Truck Accident Litigation
The litigation involving truck accidents involves many possible defendants. They could include the truck driver and their employer as well as a producer that manufactured defective equipment or a contractor that loaded cargo improperly.
Many trucks are equipped with event data recorders, also known as black boxes. These can aid investigators in determining the cause of the crash happened. An experienced personal injury lawyer will be able to connect the data with log books.
Investigation of the Scene
In the case of a car accident the first thing to do is gather evidence. Truck accidents are different. There are other factors to consider. Trucks are typically carrying dangerous goods, and even a minor collision can cause serious or fatal injuries.
This is because the investigation process is more complex than the typical car accident. It is also more time-consuming, and it requires the assistance of experts from various fields. Fortunately, a qualified lawyer can connect you with the most qualified people for this task.
A thorough investigation into the cause of a truck crash involves interviewing eyewitnesses as well as visiting the scene of the accident. Experts are also required to reconstruct the incident by analyzing the physical evidence. This information is crucial to the case of a defendant being held accountable for the incident.
A lawyer should also ask the trucking company as well as the driver for any information that may be relevant to a particular case. This could include information about the safety guidelines of the trucking company training protocols, procedures for training, and maintenance protocols. The past history of the driver is also important. This includes any past incidents, reprimands or drug/alcohol test results.
Another piece of evidence to look for is the information from the black box in the truck. These devices are similar to the ones found in airplanes, and can provide a wealth of details about how the accident occurred. This information should be requested as soon as you can by your lawyer, as it could disappear over time due to the elements or traffic.
A lawyer should also collect medical records of the victims. These documents will assist in proving that the injuries sustained in the crash have caused significant and long-lasting damage. It is crucial to keep these documents, along with any doctor's notes and treatment schedules.
Expert Witnesses
The majority of truck accidents are settled between insurance company, the person who was injured and the trucking company. However, there are some that are not and must be taken to court. Expert witnesses are crucial in these cases. They are experts with the knowledge and training required to assess the evidence in your case, and provide their opinions to jurors. They can explain complex medical concepts, mechanical theories and economic concepts to jurors who have little or no knowledge of them.
Based on the type of expert witness you require, they can range from as simple as a car mechanic who can determine why your vehicle was damaged in the crash, to metallurgists who can perform a failure analysis on the truck part that is in question or pathologists who determine the causes of death. They may also be required to testify and examine specific elements of your case like the impact of the crash or the vehicle's speed, or even the reconstruction of the accident.
Medical experts are also called upon to verify the severity and extent of your injuries. This is a subject which can be a major issue by the insurance company since 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 additional harm. In these instances the attorney could call in an independent expert to challenge the testimony of the insurance doctor.
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. arkansas truck accident law firm can use their expertise to help the jury understand the truck driver's omission to perform his or her duties as well as the financial implications that resulted from that failure and how the failure affected you.
GPS Tracking
When accidents involving trucks happen, it is not uncommon for their victims to sustain serious injuries. They must be compensated for medical expenses, lost wages, suffering, as well as other costs. Cellino Law, a Manhattan truck accident lawyer firm is prepared to fight for justice and compensation for their clients.
GPS tracking is among the most effective technologies used for accident cases. These devices are a staple of the trucking industry, and typically contain a range of vital information that can be used to determine liability. A Qualcomm system provide, for instance, important information like speed, braking performance, engine performance, and service hours. This information can be combined with other evidence, for instance eyewitness testimony, to reconstruct the scene of an accident.
Other crucial pieces of information from a truck accident investigation could be evidence from the trucking company's telematics system and dash cameras. Telematics is the gathering of information gathered by a vehicle's onboard computer. The data is used to instruct fleet drivers and to record incidents. This could include vital information like speed, harsh brakes, usage of phones and more. This can be compared to the log books of the truck drivers to determine whether accurate records were kept.
A fax recording of any communication regarding the trip prior to the accident is also vital. It could contain information regarding the route and destination, any stops during the journey, and even the record of any communication between the truck driver and the company. A seasoned personal injury lawyer can use this to prove that the truck driver was distracted, following unsafe procedures, or taking unnecessary risks.
When a truck accident victim is able to demonstrate that the trucking company, driver or any other defendants failed to adhere to their duty of care and caused the collision and resulting injury, they should be held responsible for any injuries sustained as a result. In order to win a case the plaintiff must show that the defendant violated an act or regulation and that the breach directly caused harm. It is simpler 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 victims of truck accidents can settle their case without going to trial. The process of negotiating a settlement involves discussing the details of your case with an insurance provider, including the amount you are legally entitled to under state law. An experienced attorney for truck accidents will evaluate your injuries and document the losses you have suffered in the accident to determine the value of your case is. The attorney can then use the results of other similar lawsuits related to truck accidents as well as the amount of compensation juries awarded victims in similar circumstances to determine an appropriate settlement amount.
Your lawyer may also work with the insurance company to ensure that the settlement you receive will cover your documented losses. This includes any money that you lost because you missed work to receive treatment for your injury. Lawyers can assist you to submit documentation for these losses, such as old pay statements. If your injuries prevent you from returning to the same job, you may also be eligible for compensation.
Insurance companies will often start the conversation with an offer that is low. This is a standard tactic to determine how desperate you are to settle and can impact 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 low settlement.
Once your lawyer has negotiated an acceptable settlement amount, they'll send a written settlement demand to the at-fault party and they must respond within 30 days, or your right to sue the responsible party in court will be forfeited. In some cases, a trucking company will refuse to negotiate, and your lawyer will bring a lawsuit against the negligent party.
It is impossible to give a general estimate for how much a settlement for a truck accident is worth as each situation is different such as the severity of your injuries and the amount of time that you'll be away from work for medical treatments. Settlements for truck accidents can range from millions of dollars.