15 Amazing Facts About Truck Accident Attorneys
Truck Accident Litigation
Truck accident litigation can involve a wide range of potential defendants. They could include the truck driver and their employer, and a manufacturer that produced defective equipment or a contractor that loaded cargo in a way that was not properly.
Many trucks contain event data recorders, sometimes referred to as black boxes, which can help investigators determine how the crash took place. Professional personal injury attorneys be able to match this information to log books.
Investigation of the Scene
When a car accident occurs the first step in an investigation is to collect evidence physically and take photographs. When it comes to truck accidents there are many other factors to take into consideration. Trucks are frequently carrying dangerous products and even a minor collision can cause serious or fatal injuries.
This is why the investigation process is more complex than that of a standard car accident. It is also more time-consuming and requires the help of experts from various fields. Luckily, a reputable lawyer can help you connect with the most qualified people for this job.
Interviewing eyewitnesses is an essential component of a thorough accident investigation. Experts are also needed to reconstruct the accident from the physical evidence. This is essential in finding a defendant accountable for the incident.
A lawyer should also contact the trucking company and driver for any information that might be relevant to a case. This could include information about the safety policies of the trucking company or training procedures, as well as maintenance procedures. Also, the history of the truck driver is important, such as any past incidents, reprimands, or results of a drug/alcohol test.
bend truck accident lawyer gathered from the black box in the truck is yet another piece of evidence that should be gathered. These devices, similar to those found in planes, could provide lots of details regarding the incident. Your lawyer should request this information as soon as possible, as it could fade over time due to weather or the passing traffic.
A lawyer should also collect medical records of the victims. These documents will prove that the injuries sustained in the crash have caused long-lasting and substantial damage. It is important to keep these documents, together with any notes from a doctor and treatment schedules.
Expert Witnesses
Although the majority of truck accidents result in an agreement between the insurance company and the party who was injured however, some don't and need to be tried in court. Expert witnesses are critical in these cases. They are professionals with the expertise, education and expertise to analyze the evidence in your case, and then provide their opinion to the jury. They can explain complex medical, physical, mechanical, and economic concepts that most jurors are not aware of or have no knowledge of.
Based on the type of expert witness needed, they could be as straightforward as a mechanic who can identify why your vehicle was damaged in the crash or metallurgists who conduct a failure assessment on a specific truck part or pathologists who determine the cause of death. They might be required to look into and testify on specific elements of your case, like the force of the crash, the vehicle velocity, or the reconstruction of the accident.
Another crucial area where expert witnesses are called in is for medical experts to confirm the severity of your injuries. Insurance companies will often contest this issue, claiming you exaggerate your injuries or that they have pre-existing conditions and that the accident did not cause any further damage. In these cases your lawyer will bring an independent medical expert to counter the insurance company's doctor's testimony.
A witness who is an expert in the field can be beneficial in proving that the trucker was negligent. They can use their expertise to assist the jury in understanding the reasons why the truck driver was unable to perform his or her job, the consequences this negligence caused, and the resulting financial repercussions of the negligence for you.
GPS Tracking
When accidents involving trucks happen, it is not uncommon for victims to sustain serious injuries. They are entitled to financial aid to pay medical bills, lost wages, pain and suffering and other related costs. Cellino Law, a Manhattan truck accident lawyer firm, is ready to fight for justice and compensation for their clients.
GPS tracking is one of the most efficient technologies in cases of accident. These devices are a staple of the trucking industry and frequently have a variety of important information that could be used to determine liability. A Qualcomm system, for instance, provide important information like speed and braking performance, engine performance, and service hours. This information can be paired with other evidence, for instance eyewitness testimony, to reconstruct the scene of a crash.
Other crucial pieces of information in a truck accident incident could include the records of the telematics software used by the trucking company and dash cameras. Telematics is the collection of information gathered by an automobile's onboard computer. It is used for training of fleet drivers and also to record incidents. The data can include speed, harsh braking and phone usage. This information can be compared with the log books of the truck drivers to determine whether accurate records were kept.
A fax report of any communications regarding the trip prior to the accident is equally important. This could include information on the route and destination, any stops along 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 not following safe procedures.
If a victim of a truck crash can prove that the trucking company or driver or any other defendants failed to meet their duty of care and caused the accident then they must be accountable for any injuries suffered as a result. Plaintiffs must show that the defendants violated a law or regulation, and that the violation caused harm. It is much simpler to show that a violation of an traffic law was negligent however, Federal regulations require a more intricate analysis.
Negotiating a Settlement
In many instances victims of truck accidents can settle their claim without having to go to trial. The process of negotiating a settlement involves discussing the details of your situation with an insurance company including the amount you are entitled to under the law of the state. A skilled attorney in truck accidents can evaluate your injuries and record the losses you have suffered due to the accident to determine much your case is worth. The attorney can then use the results of other similar lawsuits for truck accidents and the way juries awarded victims in similar situations to calculate a reasonable settlement amount.
Your lawyer can also work directly with the insurance company in order to ensure that the settlement you get will adequately cover the damage you've documented. This includes the amount you've paid because of your inability to work to seek treatment for your injuries. The lawyer can help you submit documentation for these losses, which could include former pay statements. If you're unable to return to the same type of job because of the injuries you sustained, you could be eligible for compensation for the loss of future earning capacity as well.
Insurance companies often begin the discussion with an offer that is low. This tactic is used to determine how eager you are to settle your case. It could have a negative impact on the value of your claim. A lawyer who is knowledgeable can avoid being deceived by staying calm and not allowing pressure to accept the terms of a settlement that are not adequate.
Once your lawyer has reached an acceptable settlement amount, they will send a written demand for settlement to the at-fault party and they must respond within 30 days, or your right to take action against the responsible party in court will be revoked. In certain cases the trucking company might refuse to negotiate. Your lawyer will initiate an action on behalf of the negligent party.
It is not possible to provide a general figure of what a truck accident settlement is worth, as each case is unique and has its own factors like the severity of your injuries and the length of time you will miss from work for medical treatments. But, it's not uncommon for truck accident settlements to be in the millions.