Truck Accident Litigation
Truck accident litigation covers an array of possible defendants. They could include the driver of the truck and their employer as in addition to a company which manufactured defective equipment, or an individual contractor who loaded cargo incorrectly.
Many trucks are equipped with event data recorders (also known as black boxes) that can assist investigators in determining how an accident occurred. Personal injury lawyers who have experience will be able to verify the data in log books.
Investigation of the Scene
In the case of a car accident, the first thing to do is collect physical evidence. In the case of truck accidents, however there are numerous other factors to take into consideration. Trucks often transport dangerous items and even a minor collision can cause serious or fatal injuries.
The process of investigation is more complex than a typical car accident. It is also more time consuming, and it requires the assistance of experts in a variety of fields. A lawyer who is qualified can assist you in finding the right experts to perform this work.
A thorough investigation into the cause of a truck crash includes interviewing eyewitnesses, as well as going to the scene of the crash. It also requires the assistance of experts who are able to reconstruct the events that led to the accident based on the evidence that is collected. This information is essential to holding a defendant liable for the incident.
A lawyer should also inquire with 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, maintenance protocols, and training procedures. The history of the driver is also crucial. This includes any previous incidents, reprimands and drug/alcohol tests.
Another piece of evidence to gather is the data from the truck's black-box. These devices are similar to ones that are installed in airplanes, and they are able to provide a lot of information about the circumstances of the accident. Your lawyer should ask for this information as fast as you can, since it may disappear over time because of the elements or passing traffic.
In addition, the attorney must also collect medical records from the victims of the crash. These records will show that the injuries sustained during the crash caused long-lasting and extensive damage. It is essential to keep these documents along with any doctor's notes and treatment schedules.
Expert Witnesses
While the majority of truck accidents result in an agreement between the insurance company and the person who was injured however, some don't and must be heard in court. Expert witnesses are essential in these cases. They are experts with the training and knowledge to analyze the facts in your case and provide their opinion to jurors. They can explain complicated mechanical concepts, medical concepts, and economic concepts to jurors with little or no knowledge of them.
Expert witnesses can range from a straightforward car mechanic to a metallurgist who can evaluate the failure of a part of the truck or a pathologist to determine what caused the death. They may also be needed to review and testify about particular aspects of your case, such as the force of the collision, vehicle velocity, or reconstruction of the accident.
Another area in which experts are called in is for medical experts to determine the severity of your injuries. This is an area which is often contested by the insurance company, as 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 damage. In these situations the lawyer will call an independent medical expert to counter the testimony of the insurance company's doctor.
A witness who is an expert in the field can be extremely helpful in proving a truck driver was negligent. They will utilize their knowledge to assist jurors in understanding the truck driver's omission to perform their duties, the financial consequences of that failure and how that lack of performance affected you.
GPS Tracking
It is not unusual for victims of truck accidents suffer serious injuries. They should be compensated for medical expenses, lost wages, suffering and pain, and other expenses. Manhattan truck accident lawyers from Cellino Law are prepared to seek justice for their clients and fight for the compensation they deserve.
GPS tracking is among the most efficient technologies in cases of accident. These devices are a staple of the trucking industry and frequently have a variety of crucial information that can be used to determine liability. A Qualcomm system, for example, can provide important information about speed brake engines performance and service hours. This information can be paired with other evidence, like eyewitness testimony to reconstruct the scene of an accident.
Dash cams as well as telematics records can also be useful in the event of a truck crash. Telematics is the collection of data gathered by the vehicle's onboard computer. It's utilized for coaching fleet drivers and also to record incidents. The data can include speed, harsh braking, and phone usage. It can be compared with the truck driver's log books to determine whether accurate records were kept.
A fax report of any communication regarding the trip before the accident is also vital. This could include information about the route and destination, any stops on the way, and even a record of any messages between the truck driver and the company. This can be used by a skilled personal injury lawyer to prove that the trucker was distracted or ignoring safety procedures.
If a person injured in a collision with a truck can prove that the trucking company, driver, or any other defendants, failed to perform their duty of care and caused the collision and resulted in the collision, then they should be accountable for any injuries suffered due to the collision. Plaintiffs must show that the defendants broke a law or regulation, and that the violation caused harm. It is easier to prove that a breach of the traffic law was wrongful, but Federal regulations require a more detailed analysis.
Negotiating maryland truck accident lawyer
In many cases truck accident victims can settle their case without having to go to trial. The process of negotiating a settlement involves discussing the details of your case with an insurance provider, including the amount you are entitled to under the law of your state. An experienced attorney for truck accidents can assess your injuries and record the losses you have suffered as a result of the crash to determine how your case is worth. The attorney can use the results of other similar cases involving similar truck accidents as well as the amount of compensation that juries have awarded victims in similar circumstances to determine the amount of a fair settlement.
Your lawyer can also negotiate directly with the insurance company to ensure that the settlement you get is adequate to cover the losses that are documented. This will include any money you've lost due to missing work to seek treatment for your injuries. The lawyer can help submit documentation for these losses, including former pay stubs. If you're unable to return to the same sort of job due to the injuries you sustained, you could be entitled to compensation for the loss of earning potential in the future as well.
Insurance companies will often start the conversation with a low-ball offer. This tactic is used to determine how eager you are to settle your case. This could have a negative impact on the value of your claim. A seasoned attorney can prevent being low-balled by remaining calm and never giving in to pressure to accept an inadequate settlement.
After your lawyer has negotiated an amount that is fair then they will mail the person at fault a written request for a settlement. The other party must respond within 30 days, or else you lose the right to bring a lawsuit against them in court. In certain cases the trucking company may refuse to negotiate. Your attorney will file a lawsuit on behalf of the party who was negligent.
It is impossible to give an estimate of the value of a truck crash settlement because every case is different. For instance, the severity of the injuries and the time you will be away from work for medical treatment are factors that differ. Settlements for truck accidents can range from millions of dollars.