Truck Accident Litigation
There are a lot of potential defendants in a lawsuit involving a truck accident. These defendants may include the driver of the truck as well as their employer, as and a business that manufactured defective equipment, or a contractor who improperly loaded cargo.
Many trucks are equipped with event data recorders (also called black boxes) which can aid investigators in determining how an accident occurred. Personal injury attorneys with experience will be able to match the data contained in log books.
Investigation of the Scene
In the event of a car crash the first thing to do is gather physical evidence. When it comes to truck accidents there are a variety of aspects to be considered. Trucks are frequently carrying dangerous items and even a minor incident can result in fatal or serious injuries.
The process of investigation is more complex than a typical car accident. It takes longer and requires the assistance of experts from a variety of areas. A qualified lawyer can assist you in finding the right people to complete this work.
A thorough truck accident investigation involves interviewing eyewitnesses and going to the scene of the crash. Experts are also required to reconstruct the accident based on the collected physical evidence. This information is vital in making a defendant accountable for the accident.
Additionally, the attorney should seek out any information from the trucking company and driver that could be relevant to the case. This could include information on the safety guidelines of the trucking company maintenance procedures, safety policies, and training procedures. Also, the history of the truck driver is vital like any prior incidents, reprimands, or results of a drug/alcohol test.
The information from the black box of the truck is a different source of evidence that must be collected. These devices, similar to those used in planes, could provide lots of details regarding the accident. Your lawyer should request this information as soon as possible, as it may disappear over time because of the elements or traffic.
The attorney should also gather medical records from the victims of the crash. These documents will assist in proving that the injuries sustained during the crash caused a significant and lasting injury. It is crucial to preserve these documents, as well as any doctor's notes or treatment schedules that are available.
Expert Witnesses
Most truck accidents are settled between the insurance company, the victim and the trucking company. However, some do not and need to be brought to court. Expert witnesses play a vital role. They are professionals with the training and knowledge to analyze the facts in your case, and then give their opinion to the jurors. They can explain complex mechanical concepts, medical 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 car mechanic who can figure out why your vehicle was damaged during the crash and metallurgists who conduct a failure analysis of a specific truck part or pathologists who determine the cause of death. They may also be required to testify and examine particular aspects of your case such as the force of the crash as well as the velocity of the vehicle or reconstruction of the accident.
Another important area where experts are consulted is to help medical experts confirm the severity of your injuries. skokie truck accident lawyer is a subject which is often contested by insurance companies as they will try to claim that you are exaggerating your injuries or that they were pre-existing and that the accident didn't cause any further damage. In these cases your lawyer may bring in an independent expert to counter the insurance's doctor's testimonies.
In the end an expert witness can be vital when it comes to finding out that the trucker at fault in the accident was negligent in some way. They can use their expertise to help the jury understand how the truck driver was unable to perform his or her job, the consequences this negligence caused and the financial implications of this negligence for you.
GPS Tracking
It is not uncommon that victims of truck accidents suffer serious injuries. They deserve financial assistance to deal with medical bills, lost wages, suffering and associated costs. Manhattan truck accident lawyers from Cellino Law are prepared to pursue justice for their clients and fight to get the compensation they deserve.
One of the most useful pieces of technology in the event of an accident is GPS tracking. These devices are used by the trucking industry, and often contain a wide array of data that can help determine the liability of the driver. A Qualcomm system, for instance provides important information on speed and braking, engine performance and service hours. This information can be paired with other evidence, like eyewitness accounts, to reconstruct the scene of an accident.
Dash cams and telematics data can also be useful in the event of a truck accident. Telematics is a collection of data gathered by the vehicle's onboard computer that is utilized for coaching fleet drivers and for recording incidents. The information could include speed, harsh braking, and phone usage. It can be compared to the log books of truck drivers to determine if accurate data was recorded.
Another crucial piece of information is any fax messages which may have been sent about the trip prior to the accident. This can include the route, destination, and any stops during the trip, as well as any messages exchanged between the trucker and the company. An experienced personal injury attorney could use this evidence to prove that the truck driver was distracted, not following safe procedures, or taking unnecessary risks.
If the victim of a car accident can prove that the trucking company or driver, or any other defendants failed to meet their duty of care and caused the collision and caused the accident, they should be held accountable for any injuries suffered due to the collision. Plaintiffs must prove that the defendants violated a law or regulation, and that this violation caused harm. It is easier to prove that a violation was not negligent when it comes to traffic laws, however federal regulations require a more complex analysis.
Negotiating a Settlement
In many instances, truck crash victims are able to settle their claims without having to go to court. To negotiate a settlement, you will be required to discuss the circumstances of your crash with the insurance company. This includes the amount to which you are entitled to under state law. An experienced truck accident attorney can assess your injuries and record the losses you've suffered due to 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 how juries awarded victims in similar situations to determine an appropriate settlement amount.
Your lawyer can also negotiate with the insurance company to make sure that the settlement you receive adequately covers the damages you have documented. This includes any money you lost because you missed work to seek treatment for your injury. The lawyer can assist in submitting evidence for these losses, including old pay bills. If you're not able to return to the same kind of job due to the injuries you sustained, you could be entitled to compensation for loss of earning potential in the future as well.
Insurance companies typically begin the discussion with a low-ball offer. This is a typical tactic to determine how desperate you are to settle and could impact the value of your case. An experienced attorney can avoid being mistreated by remaining at peace and not giving in to pressure to accept a poor settlement.
After your lawyer has agreed to an amount that is reasonable, they will send the person responsible for the fault a written demand for settlement. The person who is responsible must respond within 30 days or you will lose the right to pursue them in court. In some instances trucking companies will not negotiate and your lawyer will pursue a lawsuit against a negligent party.
It isn't possible to provide a general estimate for the amount the settlement from a truck accident is worth as each case is unique and has its own factors including the severity of your injuries as well as the length of time you will miss from work due to medical treatments. Truck accident settlements can reach millions of dollars.