Truck Accident Litigation
There are a myriad of potential plaintiffs in litigation over truck accidents. These defendants could include the driver of the truck and their employer as also a company that manufactured defective equipment or a contractor who loaded cargo incorrectly.
Many trucks contain event data recorders, sometimes referred to as black boxes, which can aid investigators in determining the cause of the crash took place. Personal injury lawyers who have experience will be able to verify the information in log books.
Investigation of the Scene
In the event of a car crash, the first thing to do is gather evidence. In the case of truck accidents, however there are many other things to consider. Trucks are frequently carrying dangerous products 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 longer and requires the assistance of experts from a variety of fields. Fortunately, a lawyer who is qualified can connect you with the best people for this job.
An exhaustive investigation into a truck accident includes interviewing eyewitnesses, as well as going to the site of the accident. Experts are also needed to reconstruct the crash by analyzing the physical evidence. This is essential in the case of a defendant being held accountable for the accident.
A lawyer should also ask the trucking company and driver for any information they believe to be relevant to a particular case. This could include information about the trucking company’s safety policies maintenance procedures, safety policies, and training procedures. Also, the history of the truck driver is vital for any past incidents, reprimands or alcohol/drug test results.
The information contained in the black box in the truck is yet another source of evidence that must be gathered. These devices are similar to the ones found in airplanes, and can provide a lot of details about the circumstances of the accident. This information should be requested as soon as you can by your lawyer, as it could be lost due to the elements or the speed of traffic.
Finally, an attorney should also obtain medical records from the victims of the crash. These documents will assist in proving that the injuries suffered during the crash caused substantial and lasting damage. It is essential to keep these documents, as well as any medical notes or treatment schedules that are readily available.
Expert Witnesses
Although the majority of truck accidents end up in an agreement between the insurance company and the party who was injured however, some don't and must be tried in court. Expert witnesses play a crucial role. They are professionals with the training and knowledge to analyze the facts in your case, and then offer their opinion to jurors. They can explain complex medical, physical, mechanical, and economic concepts that the majority of jurors have little or no understanding of.
Depending on the kind of expert witness required, they can be as simple as a car mechanic who can determine why your vehicle was damaged in the accident, to metallurgists who can conduct a failure analysis of an individual truck component, or pathologists who can determine the reason for death. They may be required investigate and testify about specific elements of your case, for instance the force of the collision and the velocity of the vehicle, or the accident reconstruction.
Medical experts are also required to assess the extent and severity of your injuries. This is a subject that can be heavily contested by insurance companies as they may try to claim that you are exaggerating your injuries or that they were pre-existing injuries and that the accident did not cause any further damage. In these cases the attorney could call an independent expert to refute the insurance's doctor's testimonies.
In the end an expert witness can be crucial when it comes to proving that the trucker who was involved in the accident was negligent in a certain way. birmingham truck accident attorney will utilize their knowledge to help the jury understand the truck driver's failure fulfill his or her responsibilities and the financial consequences which resulted from this failure, and how that failure affected you.
GPS Tracking
It is not unusual for victims of truck accidents sustain serious injuries. They need financial assistance to cover medical bills as well as lost 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.
GPS tracking is among the most useful technologies in the event of an accident. These devices are utilized by the trucking industry and typically contain a wide array of data that help determine responsibility. A Qualcomm system, for example provides important data on speed as well as braking performance, engine performance and service hours. This can be used in conjunction with other evidence, such as eyewitness testimony to help reconstruct the scene of the crash.
Dash cams and telematics data could also prove useful in the event of a truck accident. Telematics is the collection of data collected by a vehicle’s onboard computer. This information can be used to instruct fleet drivers and to record incidents. This information can include speed, harsh braking and phone usage. It can be compared to the log books of truck drivers to determine if they had accurate records were recorded.
Another important piece of evidence is any fax messages that might have been transmitted regarding the trip prior to the incident. This could include information on the travel route and its destination, any stops on the way, and even an account of any messages between the driver of the truck and the company. A seasoned personal injury lawyer can use this to show that the truck driver 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 to perform their duty of care and triggered the collision then they must be held accountable for any injuries that occur as a result. Plaintiffs must show that the defendants violated a law or regulation, and that this violation caused harm. It is much simpler to prove that a breach of the traffic law was wrongful however, Federal regulations require a more complex analysis.
The process of negotiating a settlement
In many cases, a truck accident victim can settle their case without having to go to trial. The process of negotiating settlement is to discuss the details of your situation with an insurance company which includes the amount you are entitled to under the law of your state. A truck accident lawyer can evaluate your injuries and document the damages you suffered in order to determine the worth of your case. The lawyer can then utilize the results from other similar lawsuits for truck accidents and the amount of compensation juries awarded victims in similar situations to calculate the amount of a fair settlement.
Your lawyer can also negotiate with the insurance company to ensure that the settlement you receive covers the damages you have documented. This will include any amount you've lost due to missing work to receive treatment for your injuries. The lawyer can assist you with the documentation required for these losses, which could include former pay statements. If your injuries prevent you from returning to the same job, you could be entitled to compensation.
Insurance companies typically begin the conversation by offering an offer of low value. This is a tactic used to test how desperate you are to negotiate a settlement and can affect the value of your case. An experienced attorney can avoid being low-balled 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 make a written demand for settlement to the responsible party and must be responded to within 30 days or your right to bring a lawsuit against the responsible party in court will be forfeited. In some cases, a trucking company will refuse to negotiate, and your lawyer will bring a lawsuit against the negligent party.
It is impossible to provide an estimate of the worth of a truck accident settlement because each case is different. For example the severity of injuries and how long you'll miss work to receive medical treatment are two factors that vary. But, it's not unusual for settlements from truck accidents to exceed millions of dollars.