Truck Accident Litigation
There are a myriad of potential defendants in a lawsuit involving a truck accident. These defendants could include the driver of the truck and their employer as and a business that produced defective equipment or an individual contractor who loaded cargo incorrectly.
Many trucks are equipped with event data recorders, sometimes referred to as black boxes, which can assist investigators in determining how a crash occurred. Personal injury lawyers with experience can match the log book information with the accident.
Investigation of the Scene
When a car accident occurs the first step of an investigation is usually to collect evidence physically and take pictures. In the case of truck accidents, however there are numerous other factors to take into consideration. For las vegas truck wreck lawyer are frequently transporting dangerous goods, and even a relatively minor crash can cause fatal or serious injuries.
The process of investigation is more complex than the typical car accident. It takes longer and requires the help of experts from various fields. Luckily, a reputable lawyer can connect you with the most qualified people for this task.
Interviewing eyewitnesses is a crucial component of a thorough accident investigation. It also requires the assistance of experts who are able to reconstruct the events that led to the accident based on the physical evidence that is collected. This information is crucial to the case of a defendant being held accountable for the incident.
Additionally, an attorney should seek out any information from the trucking driver and the company that might be relevant to the case. This could include information about the safety policies of the trucking company maintenance protocols, as well as training procedures. The history of the driver is important. This could include any previous incidents, reprimands, or drug/alcohol tests results.
Another evidence source to collect is the data from the black box in the truck. These devices are similar to ones found in airplanes, and they are able to provide a lot of information on how the accident occurred. The information you require should be sought as soon as you can by your attorney, as it could be lost because of the elements or the speed of traffic.
The attorney should also collect medical records from the victims of the crash. These documents will prove that the injuries sustained during the accident have caused lasting and extensive damage. It is crucial to keep these documents, together with any doctor's notes and treatment schedules.
Expert Witnesses
While most accidents involving trucks result in a settlement between the insurance company and the person who was injured, some do not and must be tried in court. Expert witnesses play a key role. They are professionals who have the expertise, education and expertise to review information in your case and provide their opinions to the jury. They can explain complicated medical, physical, mechanical and economic concepts that the majority of jurors are not aware of or have no understanding of.
Expert witnesses could vary from a basic car mechanic to a metallurgist able to evaluate the failure of a truck part or a pathologist who will determine what caused the death. They could also be required to testify and examine specific elements of your case like the force of the crash or the vehicle's speed, or reconstruction of the accident.
Another area in which experts are brought in is to help medical experts verify the severity of your injuries. Insurance companies will often contest this claim, claiming that you exaggerate your injuries, or that they were pre-existing issues and that the accident didn't cause any further damage. In these instances your lawyer will bring an independent medical expert who will challenge the claims of the insurance company's doctor.
A witness who is an expert in the field can be extremely useful in proving that a truck driver was negligent. Expert witnesses will utilize their knowledge to help the jury understand how the truck driver did not perform his or her job, what the failure led to and the financial implications of this inattention for you.
GPS Tracking
It is not uncommon to see victims of truck accidents sustain serious injuries. They must be compensated for medical expenses, lost wages, suffering and pain, and other expenses. Manhattan truck accident lawyers from Cellino Law are prepared to find justice for their clients and fight for the compensation they are due.
GPS tracking is one of the most effective methods used in cases of accident. These devices are an integral part of the trucking industry and usually have a variety of vital information that can be used to determine liability. A Qualcomm system can, for instance, provide important information, such as speed and braking performance, engine performance, and service hours. This information can be paired with other evidence, such as eyewitness accounts, to reconstruct the scene of a crash.
Dash cams as well as telematics records could also prove useful during a truck collision. Telematics is the collection of information gathered by a vehicle's onboard computer. This information is used to instruct fleet drivers and record incidents. This data could include speed, harsh braking, and phone usage. This information can be compared with the truck driver's log books to determine if accurate data was recorded.
Another important aspect is any fax communications records that were sent out regarding the trip prior to the accident. This can include the route, destination, and any stops on the way along with any messages sent between the trucker and the company. An experienced personal injury lawyer can use this to show that the trucker was distracted, followed unsafe procedures, or taking unnecessary risks.
If the victim of a car accident can prove that the trucking company, driver or any other defendants, failed fulfill their duty of care and caused the accident, then they should be accountable for any injuries suffered due to the collision. Plaintiffs must prove that defendants violated a statute or regulation, and that this violation caused harm. It is simpler to prove that a violation was not negligent in the context of traffic laws, but federal regulations require a more complicated analysis.
Negotiating a Settlement
In most cases, truck accident victims are able to settle their claims without going to court. To negotiate settlement, you'll be required to discuss the circumstances of your accident with the insurance company. This includes the amount that you are entitled to under the law of your state. A skilled attorney in truck accidents can evaluate your injuries and document the losses you've suffered in the accident to determine much your case is worth. The attorney will then be able to use the results of similar lawsuits for truck accidents and the verdicts of juries in similar situations to calculate a reasonable settlement amount.
Your lawyer can also negotiate with the insurance company to make sure that the settlement you receive covers the damages you have documented. This will include any amount you've lost because you were unable to work to receive treatment for your injuries. Lawyers can assist you in submitting the necessary documentation for these losses, such as old pay receipts. If you're not able to return to the same sort of job due to the injuries you sustained, you could be entitled to compensation for the loss of future earning capacity as well.
Insurance companies often begin the discussion with a low-ball offer. This method is used to determine how desperate you are to settle your case. This could have a negative effect on the value of your claim. A seasoned attorney can prevent being judged low-balled by staying at peace and not giving in to pressure to accept a poor settlement.
Once your lawyer has agreed to an acceptable settlement amount, they will send a settlement demand in writing to the responsible party and they must respond within 30 days, or your right to pursue the responsible party in court will be forfeited. In certain cases, the trucking company may refuse to negotiate. Your lawyer will initiate an action on behalf of the party who was negligent.
It isn't possible to provide a general estimate of what a truck accident settlement is worth as each situation is different, such as the extent of your injuries and the length of time you'll be absent from work for medical treatments. It is however not uncommon for truck accident settlements to exceed millions of dollars.