Truck Accident Litigation
There are many potential plaintiffs in litigation over truck accidents. They could include the truck driver and their employer, as well as a company that produced defective equipment or a contractor who loaded cargo in a way that was not properly.
Many trucks have event data recorders (also called black boxes) that can assist investigators in determining what caused the crash took place. Personal injury attorneys with experience will be able to verify the log book information with the accident.
Investigation of the Scene
In the event of a car crash the first thing to do is gather evidence. The causes of truck accidents differ. There are other factors to consider. For instance trucks often transport dangerous products and even a minor crash can result in fatal or serious injuries.
The investigation process is therefore more complicated than a typical car accident. joliet truck accident lawsuit takes more time and requires the help of experts from different areas. A lawyer who is qualified can help you locate the right professionals to handle this job.
An exhaustive investigation into a truck accident involves interviewing eyewitnesses and visiting the scene of the crash. It also requires the help of experts who are able to reconstruct the circumstances of the crash based on the physical evidence that is collected. This information is essential to making a defendant accountable for the incident.
Additionally, an attorney must request any information from the trucking driver and the company that might be relevant to the case. This could include information regarding the safety policies of the trucking firm, training procedures, and maintenance procedures. Additionally, the past of the driver of the truck is crucial like any prior incidents, reprimands, or alcohol/drug test results.
The data gathered from the black box in the truck is a different source of evidence that must be gathered. These devices are similar to ones that are installed in planes, and they can provide a wealth of details about the circumstances of the accident. Your lawyer should get this information as soon as possible, as it could be lost due to weather or the passing traffic.
A lawyer should also collect medical records of the victims. These documents will prove that the injuries sustained during the accident have triggered long-lasting and extensive damage. It is important to keep these documents, together with any notes from a doctor and treatment schedules.
Expert Witnesses
While most accidents involving trucks result in an agreement between the insurance company and the injured party, some do not and have to be tried in court. Expert witnesses are essential in these cases. They are professionals who have the education and experience to analyze the facts in your case, and give their opinion to the jurors. They can explain complex mechanical, physical, medical, and economic concepts that many jurors have no or little knowledge of.
Expert witnesses could range from a straightforward car mechanic to a metallurgist able to determine the failure of a truck component or a pathologist who will determine what caused the death. They may also be required to review and testify about specific elements of your case such as the force of the collision or the vehicle's speed, or the reconstruction of an accident.
Medical experts are also called upon to verify the severity and extent of your injuries. Insurance companies frequently contest this area, claiming that you exaggerate the severity of your injuries or that they have pre-existing conditions and that the accident did not cause any further harm. In these instances, your attorney may call in an independent expert to refute the testimony of the insurance doctor.
Lastly an expert witness can be essential when it comes to finding out that the trucker at fault in the accident was negligent in a certain way. They will utilize their knowledge to assist jurors in understanding the truck driver's omission to complete his or her job and the financial repercussions which resulted from this failure and how the failure affected the person who was affected.
GPS Tracking
When truck accidents occur, it is not uncommon for victims to suffer serious injuries. They must be compensated for medical bills, lost wages and suffering and pain, as well as other costs. Manhattan truck accident lawyers from Cellino Law are prepared to pursue justice for their clients and fight for the compensation they deserved.
GPS tracking is one of the most efficient technologies in the event of an accident. These devices are employed by the trucking industry, and often contain a variety important data that can help determine liability. A Qualcomm system, for instance, can provide important information about speed and braking engine performance, and hours of service. This information can be used in conjunction with other evidence, such as eyewitness testimony to help reconstruct the scene of the crash.
Dash cams as well as telematics records can also be useful in a truck accident. Telematics is the process of collecting data that is gathered by a vehicle's onboard computer. This data is used to coach fleet drivers and to record incidents. This can include important data like speed, harsh brakes, phone usage and more. This information can be compared with the log books of the truck driver to see whether accurate records were maintained.
A fax log of any communication about the trip prior to the accident is equally important. This information can include the route, destination, any stops made on the way along with any messages exchanged between the trucker and the company. An experienced personal injury attorney can use this to prove that the trucker was distracted, following unsafe procedures, or taking risks that were not necessary.
If a person injured in a collision with a truck can prove that the trucking company, driver or any other defendants failed to uphold their duty of diligence, and caused the collision then they must be accountable for any injuries suffered as a result. Plaintiffs must prove that defendants violated a statute or regulation, and that the violation caused harm. It is much simpler to show that a violation of a traffic law was negligent, but Federal regulations require a more detailed analysis.
Negotiating a Settlement
In many cases the truck accident victim may settle their claim without going to trial. To reach an agreement, you'll need to discuss the specifics of your accident with the insurance company. This is the amount you are entitled to under the law of the state. An experienced truck accident attorney can assess your injuries and document the losses you have suffered as a result of the crash to determine how much your case is worth. The attorney can then use the results of other similar truck accident lawsuits and the way juries awarded victims in similar situations to determine the amount of a fair settlement.
Your lawyer may also work with the insurance company to make sure that the settlement you receive covers the damages you have documented. This includes any amount you've lost due to missing work to receive treatment for your injuries. Lawyers can assist in submitting the necessary documentation for these losses, such as old pay statements. If your injuries stop you from returning to your previous job, you may also be eligible for compensation.
Insurance companies usually begin the conversation with a low-ball offer. This is a tactic used to determine how desperate you are to settle your case and can impact the value of your case. An experienced attorney can avoid being mistreated by remaining calm and never giving in to pressure to accept an inadequate settlement.
After your lawyer has reached an amount that is reasonable, they will send the person at fault an official demand for settlement. The other party must respond within 30 days or you will lose your right to bring a lawsuit against them in court. In some instances the trucking company may not negotiate and your attorney will pursue a lawsuit against a negligent party.
It is not possible to provide a general figure of how much a truck accident settlement is worth because each individual situation is different, such as the degree of your injuries, as well as the length of time you'll miss from work due to medical treatments. Truck accident settlements can reach millions of dollars.