Truck Accident Litigation
Truck accident litigation can involve a wide range of possible defendants. These defendants could include the driver of the truck and their employer as and a business that produced defective equipment or an individual contractor who improperly loaded cargo.
Many trucks are equipped with event data recorders, also referred to as black boxes, which will help investigators determine the reason a crash occurred. Experienced personal injury attorneys will be able to connect the information with log books.
Investigation of the Scene
In the event of a car crash, the first thing to do is collect evidence. However, in the case of truck accidents there are many other aspects to be considered. Trucks are often carrying dangerous goods and even a minor accident could result in fatal or serious injuries.
The investigation process is more complex than a typical car accident. It is also more time consuming and requires the assistance of experts in a variety of fields. Luckily, a lawyer with experience will connect you with the best people for this job.
Eyewitness interviews are a vital component of a thorough accident investigation. Experts are also required to reconstruct the incident based on the collected physical evidence. This information is essential to holding a defendant liable for the incident.
In addition, the attorney must request any information from the truck driver and the company that could be relevant to the case. This could include information about the trucking company’s safety policies maintenance protocols, policies for maintenance, and training procedures. Additionally, the past of the driver of the truck is crucial like any prior incidents, reprimands or results of a drug/alcohol test.
Another evidence source to collect is the data from the truck's black-box. These devices are similar to the ones that are installed in airplanes, and they can provide a wealth of information regarding the circumstances of the accident. The information you need should be requested as soon as possible by your lawyer, as it could fade away over time due to the elements or the speed of traffic.
Additionally, an attorney should also obtain medical records from the victims of the crash. These records will show that the injuries suffered during the crash caused long-lasting and extensive damage. iowa truck accident lawsuit is crucial to keep these documents, together with any notes from a doctor and treatment schedules.
Expert Witnesses
While most truck accidents result in an agreement between the insurance company and the victim however, some don't and must be tried in the court. Expert witnesses are vital in these cases. They are professionals with the training, knowledge and experience to assess the evidence in your case, and provide their opinions to the jury. They can explain complicated mechanics, medical concepts and economic concepts to jurors who have little or no knowledge of them.
Depending on the type of expert witness needed, they can range from as simple as a car mechanic who can identify why your vehicle was damaged in the accident and metallurgists that can conduct a failure assessment on a specific truck part or pathologists who determine the cause of death. They may also be needed to review and testify about particular aspects of your case such as the impact of the crash, vehicle velocity, or even the reconstruction of the accident.
Another area in which experts are brought in is for medical experts to verify the severity of your injuries. Insurance companies will often contest this issue, claiming you exaggerate your injuries or the fact that these were pre-existing injuries and that the incident didn't cause any further harm. In these situations the lawyer will call an independent medical expert to counter the insurance company's doctor's testimony.
In the end, an expert witness can be essential when it comes to proving that the trucker who was involved in the accident was negligent in any way. They will make use of their expertise to help the jury understand the reasons why the truck driver failed to do his or her job, the consequences this negligence caused, and the resulting financial consequences of that negligence for you.
GPS Tracking
It is not uncommon for victims of accidents involving trucks suffer serious injuries. They must 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 to get the compensation they deserve.
One of the most effective pieces of technology in any accident scenario is GPS tracking. These devices are an integral part of the trucking industry and usually include a range of important data that can be used to determine liability. A Qualcomm system, for instance can provide vital information including speed brake engine performance, and hours of service. This information can be combined with other evidence, for instance eyewitness testimonies, to reconstruct the scene of an accident.
Dash cams as well as telematics records can also be useful in a truck accident. Telematics refers to the information gathered by an automobile's onboard computer. It is used for training of fleet drivers and also 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 records were recorded.
A fax log of any communication regarding the trip before the accident is equally important. This could include the route, destination, and any stops during the trip along with any messages exchanged between the trucker and the company. An experienced personal injury attorney can use this information to prove that the truck driver was distracted, ignoring safety procedures, or taking risks that were not necessary.
If a victim of a truck accident can prove that the trucking company, truck driver, or any other defendants did not uphold their duty of care and caused the accident, they should be held responsible for any injuries sustained as a result. To prevail, the plaintiff must show that the defendant acted in violation of an act or regulation and that this violation directly caused harm. It is simpler to prove that a violation was negligent in the context of traffic laws, but federal regulations require a much more intricate analysis.
The process of negotiating a settlement
In many instances, truck crash victims are able to settle their claims without going to court. The process of reaching settlement involves discussing the facts of your case with an insurance firm and determining the amount you are entitled to under the law of the state. A lawyer who is involved in a truck accident can evaluate your injuries, and document the damages you suffered in order to determine the value of your case. The lawyer can then utilize the results from other similar lawsuits involving truck accidents and the verdicts of juries in similar circumstances to determine an acceptable settlement amount.
Your lawyer may also work with the insurance company to make sure that the settlement you receive adequately covers the documented damages. This includes any money you've lost because you didn't work to get treatment for your injury. The lawyer can help you submit documentation for these losses, which could include former pay stubs. If your injuries prevent you from returning to your previous job, you may also be entitled to compensation.
Insurance companies typically begin the conversation by making a low offer. This tactic 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 seasoned attorney can prevent being snubbed by a judge by remaining calm and never giving in to the pressure to accept a shoddy settlement.
After your lawyer has agreed to an amount that is reasonable and fair, they will send the person responsible for the fault a written demand for a settlement. The party must respond within 30 days, or else you lose your right to sue them in court. In some instances, the trucking company may refuse to negotiate. Your attorney will initiate a lawsuit on behalf of the negligent party.
It is not possible to give an estimate of the value of a settlement since each situation is unique. For example the severity of the injuries and how long you'll be off from work for medical treatment are some of the factors that vary. But, it's not common for settlements for truck accidents to exceed millions of dollars.