20 Fun Facts About Truck Accident Attorneys
Truck Accident Litigation
There are a lot of potential defendants in a lawsuit involving a truck accident. The defendants could include the driver of the truck and their employer as well as a company that manufactured defective equipment or a contractor who loaded cargo incorrectly.
Many trucks are equipped with event data recorders, also known as black boxes, which will help investigators determine the reason the crash happened. Professional personal injury attorneys know how to link the data with log books.
Investigation of the Scene
In the case of a car accident the first thing to do is gather physical evidence. Accidents involving trucks are distinct. There are other factors to be considered. For wilmington truck accident lawyer , trucks are often transporting dangerous items, and even a relatively minor crash could result in serious or fatal injuries.
The process of investigation is more complicated than a typical car accident. It takes longer and requires the help of experts from different fields. Luckily, a reputable lawyer can help you connect with the best people for this job.
A thorough investigation into the cause of a truck crash includes interviewing eyewitnesses, as well as going to the site of the crash. It also requires the help of experts who can retrace the events that led to the accident based on the evidence gathered. This information is vital in the case of a defendant being held accountable for the incident.
A lawyer should also contact the trucking company and driver for any information that could be relevant to a particular case. This could include information regarding the safety guidelines of the trucking company as well as training procedures and maintenance protocols. The past history of the driver is important. This could include any previous incidents, reprimands and drug/alcohol tests results.
The data gathered from the black box in the truck is an additional piece of evidence that should be collected. These devices, which are like those used in planes, may provide many details about the accident. The information you require should be sought as soon as you can by your attorney, because it may disappear in time because of the elements or traffic.
A lawyer should also gather medical records of the victims. These documents will assist in proving that the injuries sustained in the crash have resulted in significant and long-lasting damage. It is vital to keep these documents together with any notes from a doctor and treatment schedules.
Expert Witnesses
The majority of truck accidents are settled between the insurance company, the injured party and the trucking company. However, some are not and must be taken to court. Expert witnesses play a key role. They are experts with the experience and training to evaluate the evidence in your case, and provide their opinions to jurors. They can explain complex medical, physical, mechanical and economic concepts that a majority of jurors have little or no understanding of.
Based on the type of expert witness required, they could be as straightforward as a car mechanic who can determine why your vehicle was damaged in the crash, to metallurgists who can perform a failure analysis on the specific part of your truck or pathologists who determine the causes of death. They could be required to examine and testify to specific aspects of the case, such as the force of the collision and the velocity of the vehicle, or the reconstruction of the accident.
Another area in which experts are brought in is to help medical experts determine the severity of your injuries. This is an area that is frequently contested by the insurance company, as they will try to claim that you're exaggerating your injuries or that they were pre-existing injuries and that the accident didn't cause any further damage. In these instances your lawyer will call an independent medical expert who will challenge the insurance company's doctor's testimony.
Additionally, an expert witness can be crucial when it comes to finding out that the trucker at fault in the accident was negligent in some way. They will make use of their expertise to help the jury understand how the truck driver failed to do his or her job, what the failure led to, and the resulting financial consequences that resulted from the inattention for you.
GPS Tracking
When truck accidents occur, it is not uncommon for their victims to suffer serious injuries. They must be compensated for medical expenses, lost wages, suffering, in addition to other costs. Manhattan truck accident lawyers from Cellino Law are prepared to fight for justice on behalf of their clients and fight for the compensation they deserve.
One of the most effective technological tools in any accident case is GPS tracking. These devices are an integral part of the trucking industry and often come with a variety of important information that could be used to determine the extent of liability. A Qualcomm system provide important information such as speed and braking performance engine performance, service hours. This information can be used in conjunction with other evidence, like eyewitness testimony to help reconstruct the scene of the crash.
Dash cams and telematics reports may also be valuable in the event of a truck accident. Telematics is a collection of information gathered by a vehicle's onboard computer. It's used for fleet driver coaching and for recording incidents. The information could include speed, harsh braking and phone usage. This information can be compared to the truck driver's log books to see whether accurate data was recorded.
Another important aspect is any fax records that were sent out regarding the journey prior to the accident. This information can include the route, destination, and any stops 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 trucker was distracted, ignoring safety procedures, or taking risks that were not necessary.
When a truck accident victim is able to prove that the trucking company, truck driver, or any other defendants failed to adhere to their duty of care and caused the collision and resulting injury, they should be held accountable for any injuries suffered as a result. To prevail in a lawsuit, the plaintiff must prove that the defendant violated any law or regulation, and that the breach directly caused harm. It is simpler to prove that a violation was negligent in the context of traffic laws, however federal regulations require a more complex analysis.
Negotiating a Settlement
In many cases the truck accident victim may settle their claim without having to go to trial. In order to reach a settlement, you will have to discuss the details of your crash with the insurance company. This includes the amount to which you are entitled under the law of the state. A skilled attorney in truck accidents can evaluate your injuries and document the damage you've suffered due to the accident to determine the value of your case is. The lawyer can then utilize the results of similar truck accident lawsuits and the way juries awarded victims in similar situations to establish a reasonable settlement amount.
Your lawyer can also work directly with the insurance company to ensure that the settlement you get will adequately cover the damage you've documented. This will include any money you have lost because of your inability to work to seek treatment for your injuries. The lawyer can help document these losses, including former pay receipts. If you're not able to return to the exact same type of job due to your injuries, you may be eligible for compensation for the loss of future earning capacity as well.
Insurance companies typically start the discussion by making an offer of low value. This is a standard tactic to test how desperate you are to settle your case and can affect the value of your case. A lawyer who is knowledgeable can avoid being deceived by staying calm and not allowing pressure to accept an offer that is not satisfactory.
After your lawyer has negotiated an amount that is fair, they will send the at-fault person a written demand for a settlement. The party must respond within 30 days, or else you lose your right to bring a lawsuit against them in court. In some cases the trucking company might refuse to negotiate. Your attorney will then bring an action on behalf of the negligent party.
It isn't possible to provide a general figure of how much a truck accident settlement is worth, as each case is unique and has its own factors like the severity of your injuries as well as the amount of time you'll miss from work due to medical treatments. It is however not common for settlements for truck accidents to reach millions of dollars.