Why We Enjoy Truck Accident Attorneys (And You Should Too!)
Truck Accident Litigation
There are a myriad of potential defendants in truck accident litigation. They may include the truck driver and their employer as well as a manufacturer who produced defective equipment, or a contractor who loaded cargo in a way that was not properly.
Many trucks have event data recorders (also known as black boxes) that can assist investigators in determining why the crash occurred. Personal injury lawyers with experience can match the data in log books.
Investigation of the Scene
In the event of a car crash the first step of an investigation is to collect evidence physically and take pictures. In the case of truck accidents, however, there are many more aspects to be considered. For example, trucks are often transporting dangerous items and even a minor crash could result in severe or fatal injuries.
This is because the investigation process is more complicated than that of a standard car accident. It is also more time-consuming, and it requires the help of experts in a variety of fields. Luckily, a lawyer with experience can help you connect with the most qualified people for this job.
Interviewing eyewitnesses is an essential element of a thorough truck accident investigation. It also requires the assistance of experts who can determine the circumstances of the crash based on the evidence gathered. This information is crucial to holding a defendant responsible for the incident.
A lawyer must also inquire of the trucking company as well as the driver for any information that might be relevant to the case. This could include information about the safety guidelines of the trucking company maintenance protocols, policies for maintenance, and training procedures. The background of the driver is crucial. This includes any past incidents, reprimands, or drug/alcohol test results.
The data from the black box of the truck is a different source of evidence that must be gathered. These devices, which are similar to those installed in planes, may provide an abundance of information regarding the accident. The information you need should be requested immediately by your lawyer, as it could be lost due to the elements or traffic.
Additionally, an attorney should also gather medical records from the victims of the crash. These documents will help prove that the injuries suffered in the crash have caused a significant and lasting injury. It is crucial to preserve these documents, as well as any doctor's notes or treatment plans that are available.
Expert Witnesses
While the majority of truck accidents result in a settlement between the insurance company and the party who was injured, some do not and must be tried in court. This is where expert witnesses play a vital role. They are experts who have the experience, knowledge, and expertise to evaluate the facts in your case and present their views to the jury. They can explain complex mechanical, physical, medical and economic concepts that most jurors have no or little knowledge of.
Depending on the kind of expert witness required they can be as simple as a mechanic who can figure out why your vehicle was damaged during the accident and metallurgists that can perform a failure analysis on the specific part of your truck or pathologists who determine the causes of death. They may also be required to testify and examine specific aspects of your case like the force of the collision and the speed of the vehicle, or the reconstruction of an accident.
Another important area where experts are brought in is for medical experts to determine the severity of your injuries. This is an area which can be a major issue by the insurance company since they try to argue that you are exaggerating your injuries or that they were pre-existing and that the accident didn't cause any further damage. In hammond truck accident law firm will call an independent medical expert to challenge the claims of the insurance company's doctor.
A witness who is an expert in the field can be very helpful in proving that a truck driver was negligent. They can use their expertise to assist jurors in understanding the truck driver's failure to complete his or her job, the financial consequences of that failure and how the failure affected you.
GPS Tracking
It is not uncommon to see victims of accidents involving trucks suffer serious injuries. They are entitled to financial aid for medical expenses, lost wages, pain and suffering and other related costs. Manhattan truck accident lawyers from Cellino Law are prepared to find justice for their clients and fight for the compensation they deserved.
One of the most effective pieces of technology in the event of an accident is GPS tracking. These devices are an integral part of the trucking industry and usually come with a variety of important information that could be used to determine the extent of liability. A Qualcomm system provide, for instance, important information like speed of braking, engine performance, and service hours. This information can be paired with other evidence, including eyewitness testimony to reconstruct the scene of an accident.
Dash cams as well as telematics records could also prove useful in the event of a truck accident. Telematics is the collection of data that is gathered by a vehicle's onboard computer. This information is used to instruct fleet drivers and record incidents. This data could include speed, harsh braking, and phone usage. This information can be compared with the truck driver's log books to determine if the correct data was recorded.
Another important aspect is any fax messages which may have been transmitted regarding the trip prior to the incident. This could include information about the route, destination, and any stops on the way and any messages sent between the trucker and the company. An experienced personal injury attorney can use this information to prove 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 or driver or any other defendants, failed perform their duty of care, and caused the collision and caused the accident, they should be held accountable for any injuries sustained as a result. Plaintiffs must prove that defendants violated a law or regulation, and that the violation caused harm. It is easier to prove that a violation was negligent when it comes to traffic laws, but federal regulations require a more complicated analysis.
Negotiating a Settlement
In many instances the truck accident victim can settle their case without having to go to trial. The process of reaching a settlement involves discussing the details of your case with an insurance firm, including the amount you are legally entitled to under state law. A lawyer for truck accidents can assess your injuries and document your losses due to them, in order to determine the value of your case. The attorney can analyze the results of similar cases involving similar truck accidents as well as the way juries have awarded victims in similar situations to determine the fair amount to settle.
Your lawyer can also negotiate with the insurance company to make sure that the settlement you receive adequately covers your documented damages. This includes any money that you have lost due to missing work to receive treatment for your injury. The lawyer can assist you in submitting the necessary documentation for these losses, including old pay stubs. If you're unable to return to the same kind of job due to your injuries, you may be eligible for compensation for the loss of future earning capacity as well.
Insurance companies usually begin the conversation by making an offer that is low. This is a tactic used to test how desperate you are to settle your case and can affect the value of your case. An experienced attorney can avoid being snubbed by a judge by remaining neutral and refusing to give in to the pressure to accept a shoddy settlement.
After your lawyer has reached 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 bring a lawsuit against the responsible party in court will be forfeited. In certain cases the trucking company could refuse to negotiate. Your attorney will then start a lawsuit on behalf of the negligent party.
It isn't possible for us to give a general estimate for how much a settlement for a truck accident is worth, as each case has unique factors like the severity of your injuries and the amount of time that you'll be away from work to receive medical treatment. Truck accident settlements can reach millions of dollars.