Truck Accident Litigation
Truck accident litigation can involve numerous possible defendants. These defendants may include the driver of the truck as well as their employer, as and a business that manufactured defective equipment, or a contractor who improperly loaded cargo.
Many trucks have event data recorders (also known as black boxes) which can aid investigators in determining what caused an accident occurred. Personal injury attorneys with experience will be able to verify the data in log books.
Investigation of the Scene
In the event of a car crash the first thing to do is gather evidence. In truck accidents, however, there are many more things to consider. For instance truck accidents often involve dangerous items, and even a relatively minor crash could result in serious or fatal injuries.
The process of investigation is more complex than a typical car accident. It is also longer, and it requires the help of experts in various fields. A lawyer who is qualified can help you locate the right experts to perform this work.
Interviewing eyewitnesses is a crucial part of a thorough truck accident investigation. Experts are also needed to reconstruct the accident by analyzing the physical evidence. This information is crucial to making a defendant accountable for the accident.
Furthermore, an attorney should seek out any information from the truck company and driver that could be relevant to the case. This could include information regarding the safety policies of the trucking company maintenance protocols, policies for maintenance, and training procedures. The past history of the driver is crucial. This includes any previous incidents, reprimands and drug/alcohol tests results.
Another evidence source to be gathered is the data from the truck's black box. These devices, which are similar to those found in planes, can offer an abundance of information regarding the incident. The information you require should be sought immediately by your attorney, since it could be lost due to the elements or passing traffic.
In addition, the attorney should also gather medical records from the victims of the crash. These records will aid in proving that the injuries sustained in the crash have resulted in significant and long-lasting damage. bolingbrook truck accident attorney is vital to preserve these documents, along with any medical notes or treatment plans that are available.
Expert Witnesses
Most truck accidents are settled between the insurance company, the person who was injured and the trucking company. However, there are some that do not and need to be brought to the court. This is where expert witnesses play a key role. They are experts with the knowledge and training required to evaluate the evidence in your case, and then provide their opinion to jurors. They can explain complicated medical, physical, mechanical, and economic concepts that many jurors are not aware of or have no understanding of.
The type of expert witness you require, they could be as straightforward as a mechanic who can determine why your vehicle was damaged in the accident, to metallurgists who can perform a failure analysis on an individual truck component or pathologists who determine the causes of death. They could also be required to examine and testify about specific elements of your case, like the force of the crash, vehicle velocity, or accident reconstruction.
Medical experts are also called upon to evaluate the severity and extent of your injuries. Insurance companies typically contest this area, claiming that you exaggerate the severity of your injuries or that they have pre-existing conditions and that the accident didn't cause any further harm. In these instances the lawyer will call an independent medical expert to challenge the testimony of the insurance company's doctor.
A witness who is an expert in the field can be helpful in proving that a truck driver was negligent. They will use their knowledge to help the jury comprehend the truck driver's failure to perform his or her duties, the financial consequences which resulted from this failure and how the failure affected the person who was affected.
GPS Tracking
When accidents involving trucks happen, it is not uncommon for victims to suffer serious injuries. They are entitled to compensation for medical expenses, lost wages, pain and suffering, along with other expenses. 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 methods used in the event of an accident. These devices are used by the trucking industry and typically contain a range of important information that help determine responsibility. A Qualcomm system, for instance, can provide important data on speed brake engines performance and hours of service. This information can be combined with other evidence like eyewitness testimony to help reconstruct the scene of the crash.
Dash cams and telematics data could be helpful in a truck accident. Telematics is the collection of data that is gathered by a vehicle's onboard computer. The data is used to coach fleet drivers and record incidents. This may include crucial details like speed, rough brakes, usage of phones and more. This can be compared against the log books of the truck driver to determine if the correct data was recorded.
A fax report of any communication concerning the trip before the accident is also crucial. This information can include the route, destination, any stops made during the journey and any messages exchanged between the trucker and the company. An experienced personal injury attorney can use this to prove that the truck driver was distracted, not following safe procedures or taking unnecessary risks.
If a victim of a truck accident is able to prove that the trucking company, truck driver, or any other defendants failed to uphold their duty of care and caused the collision, they should be held responsible for any injuries that may have occurred as a result. Plaintiffs must prove that the defendants broke a law or regulation, and that the violation caused harm. It is simpler to prove that a violation was negligent in the context of traffic laws, however federal regulations require a much more intricate analysis.
The process of negotiating a settlement
In many cases, a truck accident victim can settle their case without going to trial. In order to negotiate settlement, you'll need to discuss the specifics of your accident with the insurance company. This is the amount you are entitled under the law of your state. An experienced lawyer for truck accidents can assess your injuries and document the damage you've suffered due to the crash to determine how much your case is worth. The attorney can then use the results from other similar lawsuits related to truck accidents as well as the amount of compensation juries awarded victims in similar situations to determine a reasonable settlement amount.
Your lawyer may also be able to negotiate directly with the insurance company to ensure that the settlement you get is sufficient to cover the damages you have which are documented. This includes any amount you've lost because you were unable to work to receive treatment for your injuries. Lawyers can assist you to provide evidence of these losses, including former pay stubs. If you are unable to return to the same sort of job because of the injuries you sustained, you could be entitled to compensation for loss of future earning capacity as well.
Insurance companies typically begin the discussion with an offer that is low. This is a tactic used to test how desperate you are to negotiate a settlement and can affect the value of your case. A knowledgeable attorney can avoid being snubbed by a judge by remaining at peace and not giving in to pressure to accept an inadequate settlement.
Once your lawyer has reached a reasonable settlement amount, they'll send a settlement demand in writing to the party at fault, which must be answered within 30 days or your right to pursue the responsible party in court will be revoked. In some cases, the trucking company may refuse to negotiate. Your attorney will file an action on behalf of the party who was negligent.
It isn't possible for us to give a general estimate for the amount the settlement from a truck accident is worth, as each situation is different like the severity of your injuries as well as the length of time you'll miss from work to receive medical treatment. Truck accident settlements can reach millions of dollars.