Truck Accident Litigation
There are many potential defendants in a lawsuit involving a truck accident. They could include the truck driver and their employer, as well as a manufacturer that made defective equipment or a contractor that loaded cargo improperly.
Many trucks have event data recorders, also referred to as black boxes, that can aid investigators in determining the cause of the crash took place. Personal injury lawyers with experience will be able match the log book information with the accident.
Investigation of the Scene
In the event of a car crash the first thing to do is collect physical evidence. Truck accidents are not the same. There are many other factors to be considered. Trucks often transport dangerous goods, and even a minor accident can cause serious or fatal injuries.
The investigation process is more complicated than a typical car accident. It is also more time consuming, and it requires the help of experts in various areas. A qualified lawyer can help you find the right professionals to handle this job.
Eyewitness interviews are a vital element of a thorough truck accident investigation. It also requires the assistance of experts who are able to reconstruct what happened on the evidence gathered. This information is vital in making a defendant accountable for the occurrence.
A lawyer should also ask the trucking company and driver for any information they believe to be relevant to a specific case. This could include information about the trucking company's safety policies, training procedures, and maintenance procedures. Additionally, the past of the truck driver is important including any previous incidents, reprimands, or results of a drug/alcohol test.
Another source of evidence to gather is the data from the truck's black-box. These devices, which are similar to those installed in planes, may provide many details about the incident. The information you require should be sought as soon as possible by your attorney, because it may disappear in time because of the elements or passing traffic.
wyoming truck accident lawsuit should also gather medical records of the victims. These documents will prove that the injuries sustained in the crash have caused long-lasting and significant damage. It is crucial to save these documents, as well as any medical notes or treatment schedules that are readily available.
Expert Witnesses
Most truck accidents are settled between insurance company, the victim and the trucking company. However, there are some that do not and need to be taken to the court. Expert witnesses play a crucial role. They are professionals with the training and knowledge to analyze the facts in your case and give their opinion to the jurors. They can explain complicated medical, physical, mechanical, and economic concepts that the majority of jurors lack understanding of.
Depending on the kind of expert witness needed, they could be as basic as a mechanic who can figure out why your vehicle was damaged in the accident and metallurgists who do a failure analysis on a specific truck part, or pathologists who can determine the cause of death. They could be required to investigate and testify about specific aspects of your case, for instance the force of the crash and the velocity of the vehicle, or the reconstruction of the accident.
Another area in which experts are brought in is for medical experts to verify the severity of your injuries. This is an area which can be a major issue by the insurance company as they may try to claim that you have exaggerated your injuries or that they were pre-existing and that the accident did not cause any additional damage. In these cases, your attorney will call an independent medical expert who will challenge the testimony of the insurance company's doctor.
A witness who is an expert in the field can be very beneficial in proving that the truck driver was negligent. They will use their expertise to assist the jury in understanding the reasons why the truck driver failed to do his or her job, the consequences this negligence caused, and the resulting financial repercussions of the negligence for you.
GPS Tracking
It is not uncommon that victims of truck accidents suffer severe injuries. They deserve compensation for medical expenses, lost wages, pain and suffering, along with other expenses. Manhattan truck accident lawyers from Cellino Law are prepared to seek justice for their clients and fight for the compensation they are due.
GPS tracking is one of the most effective technologies used for accident cases. These devices are a staple of the trucking industry and often come with a variety of important information that could be used to determine the extent of liability. A Qualcomm system, for example can provide crucial information on speed as well as braking performance engine performance, and service hours. This can be used in conjunction with other evidence, like eyewitness testimony to reconstruct the scene of the crash.
Dash cams and telematics records can also be useful in the event of a truck accident. Telematics is the collection of data gathered by the vehicle's onboard computer. It is utilized for coaching fleet drivers and for recording incidents. This could include vital information like speed, harsh braking, phone usage, and more. This can be compared against the truck driver's log books to determine if the correct data was recorded.
A fax report of any communication regarding the trip prior to the accident is also vital. This could include information about the route and destination, any stops during the journey, 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 show that the trucker was distracted or ignoring safety procedures.
If a victim of a truck accident can prove that the trucking company, truck driver or other defendants did not uphold their duty of care and caused the accident they must be held accountable for any injuries incurred as a result. Plaintiffs must prove that the defendants broke a law or regulation, and that the violation caused harm. It is much simpler to show that a violation of the traffic law was wrongful however, Federal regulations require a more thorough analysis.
The process of negotiating a settlement
In many cases, truck accident victims are able to settle their claims without going to court. The process of reaching settlement involves discussing the details of your case with an insurance firm, including the amount you are entitled to under state law. A lawyer who handles truck accidents will evaluate your injuries and document your losses in order to determine the value of your case. The attorney will analyze the results of similar cases of truck accidents and how juries have awarded victims in comparable situations to determine the amount of a fair settlement.
Your lawyer can also negotiate with the insurance company to ensure that the settlement you receive adequately will cover your documented losses. This includes the amount you've paid as a result of missing work to seek treatment for your injuries. The lawyer can help you document these losses, which could include former pay receipts. If your injuries prevent you from returning to your previous job, you could be entitled to compensation.
Insurance companies often begin the discussion by making an offer of low value. This is a typical tactic to gauge how desperate you are to settle your case and could affect the value of your case. A lawyer who is knowledgeable is able to avoid being mistreated by staying calm and never allowing pressure to accept an offer that is not satisfactory.
After your lawyer has agreed to an amount that is fair then they will mail the at-fault person a written request for a settlement. The party must respond within 30 days, or you'll lose your right to take them to court. In some cases the trucking company may refuse to negotiate. Your lawyer will initiate a lawsuit on behalf of the negligent party.
It isn't possible to provide a general estimate for the amount an accident settlement for a truck is worth because each individual case has unique factors, such as the severity of your injuries as well as the length of time that you'll be away from work to receive medical treatment. However, it isn't uncommon for truck accident settlements to be worth millions of dollars.