Truck Accident Litigation
The litigation involving truck accidents involves a wide range of possible defendants. It could include the truck driver and their employer, as well as a company that made defective equipment or a contractor who loaded cargo in a way that was not properly.
Many trucks are equipped with event data recorders (also known as black boxes) which can aid investigators in determining how an accident occurred. Personal injury attorneys with experience will be able to match the data contained in log books.
Investigation of the Scene
When a car wreck occurs the first step in an investigation is to collect evidence from the scene and take photos. Accidents involving trucks are distinct. There are more factors to be considered. For instance trucks often transport dangerous products and even a minor crash could result in severe or fatal injuries.
The investigation process is more complex than the typical car accident. It is also more time consuming, and it requires the assistance of experts in various fields. A qualified lawyer can assist you in finding the right people to complete this work.
A thorough investigation into the cause of a truck crash involves interviewing eyewitnesses and going to the scene of the crash. Experts are also required to reconstruct the incident using the physical evidence. This information is crucial to finding a defendant accountable for the incident.
Additionally, the attorney must request any information from the trucking driver and the company that might be relevant to the case. st louis truck accident law firm could include information regarding the safety guidelines of the trucking company maintenance protocols, policies for maintenance, and training procedures. The history of the driver is crucial. This includes any prior incidents, reprimands or drug/alcohol tests results.
Another piece of evidence to collect is the data from the black box of the truck. These devices are similar to the ones found on airplanes and can provide a great deal of details about the circumstances of the accident. This information should be requested whenever possible by your attorney, because it may disappear in time because of the elements or traffic.
A lawyer should also gather medical records of the victims. These documents will prove that the injuries sustained in the crash caused long-lasting and substantial damage. It is important to keep these documents, together with any doctor's notes and treatment schedules.
Expert Witnesses
Most truck accidents are settled between insurance company, the person who was injured and the trucking company. However, some are not and must be brought to the court. This is where expert witnesses play a key role. They are experts with the education and experience to analyze the facts in your case, and then give their opinion to the jurors. They can explain complicated medical, physical, mechanical and economic concepts that a majority of jurors have little or no understanding of.
Expert witnesses can range from a simple car mechanic to a metallurgist who will evaluate the failure of a part of the truck or a pathologist to determine the cause of death. They may also be needed to look into and testify on particular aspects of your case such as the impact of the crash or the vehicle's speed, or even the reconstruction of the accident.
Another area in which experts are called in is to help medical experts determine the severity of your injuries. This is a subject that can be heavily contested by the insurance company as they will try to claim that you have exaggerated your injuries or that they were pre-existing injuries and that the accident did not cause any further damage. In these situations your lawyer will call an independent medical expert who will challenge the claims of the insurance company's doctor.
A witness who is an expert in the field can be very helpful in proving a trucker was negligent. They will use their expertise to help the jury comprehend how the truck driver was not doing his or her job, the consequences that failure caused, and the resulting financial consequences of that negligence for you.
GPS Tracking
It is not uncommon to see victims of truck accidents sustain serious injuries. They deserve financial support to cover medical expenses loss of wages, suffering and related expenses. Manhattan truck accident lawyers from Cellino Law are prepared to seek justice for their clients and fight for the compensation they deserved.
GPS tracking is among the most effective technologies used in cases of accident. These devices are a common feature of the trucking industry, and typically 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 of braking engine performance, service hours. This information can be used in conjunction with other evidence such as eyewitness testimony to reconstruct the scene of the crash.
Dash cams and telematics records may also be valuable in a truck accident. Telematics is the process of collecting data collected by a vehicle’s onboard computer. This data can be used to instruct fleet drivers and record incidents. This could include vital data like speed, harsh braking, phone usage, and more. This information can be compared with the log books of the truck driver to determine if the correct records were maintained.
A fax report of any communication regarding the trip before the accident is also crucial. This could include the route, destination, any stops made on the way along with any messages exchanged between the trucker and the company. This can be used by a knowledgeable personal injury lawyer to prove that the trucker was distracted or ignoring safety procedures.
If a person injured in a collision with a truck can prove that the trucking company, driver or any other defendants failed to uphold their duty of care and caused the accident and resulting injury, they should be held accountable for any injuries incurred as a result. Plaintiffs must prove that defendants violated a statute or regulation, and that the violation caused harm. It is much easier to prove that a violation of traffic laws was negligent however, Federal regulations require a more intricate analysis.
The process of negotiating a settlement
In many cases victims of truck accidents can settle their case without having to go to trial. To negotiate a settlement, you'll be required to discuss the circumstances of your crash with the insurance company. This is the amount you are entitled under the law of the state. A lawyer for truck accidents can evaluate your injuries and document the damages you suffered in order to determine the worth of your case. The attorney will use the results of other similar truck accident cases and how juries have rewarded victims in similar situations to determine the fair amount to settle.
Your lawyer can also work directly with the insurance company in order to ensure that the settlement you receive adequately covers the damages documented. This includes the money you have lost due to missing work to receive treatment for your injury. Lawyers can assist you to document the losses, including old pay statements. If you are unable to return to the exact same type of job because of 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 discussion by making an offer of low value. This is a common tactic to determine how desperate you are for a settlement and can impact the value of your case. A lawyer who is knowledgeable can avoid being deceived by remaining calm, and never succumbing to pressure to accept any settlement that isn't adequate.
After your lawyer has negotiated an amount that is reasonable and fair, they will send the person responsible for the fault an official demand for a settlement. The person who is responsible must respond within 30 days or you'll lose your right to bring a lawsuit against them in court. In certain cases the trucking company might refuse to negotiate. Your lawyer will bring a lawsuit on behalf of the party who was negligent.
It isn't possible for us to provide a general estimate for how much the settlement from a truck accident is worth, as each situation is different like the severity of your injuries and the length of time you'll be absent working to undergo medical treatments. Settlements for truck accidents can be millions of dollars.