Truck Accident Litigation
There are many potential defendants in a lawsuit involving a truck accident. They could include the driver of the truck and their employer as in addition to a company which produced defective equipment or a contractor who improperly loaded cargo.
Many trucks are equipped with event data recorders (also called black boxes) that can assist investigators in determining what caused a crash happened. Personal injury attorneys with experience will be able to verify the data contained in log books.
Investigation of the Scene
In the case of a car accident the first thing to do is gather evidence. In the case of truck accidents, however there are a variety of things to consider. For example trucks often transport dangerous items and even a minor crash can result in serious or fatal injuries.
The process of investigation is more complex than the typical car accident. It takes more time and requires the assistance of experts from different fields. chesapeake truck accident law firm with experience can help you locate the right professionals to handle this job.
A thorough truck accident investigation involves interviewing eyewitnesses and going to the scene of the crash. Experts are also required to reconstruct the crash by analyzing the physical evidence. This information is vital in the case of a defendant being held accountable for the occurrence.
A lawyer must also inquire of the trucking company as well as the driver for any information that might be relevant to the case. This could include information regarding the safety policies of the trucking firm maintenance protocols, policies for maintenance, and training procedures. The past of the driver is important. This includes any previous incidents, reprimands and drug/alcohol test results.
The data from the black box in the truck is a different source of evidence that must be gathered. These devices are similar to the ones found on airplanes and can provide a wealth of information about what caused the accident. Attorneys should ask for this information as fast as you can, since it may disappear over time due to weather conditions or the passing traffic.
Additionally, an attorney should also obtain medical records from the victims of the crash. These records will show that the injuries sustained in the crash caused long-lasting and substantial damage. It is crucial to save these documents, along with any doctor's notes or treatment schedules that are available.
Expert Witnesses
While the majority of truck accidents result in a settlement between the insurance company and the party who was injured, some do not and have to be tried in the court. Expert witnesses are vital in these cases. They are experts who have the knowledge, training and experience to assess the evidence in your case, and present their views to the jury. They can explain complex medical concepts, mechanical theories and economic concepts to jurors with little or no knowledge of them.
Based on the type of expert witness required they could be as straightforward as a car mechanic who can determine why your vehicle was damaged during the accident and metallurgists that can do a failure analysis on an individual truck component, or pathologists who can determine the causes of death. They may also be required to review and testify about specific elements of your case, such as the force of the collision and the speed of the vehicle, or even the reconstruction of the accident.
Medical experts are also required to evaluate the extent and severity of your injuries. This is an area that can be heavily contested by the insurance company, as they attempt to claim that you are exaggerating your injuries or that they were pre-existing and that the accident didn't cause them any additional damage. In these cases your attorney can call in an independent expert to challenge the insurance's doctor's testimonies.
A witness who is an expert in the field can be very useful in proving that a trucker was negligent. They will make use of their expertise to help the jury comprehend how the truck driver was unable to perform his or her job, what 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 truck accidents sustain serious injuries. They deserve financial assistance for medical bills, lost wages, pain and suffering and other associated costs. Cellino Law, a Manhattan truck accident lawyer firm is ready to fight for justice and compensation for their clients.
GPS tracking is among the most effective methods used in the event of an accident. These devices are a standard of the trucking industry, and typically come with a variety of vital information that can be used to determine the liability. A Qualcomm system, for instance, provide crucial information like speed of braking engine performance, service hours. This can be combined with other evidence, such as eyewitness testimony to help reconstruct the scene of the crash.
Dash cams and telematics reports could be helpful in a truck accident. Telematics is a set of information gathered by a vehicle's onboard computer. It's used for fleet driver coaching and also to record incidents. It can contain important details like speed, rough braking, phone usage and more. It can be compared with the truck driver's log books to determine whether accurate data was recorded.
Another important piece of evidence is any fax communications records that were sent out regarding the trip prior to the incident. This information can include the route, destination, and any stops made during the journey along with any messages sent between the trucker and the company. An experienced personal injury attorney can use this to prove that the truck driver was distracted, not following safe procedures, or taking risks that were not necessary.
If a victim of a truck accident can prove that the trucking company, driver, or any other defendants failed in their duty of care and caused the accident and resulting injury, they should be held responsible for any injuries that may have occurred due to. To win a case, the plaintiff must show that the defendant acted in violation of the law or regulation and that the violation directly caused harm. It is easy to prove that a violation was negligent in the context of traffic laws, however federal regulations require a much more complex analysis.
Negotiating a Settlement
In many instances, truck crash victims can settle their claims without having to go to court. The process of reaching a settlement involves discussing the facts of your case with an insurance company which includes the amount you are entitled to under state law. A skilled attorney in truck accidents can evaluate your injuries and document the damage you've suffered as a result of the accident to determine your case is worth. The attorney will then be able to use the results of other similar lawsuits involving truck accidents and the verdicts of juries in similar situations to establish a reasonable settlement amount.
Your lawyer may also work with the insurance company to ensure that the settlement you receive will cover your documented losses. This will include any money you've lost because you were unable to work to get treatment for your injuries. Lawyers can assist you to with the documentation required for these losses, such as old pay stubs. If your injuries hinder you from returning to the same job, you could be entitled to compensation.
Insurance companies typically start the conversation by offering an offer of low value. This is a standard tactic to determine how desperate you are for a settlement and could impact the value of your case. A lawyer who is experienced can avoid being lowballed by remaining calm, and never allowing pressure to accept any settlement that isn't adequate.
After your lawyer has negotiated an amount that is fair, they will send the person who is at fault a written demand for a settlement. The person who is responsible must respond within 30 days, or you will lose your right to bring a lawsuit against them in court. In some cases, the trucking company may refuse to negotiate. Your attorney will file a lawsuit on behalf of the party who was negligent.
It isn't possible for us to give a general estimate for how much the settlement from a truck accident is worth as each case is unique including the severity of your injuries as well as the amount of time you'll miss working to undergo medical treatments. Settlements from truck accidents can amount to millions of dollars.