Truck Accident Litigation
There are a variety of defendants in a lawsuit involving a truck accident. They may include the truck driver and their employer as well as a producer that produced defective equipment or a contractor who loaded cargo improperly.
Many trucks have event data recorders (also called black boxes) which can aid investigators in determining how an accident occurred. Personal injury attorneys with experience can match the data contained in log books.
Investigation of the Scene
In the event of a car crash, the first step in an investigation is usually to collect evidence physically and take photographs. Truck accidents are different. There are other factors to consider. Trucks are often carrying dangerous items and even a minor accident could result in fatal or serious injuries.
The investigation process is more complicated than a typical car accident. It is also more time-consuming, and it requires the help of experts in different fields. A lawyer who is experienced can help you locate the right professionals to handle this task.
The process of interviewing eyewitnesses is a vital part of a thorough accident investigation. Experts are also required to reconstruct the incident from the physical evidence. This information is crucial in the case of a defendant being held accountable for the accident.
A lawyer should also inquire with the trucking company and the driver for any information that may be relevant to a particular case. This could include information about the safety guidelines of the trucking company maintenance protocols, as well as training procedures. The past of the driver is important. This includes any prior incidents, reprimands and drug/alcohol tests results.
Another evidence source to collect is the data from the truck's black-box. These devices are similar to the ones found in planes, and they can provide a great deal of information on how the accident happened. This information should be requested whenever possible by your attorney, because it could be lost due to the elements or traffic.
Finally, an attorney must also collect medical records from the victims of the crash. These documents will help prove that the injuries suffered in the crash have caused substantial and lasting damage. It is essential to keep these documents, as well as any doctor's notes or treatment schedules that are readily available.
Expert Witnesses
The majority of truck accidents are settled between the insurance company, the injured party and the trucking company. However, there are some that do not and need to be brought to the court. This is where expert witnesses play a vital role. They are professionals with the experience, knowledge, and expertise to evaluate information in your case and present their views to the jury. They can explain complex medical concepts, mechanical concepts, and economic concepts to jurors with very little or no knowledge of them.
The type of expert witness needed, they could be as basic as a mechanic who can determine why your vehicle was damaged in the accident or metallurgists who conduct a failure assessment on the truck part that is in question, or pathologists who can determine the reason for death. They might also be required to look into and testify on specific aspects of your case such as the force of the crash as well as the velocity of the vehicle or reconstruction of the accident.
Medical experts are also required to assess the severity and extent of your injuries. Insurance companies typically contest the claim that you exaggerate your injuries or that they have pre-existing conditions and that the incident didn't cause any additional harm. In these instances, your attorney may call in an independent expert to refute the testimony of the insurance doctor.
Finally, an expert witness can be vital when it comes to proving that the trucker who was involved in the accident was negligent in a certain way. Expert witnesses will utilize their knowledge to help the jury comprehend how the truck driver was unable to perform his or her job, the consequences this failure has caused, and the resulting financial consequences that resulted from the inattention for you.
GPS Tracking
It is not uncommon for victims of accidents involving trucks suffer serious injuries. They should be compensated for medical expenses, lost wages, suffering and pain, and other expenses. Cellino Law, a Manhattan truck accident lawyer firm is ready to fight for justice and compensation for their clients.
pearland truck accident attorney tracking is one of the most effective technologies used in the event of an accident. These devices are a staple of the trucking industry and often contain a range of important data that can be used to determine the liability. A Qualcomm system, for instance can provide crucial information on speed, braking engine performance, and hours of service. This information can be combined with other evidence, like eyewitness testimony to reconstruct the scene of the crash.
Other important pieces of information from a truck accident case may include records from the telematics software used by the trucking company and dash cams. Telematics is the gathering of data that is gathered by a vehicle's onboard computer. This information can be used to instruct fleet drivers and record incidents. It can contain important 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 accurate records were recorded.
A fax recording of any communication about the trip before the accident is equally important. This could include information about the route and destination, as well as any stops along the way, or even the details of any communications between the truck driver and the company. An experienced personal injury attorney can use this to prove that the truck driver was distracted, following unsafe procedures or taking unnecessary risks.
When a victim of a car accident is able to prove that the trucking company, driver or any other defendants did not uphold their duty of care and caused the accident and resulting injury, they should be held accountable for any injuries sustained as a result. To win a case, the plaintiff must prove that the defendant violated any law or regulation, and that this violation directly caused harm. It is much easier to show that a violation of a traffic law was negligent, but Federal regulations require a more thorough analysis.
The process of negotiating a settlement
In many cases the truck accident victim can settle their claim without going to trial. In order to reach settlement, you'll have to discuss the details of your accident with the insurance company. This includes the amount to which you are entitled to under state law. A lawyer for truck accidents can assess your injuries and document the losses you have suffered in order to determine the value of your case. The attorney can then apply the results from other similar truck accident lawsuits and the verdicts of juries in similar circumstances to determine an appropriate settlement amount.
Your lawyer can also negotiate with the insurance company to ensure that the settlement you receive covers the documented damages. This includes the money you lost because you missed work to seek treatment for your injury. The lawyer can assist you in submitting the necessary documentation for these losses including old pay stubs. If your injuries prevent you from returning to your previous job, you may also be entitled to compensation.
Insurance companies usually begin the conversation by offering an offer that is low. This is a common tactic to gauge how desperate you are for a settlement and can impact the value of your case. A lawyer who is well-informed will avoid being slammed by remaining calm, and not giving in to pressure to accept any settlement that isn't adequate.
Once your lawyer has agreed to an acceptable settlement amount, they'll make a written demand for settlement to the responsible party that must be addressed within 30 days or your rights to take action against the responsible party in court will be forfeited. In certain cases the trucking company may refuse to negotiate, and your attorney will file a lawsuit against the negligent party.
It isn't possible to give a general estimate for the amount a truck accident settlement is worth, as each case is unique such as the extent of your injuries and the length of time you'll be absent from work to receive medical treatment. Settlements from truck accidents can amount to millions of dollars.