Truck Accident Litigation
The litigation involving truck accidents involves a wide range of possible defendants. They could include the truck driver and their employer as well as a manufacturer that made defective equipment or a contractor that loaded cargo in a way that was not properly.
clarksville truck wreck lawyer have event data recorders (also known as black boxes) which can aid investigators in determining the cause of the crash took place. Experienced personal injury attorneys will know how to link this information with log books.
Investigation of the Scene
In the event of a car crash the first step of an investigation is to gather evidence in physical form and take photographs. Accidents involving trucks are distinct. There are more factors to be considered. Trucks are typically carrying dangerous goods, and even a minor accident could cause serious or fatal injuries.
The process of investigation is more complex than a typical car accident. It takes more time and requires the assistance of experts from different fields. Fortunately, a lawyer who is qualified can connect you with the most qualified people for this task.
The process of interviewing eyewitnesses is a vital element of a thorough truck accident investigation. It also requires the help of experts who can retrace the events that led to the accident based on the physical evidence gathered. This information is crucial to finding a defendant accountable for the accident.
A lawyer should also inquire with the trucking firm and the driver for any information that may be relevant to the case. This could include information regarding the safety policies of the trucking firm or training procedures, as well as maintenance protocols. Also, the background of the truck driver is important for any past incidents, reprimands or results of a drug/alcohol test.
Another piece of evidence to look for is the information from the truck's black-box. These devices are similar to the ones found in airplanes, and can provide a wealth of information on how the accident happened. Attorneys must request this information as soon as possible, as it may disappear over time due to the elements or the passing traffic.
The attorney should also obtain medical records from the victims of the crash. These documents will prove that the injuries suffered during the accident have caused lasting and extensive damage. It is crucial to keep these documents together with any doctor's notes and treatment schedules.
Expert Witnesses
Most truck accidents are settled between insurance company, the victim and the trucking company. However, some do not and need to be brought to court. Expert witnesses play a crucial role. They are professionals with the knowledge and training required to evaluate the evidence in your case, and then provide their opinions to jurors. They can explain complex mechanical, physical, medical and economic concepts that a majority of jurors are not aware of or have no understanding of.
Expert witnesses can vary from a basic car mechanic to a metallurgist who will examine the failure of a truck part or a pathologist to determine the cause of death. They may be required examine and testify to particular aspects of your case, for instance the force or the crash or the vehicle's velocity, or the reconstruction of the accident.
Medical experts are also called upon to verify the extent and severity of your injuries. Insurance companies often challenge the claim that you exaggerate your injuries, or the fact that these were pre-existing injuries and that the incident didn't cause any further harm. In these cases, your attorney may call an independent expert who will challenge the insurance's doctor's testimonies.
A witness who is an expert in the field can be very helpful in proving that a trucker was negligent. They will use their expertise to help the jury understand the reasons why the truck driver was not doing his or her job, what this negligence caused, and the resulting financial consequences of that inattention for you.
GPS Tracking
When truck accidents occur, it is not uncommon for their victims to suffer serious injuries. They should be compensated for medical expenses, lost wages, suffering in addition to other costs. Cellino Law, a Manhattan truck accident lawyer firm, is prepared to fight for justice and compensation for their clients.
One of the most beneficial tools in any case of accident is GPS tracking. These devices are utilized by the trucking industry, and they often contain a range of important information that can help determine responsibility. A Qualcomm system, for instance can provide crucial information including speed, braking engine performance, and hours of service. This information can be combined with other evidence like eyewitness testimony to help reconstruct the scene of the crash.
Other important pieces of information in a truck crash incident could include the records of the trucking company's telematics system and dash cams. Telematics is a set of information gathered by an automobile's onboard computer, which is used to coach fleet drivers and also to record incidents. The data can include speed, harsh braking and phone usage. This can be compared against the truck driver's log books to determine if accurate records were maintained.
A fax log of any communication regarding the trip prior to the accident is also vital. This can include the route, destination, any stops during the trip and any messages sent between the trucker and the company. An experienced personal injury lawyer can use this to show that the truck driver was distracted, following unsafe procedures, or taking unnecessary risks.
If a person injured in a collision with a truck can prove that the trucking company, driver or any other defendants, did not uphold their duty of diligence and caused the accident, then they should be held accountable for any injuries incurred due to the collision. To prevail, the plaintiff must prove that the defendant violated the law or regulation and that the breach directly caused harm. It is much simpler to prove that a violation of traffic laws was negligent, but Federal regulations require a more complex analysis.
The process of negotiating a settlement
In many instances the truck accident victim may settle their claim without going to trial. To reach an agreement, you'll need to discuss the facts of your accident with the insurance company. This includes the amount to which you are entitled to under the law of the state. An experienced truck accident attorney can evaluate your injuries and record the losses you have suffered due to the accident to determine the value of your case is. Then, the attorney can use the results of other similar cases involving similar truck accidents as well as the amount of compensation that juries have awarded victims in similar situations to determine the amount of a fair settlement.
Your lawyer may also work with the insurance company to ensure that the settlement you receive covers your documented damages. This includes any amount you've lost because you were unable to work to get treatment for your injuries. Lawyers can assist you to provide evidence of these losses, such as old pay statements. If you're unable to return to the exact same type of job due to the injuries you sustained, you could be eligible for compensation for the loss of earning potential in the future as well.
Insurance companies typically begin the conversation with an offer that is low. This is a typical tactic to determine how desperate you are to settle and could impact the value of your case. A lawyer who is experienced is able to avoid being mistreated by remaining calm, and not giving in to pressure to accept any settlement that isn't adequate.
Once your lawyer has agreed to a reasonable settlement amount, they will send a settlement demand in writing to the at-fault party and must be responded to within 30 days or your right to sue the responsible party in court will be revoked. In some instances the trucking company may refuse to negotiate. Your attorney will then initiate a lawsuit on behalf of the negligent party.
It isn't possible to provide an estimate of how much the settlement from a truck accident is worth as each case has unique factors such as the severity of your injuries as well as the amount of time that you'll be away from work for medical treatments. Settlements from truck accidents can amount to millions of dollars.