Truck Accident Litigation

Truck accident litigation involves an array of potential defendants. They may include the truck driver and their employer as well as a producer that produced defective equipment or a contractor that loaded cargo improperly.

Many trucks are equipped with event data recorders, often referred to as black boxes. These can help investigators determine how the crash took place. Personal injury lawyers who are experienced know how to link this information to log books.

Investigation of the Scene

In the event of a car crash the first step in an investigation is usually to collect evidence from the scene and take photographs. Truck accidents are different. There are many other factors to consider. Trucks are often carrying dangerous goods and even a minor accident could cause serious or fatal injuries.

The process of investigation is more complex than a typical car accident. It is also longer and requires the assistance of experts in a variety of areas. Fortunately, a qualified lawyer can connect you to the most qualified people for this job.

An extensive investigation into a truck accident involves interviewing eyewitnesses as well as visiting the site of the accident. It also requires the assistance of experts who can determine the events that led to the accident based on the physical evidence that is collected. This information is crucial to making a defendant accountable for the accident.

A lawyer should also ask the trucking company as well as the driver for any information that could be relevant to the case. This could include information regarding the safety policies of the trucking company training protocols, procedures for training, and maintenance protocols. Also, the background of the truck driver is important, such as any past incidents, reprimands, or test results for alcohol or drugs.

Another source of evidence to collect is the data from the truck's black box. These devices, which are similar to those found in planes, could provide many details about the incident. This information should be requested immediately by your attorney, as it could be lost because of the elements or the speed of traffic.

A lawyer should also collect medical records of the victims. These records will show that the injuries sustained during the accident have triggered long-lasting and extensive damage. It is important to keep these documents, along with any doctor's notes and treatment schedules.

Expert Witnesses

The majority of truck accidents are settled between the insurance company, the victim and the trucking company. However, some are not and must be brought to the court. Expert witnesses play an important role. They are professionals with the knowledge, training and expertise to analyze the evidence in your case, and then present their findings to the jury. They can explain complex mechanics, medical concepts and economic concepts to jurors with little or no knowledge of them.

The type of expert witness you require, they could be as straightforward as a car mechanic who can identify why your vehicle was damaged in the accident, to metallurgists who can conduct a failure assessment on a specific truck part, or pathologists who can determine the causes of death. They might also be required to look into and testify on specific aspects of your case, such as the force of the crash, vehicle velocity, or even the reconstruction of the accident.

Medical experts are also called upon to determine the severity and extent of your injuries. This is a subject which is often contested by the insurance company, as they try to argue that you have exaggerated your injuries or that they were pre-existing injuries and that the accident did not cause them any additional damage. In these cases the attorney could call an independent expert to challenge the evidence of the doctor who is a part of the insurance.

In the end an expert witness could be essential when it comes to finding out that the trucker at fault in the accident was negligent in any way. They will use their expertise to assist the jury in understanding how the truck accident claim driver failed to do his or her job, what this negligence caused, and the resulting financial consequences of that negligence for you.

GPS Tracking

It is not uncommon to see victims of accidents involving trucks suffer serious injuries. They deserve financial support to deal with medical bills, lost wages, pain and suffering and other related costs. Cellino Law, a Manhattan truck accident lawyer firm, is ready to fight for justice and compensation for their clients.

One of the most effective technological tools in the event of an accident is GPS tracking. These devices are a staple of the trucking industry and usually have a variety of important data that can be used to determine liability. A Qualcomm system, for instance can provide crucial information on speed brake, engine performance and service hours. This can be used in conjunction with other evidence such as eyewitness testimony to help reconstruct the scene of the crash.

Dash cams and telematics data may also be valuable in the event of a truck accident. Telematics is a set of information gathered by an automobile's onboard computer, which is used for training of fleet drivers and for recording incidents. The information could include speed, harsh braking, and phone usage. This can be compared to the log books of truck drivers to determine if accurate records were recorded.

Another important aspect is any fax messages that were transmitted regarding the journey prior to the accident. This could include information on the travel route and its destination, any stops during the journey, and even the record of any communication between the driver of the truck and the company. This information can be used by a seasoned personal injury lawyer to prove that the truck driver was distracted or ignoring safety procedures.

If a truck accident victim can prove that the trucking company or driver, or any other defendants, failed meet their duty of care and triggered the collision and resulted in the collision, then they should be held accountable for any injuries suffered due to the collision. Plaintiffs must show that defendants violated a statute or regulation, and that this violation caused harm. It is much easier to show that a violation of the traffic law was wrongful however, Federal regulations require a more complex analysis.

Negotiating a Settlement

In most cases, truck accident victims are able to settle their claims without having to go to court. The process of reaching an agreement involves discussing the facts of your case with an insurance company and determining the amount you are entitled to under state law. An experienced lawyer for truck accident attorney accidents can assess your injuries and record the losses you've suffered due to the accident to determine the value of your case is. Then, the attorney can analyze the results of similar cases involving Truck Accident Attorney accidents and how juries have rewarded victims in similar situations to determine a fair settlement amount.

Your lawyer may also work with the insurance company to make sure that the settlement you receive covers your documented damages. This will include any money you have lost due to missing work to get treatment for your injuries. Lawyers can assist in submitting documentation for these losses, such as old pay stubs. If your injuries hinder you from returning to the same job, Truck Accident Litigation you may also be eligible for compensation.

Insurance companies often begin the conversation by offering an offer that is not as high. This is a typical tactic to determine how desperate are to negotiate a settlement and could affect the value of your case. A knowledgeable attorney can avoid being judged low-balled by staying neutral and refusing to give in to pressure to accept a poor settlement.

Once your lawyer has negotiated an acceptable settlement amount, they'll send a written settlement demand to the at-fault party that must be addressed within 30 days or your right to pursue the responsible party in court will be revoked. In some instances the trucking company may refuse to negotiate and your lawyer will bring a lawsuit against the negligent party.

It is impossible to provide an estimate of how much a truck accident settlement is worth, as each situation is different like the severity of your injuries as well as the amount of time you'll miss working to undergo medical treatments. However, it is not common for settlements for truck accidents to reach millions of dollars.