Truck Accident Litigation
There are a lot of potential defendants in the litigation involving truck accidents. These defendants may include the driver of the truck as well as their employer, as in addition to a company which produced defective equipment or a contractor who loaded cargo incorrectly.
Many trucks are equipped with event data recorders (also called black boxes) which can aid investigators in determining what caused the crash took place. Personal injury attorneys with experience will be able to match the data in log books.
Investigation of the Scene
If a car accident happens, the first step in an investigation is usually to gather evidence in physical form and then take photographs. In the case of truck accidents, however, there are many more aspects to be considered. For example trucks are frequently transporting dangerous products and even a minor crash can result in fatal or serious injuries.
Because of this, the investigation process is more complex than the typical car accident. It takes more time and requires the assistance of experts from various fields. A lawyer with experience can help you find the right experts to perform this job.
Interviewing eyewitnesses is an essential part of a thorough accident investigation. Experts are also required to reconstruct the incident from the physical evidence. This information is vital in finding a defendant accountable for the accident.
Additionally, the attorney should seek out any information from the truck driver and the company that might be relevant to the case. This could include information about the safety guidelines of the trucking company or training procedures, as well as maintenance protocols. The past history of the driver is also important. This could include any previous incidents, reprimands, or drug/alcohol tests results.
The data gathered from the black box in the truck is yet another element of evidence that should be gathered. These devices, which are similar to those installed in planes, could provide lots of details regarding the accident. Your attorney must ask for this information as fast as you can, since it could disappear over time due to weather or passing traffic.
A lawyer should also collect medical records of the victims. These records will show that the injuries sustained in the crash have caused long-lasting and substantial damage. It is vital to keep these documents, along with any medical notes and treatment schedules.
Expert Witnesses
While most truck accidents end up in a settlement between the insurance company and the injured party but some do not and need to be tried in court. Expert witnesses play a vital role. They are professionals who have the experience, knowledge and expertise to analyze the facts in your case and then present their findings to the jury. They can explain complicated mechanical, physical, medical and economic concepts that the majority of jurors are not aware of or have no understanding of.
Depending on the kind of expert witness required, 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 do a failure analysis on the specific part of your truck or pathologists who determine the causes of death. They may be required look into and testify on particular elements of your case, for instance the force of the crash and the velocity of the vehicle, or the accident reconstruction.
Medical experts are also called upon to determine the extent and severity of your injuries. Insurance companies will often contest this area, claiming that you exaggerate your injuries, or that these were pre-existing conditions and that the accident did not cause any further damage. In these cases your attorney can call an independent expert to refute the insurance's doctor's testimonies.
Additionally, an expert witness can be crucial to finding out that the trucker at fault in the accident was negligent in some way. They will make use of their expertise to help the jury comprehend the truck driver's omission to complete his or her job and the financial repercussions that resulted from that failure and how the failure affected you.
GPS Tracking
When accidents with trucks occur it is not unusual for victims to sustain serious injuries. They deserve financial assistance to deal with medical bills as well as lost wages, pain and suffering and other associated costs. Manhattan truck accident lawyers from Cellino Law are prepared to seek justice for their clients and fight for the compensation they deserve.
GPS tracking is one of the most effective technologies used in cases of accident. These devices are employed by the trucking industry and typically contain a range of important information that help determine liability. A Qualcomm system provide crucial information like speed of braking engine performance, service hours. This can be combined with other evidence like eyewitness testimony to reconstruct the scene of the crash.
Other crucial pieces of information in a truck crash case may include records from the trucking company's telematics system and dash cameras. Telematics is the collection of data gathered by the vehicle's onboard computer that is used for training of fleet drivers and also to record incidents. This information can include speed, harsh braking and phone usage. This information can be compared with the log books of truck drivers to see if accurate data was recorded.
A fax recording of any communications regarding the trip before the accident is also important. This could include information about the travel route and its destination, any stops along the way, or even a record of any messages between the driver of the truck and the company. This can be used by an experienced personal injury lawyer to prove that the trucker was distracted or ignoring safety procedures.
If a victim of a truck crash can prove that the trucking company or driver or any other defendants, failed uphold their duty of diligence, and caused the collision and resulted in the collision, then they should be accountable for any injuries suffered as a result. To win a case, the plaintiff must show that the defendant acted in violation of any law or regulation, and this breach directly caused harm. It is much easier to show that a violation of an traffic law was negligent, but Federal regulations require a more detailed analysis.
The process of negotiating a settlement
In many cases, truck accident victims can settle their claims without having to go to court. In order to negotiate an agreement, you'll have to discuss the details of your accident with the insurance company. This includes the amount that you are entitled under the law of your state. A lawyer who is involved in a truck accident can evaluate your injuries, and document the damages you suffered in order to determine the worth of your case. kansas city truck accident law firm can then use the results from other similar lawsuits related to truck accidents as well as the verdicts of juries in similar situations to establish an appropriate settlement amount.
Your lawyer can also negotiate with the insurance company to ensure that the settlement you receive covers the documented damages. This includes the money you lost because you missed work to get treatment for your injury. The lawyer can help you with the documentation required for these losses, including former pay receipts. If you're not able to return to the same kind of job due to the injuries you sustained, you could be eligible for compensation for the loss of future earning capacity as well.
Insurance companies typically begin the conversation with an offer that is low. This is a common tactic to test how desperate you are to negotiate a settlement and could affect the value of your case. A lawyer who is knowledgeable can avoid being lowballed by remaining calm and never succumbing to pressure to accept a settlement that is inadequate.
After your lawyer has reached an amount that is reasonable, they will send the person who is at fault a written request for settlement. The party must reply within 30 days or you will lose the right to bring a lawsuit against them in court. In some instances the trucking company might refuse to negotiate. Your lawyer will file an action on behalf of the negligent party.
It is impossible to give a general estimate of what a truck accident settlement is worth as each situation is different including the extent of your injuries and the length of time that you'll be away from work to receive medical treatment. It is however not unusual for settlements from truck accidents to be worth millions of dollars.