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Truck Accident Litigation
There are a variety of defendants in a lawsuit involving a truck accident. These defendants may include the driver of the truck and their employer as well as a company that manufactured defective equipment or a contractor who loaded cargo incorrectly.
Many trucks have event data recorders (also known as black boxes) that can assist investigators in determining the cause of an accident occurred. Experienced personal injury attorneys will know how to match the data with log books.
Investigation of the Scene
In the event of a car crash the first thing you need to do is collect physical evidence. Truck accidents are not the same. There are arkansas truck wreck lawyer to consider. Trucks often transport dangerous products and even a minor collision can cause serious or fatal injuries.
This is because the investigation process is more complex than that of a normal car accident. It takes longer and requires the assistance of experts from various fields. Luckily, a lawyer with experience will connect you with the best people for this job.
The process of interviewing eyewitnesses is a vital element of a thorough truck accident investigation. Experts are also needed to reconstruct the crash from the physical evidence. This information is crucial to holding a defendant liable for the accident.
Furthermore, an attorney should seek any information from the trucking driver and the company that might be relevant to the case. This could include information on the safety policies of the trucking firm, maintenance protocols, and training procedures. Also, the history of the truck driver is important like any prior incidents, reprimands, or test results for alcohol or drugs.
The information from the black box in the truck is a different source of evidence that must be gathered. These devices, which are similar to those installed in planes, could provide many details about the incident. The information you need should be requested as soon as possible by your attorney, because it could fade away over time due to the elements or other traffic.
A lawyer should also gather medical records of the victims. These documents will help prove that the injuries sustained in the crash have caused significant and long-lasting damage. It is vital to preserve these documents, as well as any doctor's notes or treatment schedules that are readily available.
Expert Witnesses
While most truck accidents end up in an agreement between the insurance company and the person who was injured but some do not and must be tried in the court. This is where expert witnesses play a vital role. They are professionals who have the knowledge and training required to analyze the facts in your case, and then offer their opinion to jurors. They can explain complicated mechanical, physical, medical and economic concepts that the majority of jurors are not aware of or have no knowledge of.
Expert witnesses could be anything from a simple car mechanic to a metallurgist that can examine the failure of a truck component or a pathologist who will determine the cause of death. They may also be needed to testify and examine specific aspects of your case, such as the force of the collision, vehicle velocity, or accident reconstruction.
Another important area where experts are brought in is to help medical experts verify the severity of your injuries. Insurance companies often challenge the claim that you exaggerate the severity of your injuries or the fact that these were pre-existing injuries and that the accident didn't cause any additional harm. In these cases your lawyer may bring in an independent expert to counter the evidence of the doctor who is a part of the insurance.
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 the reasons why the truck driver did not perform his or her job, the consequences the failure led to and the financial implications of this 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 expenses, lost wages, pain and suffering and other associated costs. Cellino Law, a Manhattan truck accident lawyer firm is ready to fight for justice and compensation for their clients.
GPS tracking is among the most effective technologies used in cases of accident. These devices are an integral part of the trucking industry and usually have a variety of important data that can be used to determine the extent of liability. A Qualcomm system, for example can provide vital information including speed brake engine performance, and hours of service. This information can be used in conjunction with other evidence like eyewitness testimony to help reconstruct the scene of the crash.
Other valuable pieces of information in a truck crash case could be records from the telematics software used by the trucking company and dash cams. Telematics is the gathering of data gathered by the vehicle's onboard computer. The data is used to instruct fleet drivers and record incidents. It can contain important information such as speed, hard brakes, usage of phones and more. This can be compared against the log books of the truck driver to see whether accurate records were kept.
A fax report of any communication concerning the trip prior to the accident is also vital. This can include information about the route and the destination, any stops along the way, and even a record of any messages between the truck driver and the company. This can be used by an experienced personal injury lawyer to show that the truck driver was distracted or did not follow safe procedures.
If a truck accident victim can prove that the trucking company, driver or any other defendants failed to uphold their duty of diligence, and caused the collision, then they should be accountable for any injuries incurred as a result. To prevail in a lawsuit, the plaintiff must show that the defendant acted in violation of an act or regulation and that this violation directly caused harm. It is much simpler to prove that a violation of the traffic law was wrongful, but 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 reaching an agreement involves discussing the facts of your situation with an insurance company including the amount you are entitled to under the law of your state. A truck accident lawyer can evaluate your injuries and document your losses due to them, in order to determine the worth of your case. The lawyer can then utilize the results of other similar lawsuits related to truck accidents as well as the amount of compensation juries awarded victims in similar situations to determine an acceptable 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 includes the amount you've paid as a result of missing work to receive treatment for your injuries. The lawyer can help submit documentation for these losses, which could include former pay stubs. If you're unable to return to the same kind of job because of the injuries you sustained, you could be eligible for compensation for the loss of future earning capacity as well.
Insurance companies usually begin the discussion with an offer that is low. This is a standard tactic to test how desperate you are to settle and can affect the value of your case. An experienced attorney can avoid being judged low-balled by staying neutral and refusing to give in to pressure to accept a low settlement.
Once your lawyer has reached a reasonable settlement amount, they'll send a settlement demand in writing to the at-fault party and must be responded to within 30 days or your right to pursue the responsible party in court will be revoked. In some cases the trucking company may refuse to negotiate and your attorney will file a lawsuit against the negligent party.
It isn't possible for us to provide a general estimate for how much the settlement from a truck accident is worth as each case is unique such as the severity of your injuries and the amount of time you'll miss working to undergo medical treatments. However, it is not unusual for settlements in truck accidents to be worth millions of dollars.