Truck Accident Litigation
The litigation involving truck accidents involves a wide range of possible defendants. 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 loaded cargo incorrectly.
burbank truck accident lawyer are equipped with event data recorders (also called black boxes) which can aid investigators in determining how the crash occurred. Personal injury attorneys with experience will be able to verify the data contained in log books.
Investigation of the Scene
When a car wreck occurs, the first step in an investigation is usually to gather evidence in physical form and take photographs. The causes of truck accidents differ. There are other factors to be considered. For instance trucks often transport dangerous goods, and even a relatively minor accident can cause severe or fatal injuries.
The investigation process is therefore more complicated than a typical car accident. It takes more time and requires the assistance of experts from a variety of fields. Luckily, a lawyer with experience can connect you to the most qualified people for this task.
A thorough investigation into the cause of a truck crash involves interviewing eyewitnesses and going to the site of the crash. It also requires the help of experts who can reconstruct what happened on the physical evidence gathered. This is essential in making a defendant accountable for the incident.
A lawyer should also ask the trucking company and driver for any information that may be relevant to the case. This could include information on the safety guidelines of the trucking company as well as training procedures and maintenance protocols. The history of the driver is important. This includes any past incidents, reprimands, or drug/alcohol tests results.
The information contained in the black box in the truck is another piece of evidence that needs to be collected. These devices, which are similar to those installed in planes, may provide a lot of information about the accident. Your attorney must get this information as soon as you can, since it could fade over time because of the elements or traffic.
In addition, the attorney should also obtain medical records from the victims of the crash. These documents will assist in proving that the injuries sustained during the crash caused significant and long-lasting damage. It is crucial to keep these documents along with any doctor's notes and treatment schedules.
Expert Witnesses
While most accidents involving trucks result in an agreement between the insurance company and the party who was injured but some do not and must be tried in court. Expert witnesses are essential in these cases. They are experts with the knowledge and training required to analyze the facts in your case, and provide their opinion to jurors. They can explain complex mechanical concepts, medical concepts, and economic concepts to jurors who have very little or no knowledge of them.
Expert witnesses can be anything from a simple car mechanic to a metallurgist that can evaluate the failure of a truck part or a pathologist to determine what caused the death. They could be required to examine and testify on particular elements of your case, such as the force or the crash or the speed of the vehicle or the accident reconstruction.
Medical experts are also called upon to evaluate the extent and severity of your injuries. Insurance companies frequently contest the claim that you exaggerate your injuries, or that they were pre-existing issues and that the accident did not cause any further damage. In these instances your lawyer will bring an independent medical expert to counter the insurance company's doctor's testimony.
A witness who is an expert in the field can be helpful in proving a trucker was negligent. Expert witnesses will utilize their knowledge to assist the jury in understanding how the truck driver was unable to perform his or her job, the consequences that failure caused, and the resulting financial consequences of that inattention for you.
GPS Tracking
When accidents with trucks occur it is not uncommon for victims to sustain serious injuries. They deserve financial assistance to pay medical bills as well as lost wages, suffering and related expenses. Cellino Law, a Manhattan truck accident lawyer firm, is ready to fight for justice and compensation for their clients.
GPS tracking is one of the most effective methods used for accident cases. These devices are a standard of the trucking industry and often include a range of important information that could be used to determine liability. A Qualcomm system, for example, can provide important information on speed brake, engine performance and service hours. This can be used in conjunction with other evidence, like eyewitness testimony to reconstruct the scene of the crash.
Other valuable pieces of information from a truck accident incident could include the records of the trucking company's telematics system and dash cameras. Telematics is the gathering of data collected by a vehicle’s onboard computer. This data can be used to instruct fleet drivers and to record incidents. This may include crucial information like speed, harsh braking, phone usage, and more. This can be compared against the log books of the truck driver to determine if the correct data was recorded.
Another important aspect is any fax records which may have been sent about the trip prior the accident. This can include the route, destination, any stops made on the way as well as any messages exchanged between the trucker and the company. This can be used by a seasoned personal injury lawyer to prove that the trucker was distracted or following unsafe procedures.
If a victim of a truck accident can show that the trucking company, truck driver or other defendants failed to adhere to their duty of care and caused the collision and resulting injury, they should be held accountable for any injuries suffered as a result. Plaintiffs must show that defendants violated a statute or regulation, and that this violation caused harm. It is much easier to prove that a violation of an traffic law was negligent however, Federal regulations require a more complex analysis.
The process of negotiating a settlement
In many instances, truck crash victims can settle their claims without having to go to court. The process of negotiating settlement is to discuss the details of your situation with an insurance company and determining the amount you are entitled to under the law of your state. A lawyer who is involved in a truck accident can evaluate your injuries, and document the losses you have suffered that result from them to determine the value of your case. The attorney can then use the results of similar truck accident lawsuits and how juries awarded victims in similar situations to establish an appropriate settlement amount.
Your lawyer can also negotiate with the insurance company to ensure that the settlement you receive adequately covers your documented damages. This includes the money you have lost due to missing work to seek treatment for your injury. Lawyers can assist you in submitting the necessary documentation for these losses, such as old pay statements. If your injuries hinder you from returning to your previous job, you could be entitled to compensation.
Insurance companies will often start the discussion with an offer that is low. This strategy is used to determine how eager you are to settle your claim and could have a negative impact on the value of your claim. A lawyer with experience is able to avoid being mistreated by staying calm and never succumbing to pressure to accept any settlement that isn't adequate.
After your lawyer has negotiated an amount that is reasonable and fair, they will send the person who is at fault a written demand for settlement. The party must respond within 30 days, or you will lose the right to bring a lawsuit against them in court. In some instances, a trucking company will refuse to negotiate and your attorney will bring a lawsuit against the negligent party.
It is impossible to give an estimate of the value of a settlement as each case is unique. For instance, the severity of the injuries and the length of time you'll miss work for medical treatment are factors that differ. Settlements for truck accidents can be millions of dollars.