Truck Accident Litigation
Truck accident litigation can involve an array of possible defendants. These defendants may include the driver of the truck as well as their employer as well as a company that manufactured defective equipment or an individual contractor who improperly loaded cargo.
Many trucks are equipped with event data recorders, also known as black boxes. They will help investigators determine the reason a crash occurred. Personal injury lawyers who are experienced be able to match this information with log books.
Investigation of the Scene
In the case of a car accident the first thing to do is gather evidence. Accidents involving trucks are distinct. There are hesperia truck accident lawsuit to consider. Trucks are frequently carrying dangerous items and even a minor collision can result in fatal or serious injuries.
The investigation process is more complicated than a typical car accident. It takes more time and requires the assistance of experts from various fields. Luckily, a lawyer with experience can connect you to the most qualified people to do this job.
An exhaustive investigation into a truck accident involves interviewing eyewitnesses and visiting the scene of the crash. Experts are also required to reconstruct the crash by analyzing the physical evidence. This is essential in making a defendant accountable for the accident.
In addition, the attorney should request any information from the trucking driver and company that may be relevant to the case. This could include information regarding the trucking company’s safety policies maintenance protocols, as well as training procedures. The history of the driver is crucial. This includes any previous incidents, reprimands or drug/alcohol test results.
The information from the black box of the truck is an additional piece of evidence that needs to be gathered. These devices are similar to the ones found on airplanes and are able to provide a lot of details about what caused the accident. Your attorney must seek this information as quickly as possible, as it could fade over time due to weather or the passing traffic.
A lawyer should also gather medical records of the victims. These records will show that the injuries sustained during the accident have caused lasting and extensive damage. It is crucial to keep these documents, along with any medical notes and treatment schedules.
Expert Witnesses
Although the majority of truck accidents result in a settlement between the insurance company and the victim but some do not and have to be tried in the court. Expert witnesses play a crucial role. They are experts with the education and experience to assess the evidence in your case, and then offer their opinion to jurors. They can explain complicated mechanics, medical concepts, and economic concepts to jurors who have very little or no knowledge of them.
Depending on the type of expert witness required they can range from as simple as a car mechanic who can figure out why your vehicle was damaged in the accident or metallurgists who conduct a failure assessment on a specific truck part or pathologists who determine the causes of death. They may also be needed to look into and testify on particular aspects of your case, like the impact of the crash, vehicle velocity, or reconstruction of the accident.
Medical experts are also called upon to verify the extent and severity of your injuries. This is an area that is frequently contested by insurance companies as they try to argue that you're exaggerating your injuries or that they were pre-existing injuries and that the accident didn't cause any additional damage. In these cases your lawyer may bring an independent expert to counter the claims of the insurance's doctor.
A witness who is an expert in the field can be extremely useful in proving that a trucker was negligent. They can use their expertise to assist the jury in understanding the reasons why the truck driver failed to do his or her job, the consequences this failure has caused and the financial repercussions of the 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 bills as well as lost wages, suffering and related expenses. Manhattan truck accident lawyers from Cellino Law are prepared to pursue justice for their clients and fight for the compensation they deserve.
GPS tracking is one of the most effective technologies used in accident cases. These devices are a standard of the trucking industry and frequently include a range of important information that could be used to determine the extent of liability. A Qualcomm system provide, for instance, important information like speed of braking as well as engine performance and service hours. This information can be paired with other evidence, including eyewitness testimonies, to reconstruct the scene of the crash.
Dash cams as well as telematics records could also prove useful during a truck collision. Telematics is the gathering of information gathered by a vehicle's onboard computer. This data is used to train fleet drivers and record incidents. This data could include speed, harsh braking and phone usage. This can be compared with the log books of truck drivers to see if accurate data was recorded.
Another important piece of information is any fax records that may have been sent about the journey prior to the accident. This could include information about the route and the destination, any stops on the way, and even the record of any communication between the driver of the truck and the company. This can be used by a knowledgeable personal injury lawyer to show that the truck driver was distracted or did not follow safe procedures.
When a truck accident victim can show that the trucking company, truck driver, or any other defendants failed to adhere to their duty of care and caused the accident and resulting injury, they should be held responsible for any injuries incurred as a result. To win a case, the plaintiff must show that the defendant acted in violation of any law or regulation, and that the violation directly caused harm. It is much easier to show that a violation of the traffic law was wrongful however Federal regulations require a more complex analysis.
Negotiating a Settlement
In many instances the truck accident victim can settle their case without going to trial. The process of reaching an agreement involves discussing the details of your situation with an insurance company including the amount you are entitled to under state law. A skilled attorney in truck accidents can assess your injuries and document the damage you've suffered as a result of the accident to determine your case is worth. The attorney will use the results of other similar cases involving truck accidents and how juries have awarded victims in similar circumstances to determine the amount of a fair settlement.
Your lawyer can also negotiate with the insurance company to make sure that the settlement you receive adequately covers your documented damages. This includes any amount you've lost because you were unable to work to get treatment for your injuries. The lawyer can assist in submitting documentation for these losses including old pay stubs. If your injuries hinder you from returning to the same job, you may also be entitled to compensation.
Insurance companies usually begin the conversation by making a low-ball offer. This is a tactic used to test how desperate you are to settle and could impact the value of your case. An experienced attorney can avoid being mistreated by remaining calm and never giving in to the pressure to accept a shoddy settlement.
After your lawyer has agreed to an amount that is reasonable and fair, they'll send the at-fault person an official demand for a settlement. The party must reply within 30 days, otherwise you'll lose your right to bring a lawsuit against them in court. In some instances the trucking company may refuse to negotiate. Your attorney will then file a lawsuit on behalf of the party who was negligent.
It is difficult to give an estimate of the value of a truck crash settlement as each case is unique. For instance, the severity of the injuries and how long you'll be off from work to receive medical treatment are two factors which can be different. Truck accident settlements can reach millions of dollars.