Truck Accident Litigation
The litigation involving truck accidents involves many potential defendants. The defendants 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 improperly loaded cargo.
Many trucks are equipped with event data recorders, also referred to as black boxes. These can help investigators determine how a crash occurred. Personal injury lawyers with years of experience will be able to verify the data contained in log books.
new york truck accident lawsuit of the Scene
In the case of a car accident the first thing to do is gather physical evidence. However, in the case of truck accidents there are numerous other factors to take into consideration. For example truck accidents often involve dangerous items, and even a relatively minor crash can cause serious or fatal injuries.
The investigation process is therefore more complex than the typical car accident. It is also more time-consuming, and it requires the assistance of experts in different fields. Luckily, a reputable lawyer can connect you with the most qualified people for this job.
A thorough truck accident investigation includes interviewing eyewitnesses, as well as going to the site of the crash. Experts are also needed to reconstruct the incident from the physical evidence. This is essential in the case of a defendant being held accountable for the incident.
In addition, the attorney should seek out any information from the trucking company and driver that could be relevant to the case. This could include information regarding the safety guidelines of the trucking company, maintenance protocols, and training procedures. Additionally, the past of the truck driver is important for any past incidents, reprimands or test results for alcohol or drugs.
Another evidence source to collect is the data from the truck's black box. These devices, similar to those found in planes, may provide lots of details regarding the accident. Your attorney must get this information as soon as possible, as it could be lost due to weather or the passing traffic.
A lawyer should also collect medical records of the victims. These documents will help prove that the injuries sustained during the crash caused a significant and lasting injury. It is vital to keep these documents along with any medical notes and treatment schedules.
Expert Witnesses
Although the majority of accidents involving trucks result in an agreement between the insurance company and the injured party but some do not and must be tried in the court. Expert witnesses are essential in these cases. They are professionals who have the training and knowledge to assess the evidence in your case, and give their opinion to the jurors. They can explain complex medical concepts, mechanical concepts, and economic concepts to jurors with little or no understanding of them.
Based on the type of expert witness required, they can be as simple as a mechanic who will determine the reason your vehicle was damaged in the accident or metallurgists who conduct a failure analysis of the truck part that is in question or pathologists who determine the reason for death. They could be required to examine and testify on specific aspects of the case, such as the force of the collision or the vehicle's velocity, or the accident reconstruction.
Medical experts are also called upon to assess the extent and severity of your injuries. This is an area which can be a major issue by the insurance company as they attempt to claim that you are exaggerating your injuries or that they were pre-existing and that the accident did not cause them any additional damage. In these instances your lawyer may bring an independent expert to counter the testimony of the insurance doctor.
Finally an expert witness could be vital when it comes to finding out that the trucker at fault in the accident was negligent in some way. They can use their expertise to help the jury understand the truck driver's failure complete his or her job and the financial repercussions that resulted from that failure and how that failure affected you.
GPS Tracking
It is not uncommon that victims of truck accidents sustain serious injuries. They are entitled to financial aid for medical expenses and lost wages, as well as suffering and related costs. Cellino Law, a Manhattan truck accident lawyer firm is ready to fight for justice and compensation for their clients.
GPS tracking is among the most efficient technologies in accident cases. These devices are a staple of the trucking industry and frequently include a range of important data that can be used to determine liability. A Qualcomm system, for example can provide vital information including speed and braking, engine performance and service hours. This information can be combined with other evidence, including eyewitness accounts, to reconstruct the scene of an accident.
Dash cams and telematics records can also be useful during a truck collision. Telematics is the collection of information gathered by a vehicle's onboard computer that is used to coach fleet drivers and to record incidents. This may include crucial information such as speed, hard braking, phone usage and more. This information can be compared with the log books of the truck drivers to determine if accurate records were maintained.
Another crucial piece of information is any fax records which may have been transmitted regarding the journey prior to the accident. It could contain information regarding the route and the destination, any stops along the way, or even an account of any messages between the driver of the truck and the company. This can be used by an experienced personal injury lawyer to show that the truck driver was distracted or ignoring safety procedures.
If a victim of a truck accident is able to prove that the trucking company, driver or other defendants failed in their duty of care and caused the collision and the victim should be held accountable for any injuries that may have occurred as a result. Plaintiffs must prove that defendants violated a law or regulation, and that this violation caused harm. It is much easier to prove that a violation of the traffic law was wrongful however, Federal regulations require a more thorough analysis.
Negotiating a Settlement
In many cases truck accident victims can settle their claim without going to trial. The process of negotiating an agreement involves discussing the details of your situation with an insurance company including the amount you are legally entitled to under state law. A lawyer who handles truck accidents can assess your injuries and document the losses you have suffered in order to determine the worth of your case. Then, the attorney can use the results of other similar cases of truck accidents and how juries have rewarded victims in comparable situations to determine the amount of a fair settlement.
Your lawyer may also work with the insurance company to make sure that the settlement you receive adequately covers your documented damages. This includes any money you've lost as a result of missing work to receive treatment for your injuries. The lawyer can assist you with the documentation required for these losses, including former pay statements. If you're unable to return to the same type of job because of the injuries you sustained, you could be entitled to compensation for loss of earning potential in the future as well.
Insurance companies often begin the discussion with an offer that is low. This tactic is used to determine how desperate you are to settle your claim and could have a negative effect on the value of your claim. An experienced attorney can avoid being judged low-balled by staying unflinching and never yielding to pressure to accept a poor settlement.
Once your lawyer has agreed to an acceptable settlement amount, they'll send a written settlement demand to the responsible party and they must respond within 30 days or your right to take action against the responsible party in court will be forfeited. In some instances the trucking company could refuse to negotiate. Your attorney will initiate a lawsuit on behalf of the party who was negligent.
It is not possible to provide a general figure of what a settlement for a truck accident is worth because each individual case has unique factors like the severity of your injuries as well as the amount of time you will miss from work to receive medical treatment. However, it is not uncommon for truck accident settlements to be in the millions.