person who was injured and the trucking company. However, there are some that are not and must be taken to the court. Expert witnesses are critical in these cases. They are professionals who have the knowledge, training and expertise to analyze the evidence in your case, and then provide their opinion to the jury. They can explain complex medical, physical, mechanical and economic concepts that most jurors have no or little understanding of.
Based on the type of expert witness needed, they can be as simple as a mechanic who can figure out why your vehicle was damaged in the accident and metallurgists who conduct a failure analysis of a specific truck part or pathologists who determine the cause of death. They could also be required to look into and testify on specific elements of your case like the impact of the crash, vehicle velocity, or reconstruction of the accident.
Another area in which experts are consulted is for medical experts to verify the severity of your injuries. This is an area that is frequently contested by the insurance company as they may try to claim that you have exaggerated your injuries or that they were pre-existing injuries and that the accident didn't cause any additional damage. In these situations the lawyer will call in an independent medical expert to counter the claims of the insurance company's doctor.
A witness who is an expert in the field can be very helpful in proving that a trucker was negligent. They will make use of their expertise to help the jury understand the reasons why the truck driver failed to do his or her job, what this failure has caused and the financial consequences that resulted from the negligence for you.
GPS Tracking
When accidents with trucks occur, it is not uncommon for their victims to sustain serious injuries. They need financial assistance to pay medical expenses, lost wages, suffering and associated costs. Manhattan truck accident lawyers from Cellino Law are prepared to find justice for their clients and fight for the compensation they are due.
One of the most efficient pieces of technology in any accident case is GPS tracking. These devices are a staple of the trucking industry and often come with a variety of important information that could be used to determine the extent of liability. A Qualcomm system can, for instance, provide important information like speed and braking performance as well as engine performance and service hours. This information can be used in conjunction with other evidence like eyewitness testimony to help reconstruct the scene of the crash.
Other crucial pieces of information in a truck crash incident could include the records of the trucking company's telematics program and dash cameras. Telematics is the process of collecting data that is gathered by a vehicle's onboard computer. The data is used to coach fleet drivers and to record incidents. This data could include speed, harsh braking, and phone usage. This information can be compared to the log books of the truck driver to determine if accurate records were recorded.
Another important piece of information is any fax messages that were transmitted regarding the trip prior the accident. This could include information about the route and destination, as well as any stops during the journey, and even a record of any messages between the driver of the truck and the company. This can be used by a seasoned personal injury lawyer to show that the truck driver was distracted or not following safe procedures.
If a truck accident victim can prove that the trucking company, driver or any other defendants failed to meet their duty of care and caused the accident, then they should be accountable for any injuries sustained due to the collision. Plaintiffs must prove that defendants violated a law or regulation, and that the violation caused harm. It is much simpler to show that a violation of traffic laws was negligent however, Federal regulations require a more intricate analysis.
Negotiating a Settlement
In many cases victims of truck accidents is able to settle their case without going to trial. In order 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 the state. An experienced lawyer for truck accidents can assess your injuries and document the damages you've suffered in the crash to determine how the value of your case is. The attorney will take the findings of similar cases of truck accidents and the way juries have awarded victims in similar situations to determine the amount of a fair settlement.
Your lawyer may also work with the insurance company to ensure that the settlement you receive adequately covers the documented damages. This includes the amount you've paid due to missing work to get treatment for your injuries. Lawyers can assist you to with the documentation required for these losses, which could include former pay stubs. If your injuries hinder you from returning to the same job, you may also be entitled to compensation.
Insurance companies will often start the discussion with a low-ball offer. This is a common tactic to gauge how desperate you are to negotiate a settlement and can impact the value of your case. A lawyer with experience can avoid being lowballed by staying calm and never allowing pressure to accept a settlement that is inadequate.
After your lawyer has agreed to an amount that is reasonable, they will send the person responsible for the fault an email request for a settlement. The party must reply within 30 days, otherwise you'll lose your right to take them to court. In certain cases the trucking company might refuse to negotiate. Your attorney will bring an action on behalf of the party who was negligent.
It isn't possible for us to provide a general figure of how much the settlement from a truck accident is worth because each individual situation is different, such as the extent of your injuries and the amount of time you'll miss working to undergo medical treatments. Settlements from truck accidents can amount to millions of dollars.