Are You Getting The Most From Your Truck Accident Attorneys?

Truck Accident Litigation

Truck accident litigation can involve a wide range of potential defendants. They could include the truck driver and their employer, as well as a producer who produced defective equipment, or a company that loaded cargo in a way that was not properly.

Many trucks contain event data recorders, sometimes referred to as black boxes, that can help investigators determine how a crash occurred. Personal injury attorneys with experience will be able match the data in log books.

Investigation of the Scene

When a car accident occurs the first step in an investigation is usually to collect evidence from the scene and take photos. However, in the case of truck accidents there are numerous other things to think about. Trucks often transport dangerous products and even a minor accident can result in fatal or serious injuries.

Due to this, the investigation process is more complicated than that of a standard car accident. It takes more time and requires the assistance of experts from various areas. Fortunately, a lawyer who is qualified can connect you with the best people for this task.

An exhaustive investigation into a truck accident involves interviewing eyewitnesses and visiting the scene of the crash. Experts are also needed to reconstruct the incident based on the collected physical evidence. This information is crucial to the case of a defendant being held accountable for the accident.

A lawyer must also inquire of the trucking company and the driver for any information they believe to be relevant to a case. This could include information regarding the trucking company’s safety policies maintenance protocols, policies for maintenance, and training procedures. The past history of the driver is important. This includes any past incidents, reprimands or alcohol/drug tests.

The information from the black box in the truck is an additional piece of evidence that needs to be gathered. These devices, which are similar to those used in planes, may provide an abundance of information regarding the incident. Your lawyer must request this information as soon as you can, since it could disappear over time due to the elements or passing traffic.

In addition, the attorney should also collect medical records from the victims of the crash. These documents will assist in proving that the injuries sustained during the crash caused substantial and lasting damage. It is vital to keep these documents, together with any notes from a doctor and treatment schedules.

Expert Witnesses

While the majority of accidents involving trucks result in an agreement between the insurance company and the victim but some do not and need to be tried in the court. This is where expert witnesses play a vital role. They are professionals who have the training, knowledge and experience to assess information in your case and present their views to the jury. They can explain complex medical, physical, mechanical, and economic concepts that a majority of jurors have little or no understanding of.

Expert witnesses could range from a straightforward car mechanic to a metallurgist able to examine the failure of a truck component or a pathologist that can determine what caused the death. They may also be required to testify and examine specific elements of your case like the force of the crash, vehicle velocity, or accident reconstruction.

Another important area where experts are called in is to help medical experts determine the severity of your injuries. Insurance companies frequently contest this issue, claiming you exaggerate the severity of your injuries or the fact that these were pre-existing injuries and that the incident didn't cause any additional harm. In these cases your lawyer will call in an independent medical expert to counter 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. They will use their expertise to help the jury understand how the truck driver was not doing his or her job, what the failure led to and the financial implications of this negligence for you.

GPS Tracking

It is not uncommon for victims of accidents involving trucks suffer serious injuries. They deserve financial assistance to deal with medical bills, lost wages, suffering and related costs. Manhattan truck accident lawyers from Cellino Law are prepared to find justice for their clients and fight for the compensation they are due.

One of the most beneficial technological tools in any accident scenario is GPS tracking. These devices are used by the trucking industry and they often contain a range of important information that help determine the responsibility. A Qualcomm system, for example provides important data on speed, braking, engine performance and hours of service. This information can be paired with other evidence, for instance eyewitness testimony to reconstruct the scene of the crash.

Dash cams and telematics records could also prove useful during a truck collision. Telematics is the process of collecting data gathered by the vehicle's onboard computer. This data is used to instruct fleet drivers and record incidents. This data could include speed, harsh braking and phone usage. This can be compared with the log books of the truck accident attorneys drivers to determine if they had accurate records were maintained.

Another important aspect is any fax records which may have been sent regarding the trip prior to the incident. This could include information about the route, destination, and any stops made along the way and any messages sent between the trucker and the company. An experienced personal injury attorney could use this evidence to prove that the trucker was distracted, followed unsafe procedures, or taking risks that were not necessary.

When a truck accident victim is able to demonstrate that the trucking company, truck driver, or any other defendants failed in their duty of care and caused the collision, they should be held accountable for any injuries suffered as a result. In order to win a case the plaintiff must prove that the defendant acted in violation of a statute or regulation and truck accident settlement this breach directly caused harm. It is easier to prove that a violation of the traffic law was wrongful, but Federal regulations require a more intricate analysis.

Negotiating a Settlement

In many cases, truck accident victims can settle their claims without having to go to court. The process of reaching an agreement involves discussing the details of your case with an insurance provider and determining the amount you are entitled to under state law. A lawyer for truck accidents can evaluate your injuries, and document the losses you have suffered that result from them to determine the worth of your case. The attorney can then use the results from other similar lawsuits involving truck accidents and the amount of compensation juries awarded victims in similar situations to determine an appropriate settlement amount.

Your lawyer can also work directly with the insurance company in order to ensure that the settlement you get is sufficient to cover the damages you have which are documented. This includes any money that you have lost due to missing work to seek treatment for your injury. The lawyer can assist you in submitting evidence for these losses including old pay statements. If your injuries hinder you from returning to your previous job, you may also be eligible for compensation.

Insurance companies typically start the discussion by making an offer of low value. This technique is used to gauge how eager you are to settle your claim and could have a negative effect on the value of your claim. An experienced attorney can avoid being mistreated by remaining neutral and refusing to give in to pressure to accept a low settlement.

After your lawyer has agreed to an amount that is reasonable and fair, they'll send the at-fault person an official demand for settlement. The person who is responsible must respond within 30 days or you will lose the right to bring a lawsuit against them in court. In some cases the trucking company may refuse to negotiate and your lawyer will file a lawsuit against the negligent party.

It isn't possible to give a general estimate for the amount a settlement for a truck accident settlement accident is worth because each individual situation is different, such as the severity of your injuries and the length of time that you'll be away from work for medical treatments. But, it's not uncommon for truck accident settlements to be worth millions of dollars.