Truck Accident Litigation
There are a lot of potential plaintiffs in litigation over truck accidents. They may include the truck driver and their employer and a manufacturer that made defective equipment or a contractor who loaded cargo in a way that was not properly.
Many trucks are equipped with event data recorders, sometimes referred to as black boxes, that can help investigators determine how an accident occurred. Personal injury lawyers who are experienced know how to match this information with log books.
Investigation of the Scene
In the event of a car crash, the first step in an investigation is usually to gather physical evidence and take pictures. Truck accidents are different. There are a variety of factors to be considered. For buffalo truck accident law firm transport dangerous items and even a minor accident can cause fatal or serious injuries.
Due to this, the investigation process is more complicated than that of a normal car accident. It takes more time and requires the help of experts from various fields. A lawyer with experience can help you find the right people to do this task.
An extensive investigation into a truck accident involves interviewing eyewitnesses and going to the site of the accident. Experts are also required to reconstruct the incident by analyzing the physical evidence. This information is crucial in making a defendant accountable for the accident.
Additionally, the attorney should seek out any information from the truck driver and the company that might be relevant to the case. This could include information on the safety policies of the trucking firm training protocols, procedures for training, and maintenance procedures. Additionally, the past of the driver of the truck is crucial like any prior incidents, reprimands, or results of a drug/alcohol test.
The data gathered from the black box in the truck is a different piece of evidence that should be collected. These devices are similar to the ones that are installed in airplanes, and they can provide a wealth of information regarding how the accident happened. Your lawyer should request this information as soon as possible, as it could disappear over time because of the elements or the passing traffic.
In addition, the attorney should also obtain medical records from the victims of the crash. These records will show that the injuries sustained in the crash caused long-lasting and extensive damage. It is crucial to preserve these documents, as well as any medical notes or treatment schedules that are readily available.
Expert Witnesses
The majority of truck accidents are settled between the insurance company, the victim and the trucking company. However, there are some that do NOT and must be brought to the court. Expert witnesses play a key role. They are experts who have the training, knowledge and expertise to analyze the facts in your case and then provide their opinion to the jury. They can explain complex mechanical, physical, medical and economic concepts that many jurors have little or no knowledge of.
Depending on the kind of expert witness required they could be as basic as a car mechanic who can determine why your vehicle was damaged in the crash and metallurgists that can conduct a failure assessment on a specific truck part, or pathologists who can determine the causes of death. They may be required to examine and testify to particular aspects of your case, like the force or crash or the speed of the vehicle or the reconstruction of the accident.
Another important area where expert witnesses are called in is for medical experts to confirm the severity of your injuries. Insurance companies typically contest this claim, claiming that you exaggerate the severity of your injuries or that they were pre-existing issues and that the accident didn't cause any additional damage. In these instances your attorney can call an independent expert who will challenge the testimony of the insurance doctor.
Finally an expert witness could be crucial when it comes to showing that the truck driver involved in the accident was negligent in a certain way. They can use their expertise to help the jury comprehend the truck driver's omission to complete his or her job and the financial repercussions of that failure and how that lack of performance affected you.
GPS Tracking
It is not unusual for victims of truck accidents suffer severe injuries. They are entitled to compensation for medical expenses, lost wages, pain and suffering, as well as other costs. Manhattan truck accident lawyers from Cellino Law are prepared to fight for justice on behalf of their clients and fight to get the compensation they deserve.
One of the most effective technologies in any accident case is GPS tracking. These devices are used by the trucking industry, and usually contain a variety of vital information that can help determine liability. A Qualcomm system can provide important information like speed, braking performance engine performance, service hours. This information can be paired with other evidence, for instance eyewitness testimony, to reconstruct the scene of the crash.
Other crucial pieces of information in a car accident incident could include the records of the trucking company's telematics system and dash cameras. Telematics is the process of collecting data collected by a vehicle’s onboard computer. This data is used to train fleet drivers and to record incidents. This information can include speed, harsh braking, and phone usage. This can be compared with the log books of the truck drivers to determine whether accurate records were recorded.
Another important piece of evidence is any fax communication records that may have been sent regarding the trip prior to the incident. This could include the route, destination, any stops made on the way and any messages exchanged between the trucker and the company. An experienced personal injury lawyer can use this to show that the truck driver was distracted, followed unsafe procedures, or taking risks that were not necessary.
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 collision and caused the accident, they should be accountable for any injuries suffered due to the collision. To win a case, the plaintiff must show that the defendant violated any law or regulation, and that the violation directly caused harm. It is easier to prove that a breach of a traffic law was negligent however Federal regulations require a more complex analysis.
Negotiating a Settlement
In many instances, truck accident victims can settle their claims without going to court. To negotiate settlement, you'll be required to discuss the circumstances of your accident with the insurance company. This is the amount you are entitled under the law of the state. A truck accident lawyer can assess your injuries and document the losses you have suffered in order to determine the worth of your case. Then, the attorney can analyze the results of similar cases involving similar truck accidents as well as the amount of compensation that juries have awarded victims in similar circumstances to determine the fair amount to settle.
Your lawyer can also negotiate directly with the insurance company to ensure that the settlement you get adequately covers the damages that are documented. This will include any amount you've lost as a result of missing work to receive treatment for your injuries. The lawyer can assist you with submitting documentation to prove these losses including old pay statements. If you're unable to return to the same type of job because of the injuries you sustained, you could be entitled to compensation for the loss of future earning capacity as well.
Insurance companies will often start the conversation by making an offer that is low. This is a common tactic to determine how desperate are for a settlement and can impact the value of your case. A knowledgeable attorney can avoid being low-balled by remaining calm and never giving in to pressure to accept a low settlement.
Once your lawyer has reached an acceptable settlement amount, they'll send a settlement demand in writing to the at-fault party, which must be answered within 30 days, or your right to bring a lawsuit against the responsible party in court will be forfeited. In certain cases trucking companies will refuse to negotiate, and your attorney will pursue a lawsuit against a negligent party.
It is not possible to give a general estimate of how much the settlement from a truck accident is worth, as each situation is different, such as the severity of your injuries as well as the amount of time you'll miss from work for medical treatments. However, it is not uncommon for truck accident settlements to reach millions of dollars.