Truck Accident Litigation
There are a myriad of potential plaintiffs in litigation over truck accidents. These defendants could include the driver of the truck as well as their employer, as in addition to a company which manufactured defective equipment, or a contractor who loaded cargo incorrectly.
Many trucks have event data recorders, also referred to as black boxes. They can assist investigators in determining how a crash occurred. Personal injury lawyers who have experience will be able to verify the data contained in log books.
troy truck wreck lawyer of the Scene
In the case of a car accident the first thing to do is collect evidence. Truck accidents are different. There are other factors to take into consideration. Trucks are often carrying dangerous products and even a minor accident could cause serious or fatal injuries.
The process of investigation is more complex than a typical car accident. It is also more time consuming and requires the help of experts in various fields. A qualified lawyer can help you locate the right experts to perform this task.
Interviewing eyewitnesses is an essential part of a thorough truck accident investigation. Experts are also required to reconstruct the crash using the physical evidence. This information is crucial to making a defendant accountable for the incident.
Furthermore, an attorney must request any information from the truck company and driver that could be relevant to the case. This could include information regarding the safety policies of the trucking firm maintenance protocols, as well as training procedures. Also, the background of the driver of the truck is important including any previous incidents, reprimands or test results for alcohol or drugs.
Another thing to be gathered is the data from the truck's black box. These devices, which are similar to those found in planes, can offer many details about the incident. Attorneys must get this information as soon as you can, since it could fade over time due to weather conditions or the passing traffic.
Additionally, an attorney should also obtain medical records from the victims of the crash. These records will show that the injuries suffered during the crash caused long-lasting and substantial damage. It is vital to keep these documents, together with any notes from a doctor and treatment schedules.
Expert Witnesses
Although the majority of truck accidents end up in a settlement between the insurance company and the victim, some do not and have to be tried in the court. Expert witnesses play a key role. They are professionals with the knowledge, training, and expertise to evaluate the evidence in your case and then present their findings to the jury. They can explain complicated mechanics, medical concepts and economic concepts to jurors with little or no understanding of them.
Depending on the type of expert witness required they can be as simple as a mechanic who will determine the reason your vehicle was damaged during the accident, to metallurgists who can perform a failure analysis on the specific part of your truck, or pathologists who can determine the reason for death. They might be required to examine and testify on particular elements of your case, such as the force of the crash, the vehicle velocity, or the reconstruction of the accident.
Medical experts are also called upon to determine the severity and extent of your injuries. This is an area which can be a major issue by the insurance company as they try to argue that you are exaggerating your injuries or that they were pre-existing and that the accident did not cause them any additional damage. In these instances the lawyer will call in an independent medical expert to counter the claims of the insurance company's doctor.
Finally an expert witness can be crucial when it comes to showing that the truck driver involved in the accident was negligent in some way. They will utilize their knowledge to help the jury understand the truck driver's inability to perform his or her duties and the financial consequences that resulted from that failure, and how that failure affected you.
GPS Tracking
When truck accidents occur, it is not unusual for victims to sustain serious injuries. They are entitled to financial aid to pay medical expenses loss of wages, pain and suffering and other related expenses. Cellino Law, a Manhattan truck accident lawyer firm is prepared to fight for justice and compensation for their clients.
One of the most effective pieces of technology in the event of an accident is GPS tracking. These devices are utilized by the trucking industry, and usually contain a wide array of data that help determine the responsibility. A Qualcomm system, for instance can provide crucial data on speed and braking, engine performance and hours of service. This information can be combined with other evidence, for instance eyewitness accounts, to reconstruct the scene of an accident.
Other crucial pieces of information in a truck crash investigation could be evidence from the trucking company's telematics program and dash cameras. Telematics is the collection of information gathered by an automobile's onboard computer, which is used to coach fleet drivers as well as to record incidents. This information can include speed, harsh braking and phone usage. This information can be compared to the truck driver's log books to determine whether accurate records were recorded.
Another important piece of information is any fax communication records that were sent out regarding the trip prior the accident. This could include the route, destination, any stops made during the trip as well as any messages exchanged between the trucker and the company. An experienced personal injury lawyer can use this to show that the trucker was distracted, not following safe procedures, or taking risks that were not necessary.
If the victim of a car accident can prove that the trucking company or driver, or any other defendants failed to uphold their duty of diligence and caused the accident and caused the accident, they should be accountable for any injuries incurred due to the collision. Plaintiffs must prove that defendants violated a statute or regulation, and that the violation caused harm. It is easier to prove that a breach of a traffic law was negligent, but Federal regulations require a more complex analysis.
Negotiating a Settlement
In many cases, truck accident victims can settle their claims without having to go to court. To reach an agreement, you'll be required to discuss the circumstances of your crash with the insurance company. This is the amount you are entitled to under the law of your state. A lawyer who handles truck accidents can assess your injuries and document the damages you suffered that result from them to determine the worth of your case. The attorney can then apply the results from other similar lawsuits for truck accidents and the way juries awarded victims in similar situations to establish an appropriate settlement amount.
Your lawyer can also work directly with the insurance company in order to ensure that the settlement you get will adequately cover the damage you've which are documented. This includes any money you've lost due to your inability to work to receive treatment for your injury. Lawyers can assist in submitting evidence for the losses you suffered, including old pay receipts. If you're unable to return to the same kind of job because of your injuries, you may be eligible for compensation for the loss of future earning capacity as well.
Insurance companies typically start the conversation by making a low offer. This is a typical tactic to determine how desperate are to negotiate a settlement and could affect the value of your case. A knowledgeable attorney can avoid being snubbed by a judge by remaining calm and never giving in to pressure to accept an inadequate settlement.
Once your lawyer has agreed to a reasonable settlement amount, they'll send a settlement demand in writing to the responsible party and must be responded to 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. Your attorney will file an action on behalf of the negligent party.
It isn't possible for us to provide a general estimate for how much a settlement for a truck accident is worth as each case is unique and has its own factors, such as the degree of your injuries, as well as the length of time that you'll be away from work due to medical treatments. Truck accident settlements can reach millions of dollars.