Truck Accident Litigation
There are many potential plaintiffs in litigation over truck accidents. These defendants may include the driver of the truck as well as their employer as also a company that manufactured defective equipment or an individual contractor who loaded cargo incorrectly.
Many trucks are equipped with event data recorders (also known as black boxes) which can aid investigators in determining how a crash happened. Personal injury lawyers with years of experience can match the information in log books.
Investigation of the Scene
In the case of a car accident the first thing to do is gather physical evidence. Truck accidents are not the same. There are more aspects to consider. For example trucks often transport dangerous goods, and even a relatively minor crash could result in severe or fatal injuries.
Due to this, the investigation process is more complicated than that of a standard car accident. It takes more time and requires the assistance of experts from various fields. A qualified lawyer can help you locate the right experts to perform this task.
Eyewitness interviews are a vital component of a thorough accident investigation. It also requires the assistance of experts who can reconstruct what happened on the physical evidence gathered. This information is essential to finding a defendant accountable for the accident.
A lawyer should also contact the trucking company and driver for any information that might be relevant to a specific case. This could include information on the safety policies of the trucking firm maintenance protocols, policies for maintenance, and training procedures. The past history of the driver is also important. This includes any previous incidents, reprimands or alcohol/drug tests results.
Another thing to be gathered is the data from the black box in the truck. These devices are similar to ones that are installed in planes, and they can provide a great deal of information about how the accident happened. The information you need should be requested whenever possible by your attorney, as it could be lost due to the elements or other traffic.
In addition, the attorney must also collect medical records from the victims of the crash. These records will aid in proving that the injuries suffered during the crash caused substantial and lasting damage. It is vital to preserve these documents, along with any doctor's notes or treatment plans that are available.
Expert Witnesses
The majority of truck accidents are settled between the insurance company, the person who was injured and the trucking company. However, there are some that don't and have to be taken to court. This is where expert witnesses play a key role. They are professionals who have the training and knowledge to evaluate the information in your case and provide their opinion to jurors. They can explain complex medical concepts, mechanical concepts and economic concepts to jurors who have only a basic understanding of them.
Expert witnesses could vary from a basic car mechanic to a metallurgist that can evaluate the failure of a part of the truck or a pathologist who can determine what caused the death. They may also be needed to examine and testify about specific elements of your case such as the force of the crash as well as the velocity of the vehicle or reconstruction of the accident.
Another important area where experts are consulted is to help medical experts determine the severity of your injuries. Insurance companies typically contest this claim, claiming that you exaggerate your injuries or that they were pre-existing issues and that the incident didn't cause any further harm. In these cases your attorney can call an independent expert to counter the testimony of the insurance doctor.
Lastly an expert witness can be crucial to showing that the truck driver involved in the accident was negligent in a certain way. They will utilize their knowledge to help the jury comprehend the truck driver's inability to fulfill his or her responsibilities and the financial repercussions of that failure, and how that failure affected you.
GPS Tracking
It is not uncommon to see victims of truck accidents suffer severe injuries. They should be compensated for medical bills, lost wages and suffering, as well as other costs. 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 the event of an accident. These devices are employed by the trucking industry, and they often contain a range of important information that can help determine who is responsible. A Qualcomm system can provide important information like speed as well as braking performance, engine performance, and service hours. This can be used in conjunction with other evidence like eyewitness testimony to help reconstruct the scene of the crash.
Other pieces of valuable information in a truck crash incident could include the records of the trucking company's telematics program and dash cams. Telematics is the process of collecting information gathered by a vehicle's onboard computer.
miami truck accident law firm
Links to an external site. is used to train fleet drivers and to record incidents. This information can include speed, harsh braking, and phone usage. This information can be compared with the log books of truck drivers to see if accurate records were recorded.
A fax record of any communication concerning the trip before the accident is also vital. This information can include the route, destination, any stops made during the journey as well as any messages exchanged between the trucker and the company. This information can be used by an experienced personal injury lawyer to show that the truck driver was distracted or not following safe procedures.
When a truck accident victim is able to demonstrate that the trucking company, driver or other defendants did not uphold their duty of care and caused the accident and the victim should be held responsible for any injuries suffered as a result. In order to win a case the plaintiff must prove that the defendant violated a statute or regulation and that the violation directly caused harm. It is easier to prove that a violation was negligent in the context of traffic laws, however federal regulations require a much more complicated analysis.
The process of negotiating a settlement
In many cases the truck accident victim may settle their claim without having to go to trial. The process of negotiating an agreement involves discussing the facts of your case with an insurance provider and determining the amount you are entitled to under state law. An experienced attorney for truck accidents can evaluate your injuries and record the losses you've suffered in the accident to determine much your case is worth. The attorney can analyze the results of similar cases of truck accidents and the amount of compensation that juries have awarded victims in comparable situations to determine the fair amount to settle.
Your lawyer may also work with the insurance company to ensure that the settlement you receive covers the documented damages. This includes any money you have lost due to missing work to receive treatment for your injury. The lawyer can help you with the documentation required for these losses, which could include former pay stubs. If your injuries stop you from returning to the same job, you may also be eligible for compensation.
Insurance companies will often start the conversation by making an offer that is low. This strategy is used to determine how desperate you are to settle your claim and can have a negative impact on the value of your claim. A lawyer who is well-informed will avoid being slammed by remaining calm and never allowing pressure to accept a settlement that is inadequate.
Once your lawyer has negotiated a reasonable settlement amount, they'll send a settlement demand in writing to the party responsible for the fault and must be responded to within 30 days, or your right to pursue the responsible party in court will be forfeited. In some instances the trucking company could refuse to negotiate. Your attorney will file a lawsuit on behalf of the party who was negligent.
It is difficult to give an estimate of the value of a settlement because every instance is unique. For instance, the severity of the injuries and how long you'll be away from work to receive medical treatment are two factors that vary. Settlements from truck accidents can amount to millions of dollars.