Truck Accident Litigation
Truck accident litigation covers an array of potential defendants. They could include the driver of the truck and their employer as also a company that produced defective equipment or an individual contractor who improperly loaded cargo.
Many trucks have event data recorders (also known as black boxes) that can assist investigators in determining how the crash took place. Experienced personal injury attorneys will know how to link the data with log books.
Investigation of the Scene
When a car accident occurs the first step in an investigation is to collect evidence physically and take pictures. When it comes to truck accidents, there are many more things to consider. Trucks are often carrying dangerous goods and even a minor incident can result in fatal or serious injuries.
The investigation process is therefore more complex than the typical car accident. It takes more time and requires the help of experts from various areas. Luckily, a reputable lawyer can connect you to the best people for this task.
A thorough investigation into the cause of a truck crash involves interviewing eyewitnesses and visiting the scene of the crash. Experts are also required to reconstruct the accident by analyzing the physical evidence. This is essential in finding a defendant accountable for the incident.
A lawyer should also inquire with the trucking company and the driver for any information that could be relevant to a particular case. This could include information about the trucking company's safety policies as well as training procedures and maintenance protocols. Additionally, the past of the truck driver is vital for any past incidents, reprimands or alcohol/drug test results.
Another evidence source to collect is the data from the truck's black box. These devices are similar to ones found in airplanes, and are able to provide a lot of information regarding the circumstances of the accident. This information should be requested immediately by your attorney, as it could disappear over time due to the elements or other traffic.
The attorney should also gather medical records from the victims of the crash. These documents will prove that the injuries sustained during the accident have caused lasting and significant damage. It is important to keep these documents along with any doctor's notes and treatment schedules.
Expert Witnesses
While most truck accidents end up in a settlement between the insurance company and the person who was injured but some do not and need to be tried in the court. Expert witnesses play a vital role. They are experts who have the experience, knowledge and expertise to analyze the evidence in your case, and then present their findings to the jury. They can explain complex medical concepts, mechanical concepts, and economic concepts to jurors with little or no knowledge of them.
Depending on wilmington truck accident law firm of expert witness required they can range from as simple as a mechanic who can figure out why your vehicle was damaged during the crash and metallurgists who conduct a failure analysis of the truck part that is in question, or pathologists who can determine the cause of death. They may also be required to examine and testify about specific elements of your case, such as the impact of the crash or the vehicle's speed, or accident reconstruction.
Medical experts are also called upon to verify the severity and extent of your injuries. Insurance companies typically contest this area, claiming that you exaggerate the severity of your injuries or the fact that these were pre-existing injuries and that the accident didn't cause any further harm. In these instances the attorney could call in an independent expert to counter the testimony of the insurance doctor.
Additionally, an expert witness can be crucial when it comes to proving that the trucker who was involved in the accident was negligent in some way. They will make use of their expertise to assist jurors in understanding the truck driver's failure to fulfill his or her responsibilities and the financial consequences that resulted from that failure, and how that failure affected you.
GPS Tracking
It is not uncommon that victims of truck accidents sustain serious injuries. They deserve compensation for medical bills, lost wages and suffering, in addition to other costs. Cellino Law, a Manhattan truck accident lawyer firm is prepared to fight for justice and compensation for their clients.
One of the most beneficial tools in any case of accident is GPS tracking. These devices are used by the trucking industry, and they often contain a wide array of data that can help determine the liability of the driver. A Qualcomm system can provide, for instance, important information, such as speed of braking as well as engine performance and service hours. This information can be paired with other evidence, such as eyewitness testimony, to reconstruct the scene of a crash.
Other valuable pieces of information in a truck accident case may include records from the trucking company's telematics program and dash cams. Telematics involves the collection of data gathered by the vehicle's onboard computer. The data is used to coach fleet drivers and to record incidents. The data can include speed, harsh braking, and phone usage. It can be compared with the truck driver's log books to see whether accurate records were kept.
Another crucial piece of information is any fax communication records that might have been sent regarding the journey prior to the accident. This could include the route, destination, and any stops along the way along with any messages exchanged between the trucker and the company. An experienced personal injury attorney can use this information to prove that the trucker was distracted, followed unsafe procedures, or taking unnecessary risks.
If a truck accident victim can prove that the trucking company or driver, or any other defendants, failed meet their duty of care, and caused the collision, then they should be held accountable for any injuries suffered due to the collision. In order to win a case the plaintiff must prove that the defendant violated an act or regulation and that the breach directly caused harm. It is easier to prove that a breach of a traffic law was negligent however Federal regulations require a more complex analysis.
The process of negotiating a settlement
In many cases truck accident victims is able to settle their case without going to trial. In order to negotiate settlement, you'll need to discuss the specifics of your accident with the insurance company. This includes the amount that you are entitled under the law of your state. A skilled attorney in truck accidents can assess your injuries and document the losses you have suffered in the crash to determine how the value of your case is. Then, the attorney can take the findings of similar truck accident cases and how juries have rewarded victims in similar situations to determine a fair settlement amount.
Your lawyer can also negotiate with the insurance company to ensure that the settlement you receive adequately covers the documented damages. This includes any amount you've lost because of your inability to work to seek treatment for your injuries. Lawyers can assist in submitting the necessary documentation for these losses, including old pay statements. If your injuries stop you from returning to the same job, you may also be eligible for compensation.
Insurance companies usually begin the discussion by making a low offer. This is a standard tactic to test how desperate you are for a settlement and could impact the value of your case. A lawyer with experience can avoid being lowballed by remaining calm, and never allowing pressure to accept an offer that is not satisfactory.
Once your lawyer has negotiated a reasonable settlement amount, they will make a written demand for settlement to the responsible party and must be responded to within 30 days, or your right to sue the responsible party in court will be revoked. In certain cases the trucking company may refuse to negotiate. Your lawyer will initiate an action on behalf of the negligent party.
It is not possible to give an estimate of the value of a truck accident settlement as each situation is unique. For example the severity of injuries and the length of time you will be away from work to receive medical treatment are factors that vary. Settlements from truck accidents can amount to millions of dollars.