Truck Accident Litigation
There are a myriad of potential plaintiffs in litigation over truck accidents. These defendants could include the driver of the truck and their employer, as well as a company that manufactured defective equipment, or an individual contractor who improperly loaded cargo.
abilene truck accident attorney are equipped with event data recorders (also called black boxes) which can aid investigators in determining what caused an accident occurred. Personal injury lawyers who have experience will be able match the information in log books.
Investigation of the Scene
In the event of a car crash, the first thing to do is gather evidence. The causes of truck accidents differ. There are a variety of factors to take into consideration. For instance, trucks are often transporting dangerous products and even a minor crash could result in fatal or serious injuries.
The investigation process is more complex than the typical car accident. It takes more time and requires the assistance of experts from a variety of fields. Luckily, a reputable lawyer will connect you with the most qualified people to do this job.
Eyewitness interviews are a vital element of a thorough truck accident investigation. It also requires the help of experts who can determine how the accident happened based on the evidence that is collected. This information is vital in holding a defendant responsible for the occurrence.
A lawyer should also contact the trucking company as well as the driver for any information that might be relevant to a case. This could include information regarding the safety policies of the trucking firm or training procedures, as well as maintenance protocols. Also, the background of the truck driver is important including any previous incidents, reprimands, or drug/alcohol test results.
The data gathered from the black box of the truck is yet another element of evidence that should be collected. These devices, similar to those used in planes, may provide many details about the incident. Attorneys must seek this information as quickly as possible, as it could disappear over time due to weather conditions or the passing traffic.
In addition, the attorney should also collect medical records from the victims of the crash. These documents will help prove that the injuries suffered during the crash caused substantial and lasting damage. It is vital to preserve these documents, as well as any doctor's notes or treatment plans that are available.
Expert Witnesses
While the majority of accidents involving trucks result in a settlement between the insurance company and the person who was injured however, some don't and must be heard in court. Expert witnesses are crucial in these cases. They are professionals with the expertise, education and expertise to review the evidence 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 lack understanding of.
Depending on the type of expert witness required they can be as simple as a mechanic who can figure out why your vehicle was damaged during the accident, to metallurgists who can conduct a failure analysis of the specific part of your truck or pathologists who determine the cause of death. They may be required to investigate and testify about particular aspects of your case, for instance the force or crash or the speed of the vehicle or the accident reconstruction.
Another crucial area where experts are called in is to help medical experts confirm the severity of your injuries. This is an area that can be heavily contested by insurance companies as they try to argue that you are exaggerating your injuries or that they were pre-existing injuries and that the accident didn't cause any additional harm. In these instances the lawyer will call in an independent medical expert who will challenge the insurance company's doctor's testimony.
A witness who is an expert in the field can be helpful in proving that a trucker was negligent. They will utilize their knowledge to assist jurors in understanding the truck driver's failure perform his or her duties and the financial consequences caused by that failure, and how that failure affected the person who was affected.
GPS Tracking
It is not uncommon for victims of truck accidents sustain serious injuries. They deserve financial assistance to deal with medical expenses, lost wages, suffering and related expenses. Cellino Law, a Manhattan truck accident lawyer firm is prepared to fight for justice and compensation for their clients.
GPS tracking is one of the most effective technologies used in cases of accident. These devices are a common feature of the trucking industry and often have a variety of important information that could be used to determine liability. A Qualcomm system provide important information, such as speed, braking performance as well as engine performance and service hours. This information can be combined with other evidence, for instance eyewitness accounts, to reconstruct the scene of a crash.
Other valuable pieces of information in a car accident investigation could be evidence from the telematics software used by the trucking company and dash cameras. Telematics is the collection of information gathered by a vehicle's onboard computer. This data is used to train fleet drivers and to record incidents. This can include important details like speed, rough brakes, usage of phones and more. This can be compared with the log books of truck drivers to see if accurate records were recorded.
Another important piece of evidence is any fax messages that might have been transmitted regarding the trip prior the accident. This could include information about the route, destination, and any stops made on the way and any messages exchanged between the trucker and the company. This information can be used by a skilled personal injury lawyer to show that the truck driver was distracted or not following safe procedures.
If a person injured in a collision with a truck can prove that the trucking company, truck driver or any other defendants failed to uphold their duty of care and caused the collision they must be held accountable for any injuries that may have occurred as a result. Plaintiffs must prove that defendants violated a statute or regulation, and that the violation caused harm. It is easier to prove that a violation of an traffic law was negligent however, Federal regulations require a more intricate analysis.
The process of negotiating a settlement
In many cases, truck accident victims can settle their claims without having to go to court. In order to reach a settlement, you will need to discuss the specifics of your accident with the insurance company. This includes the amount to which you are entitled under state law. An experienced attorney for truck accidents will evaluate your injuries and record the losses you've suffered in the crash to determine how your case is worth. The attorney will then be able to use the results from other similar lawsuits related to truck accidents as well as the verdicts of juries in similar situations to determine a reasonable settlement amount.
Your lawyer can also work directly with the insurance company to ensure that the settlement you get adequately covers the damages acknowledged. This includes any money you've lost due to missing work to receive treatment for your injuries. Lawyers can assist you to document these losses, including former pay stubs. If your injuries hinder you from returning to your previous job, you could be entitled to compensation.
Insurance companies usually begin the discussion with a low-ball offer. This is a standard tactic to gauge how desperate you are to negotiate a settlement and can impact the value of your case. A knowledgeable attorney can avoid being mistreated by remaining calm and never giving in to pressure to accept a poor settlement.
After your lawyer has agreed to an amount that is fair and fair, they'll send the at-fault person an email request for a settlement. The other party must respond within 30 days or else you lose your right to take them to court. In certain cases trucking companies will refuse to negotiate, and your attorney will bring a lawsuit against the negligent party.
It isn't possible to provide a general estimate of how much an accident settlement for a truck is worth, as each case is unique and has its own factors like the extent of your injuries and the amount of time you'll be absent working to undergo medical treatments. Settlements from truck accidents can amount to millions of dollars.