Truck Accident Litigation
There are many potential defendants in the litigation involving truck accidents. The defendants could include the driver of the truck and their employer, as also a company that manufactured defective equipment or a contractor who improperly loaded cargo.
Many trucks have event data recorders, often referred to as black boxes, that can assist investigators in determining how the crash took place. Personal injury lawyers with experience will be able match the log book information with the accident.
alabama truck accident lawyer of the Scene
In the case of a car accident, the first thing to do is gather physical evidence. Truck accidents are not the same. There are many other aspects to consider. For instance trucks often transport dangerous items and even a minor crash can cause severe or fatal injuries.
The investigation process is more complicated than a typical car accident. It takes longer and requires the assistance of experts from different fields. Luckily, a reputable lawyer will connect you with the best people for this job.
A thorough investigation into the cause of a truck crash involves interviewing eyewitnesses as well as visiting the scene of the accident. Experts are also required to reconstruct the crash from the physical evidence. This is essential in finding a defendant accountable for the accident.
A lawyer should also inquire with 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 maintenance protocols, policies for maintenance, and training procedures. Also, the history of the truck driver is vital including any previous incidents, reprimands, or alcohol/drug test results.
The data gathered from the black box in the truck is another piece of evidence that should be collected. These devices, similar to those found in planes, may provide lots of details regarding the accident. Your lawyer must seek this information as quickly as possible, as it may disappear over time due to weather or the passing traffic.
A lawyer should also gather medical records of the victims. These records will aid in proving that the injuries sustained during the crash caused substantial and lasting damage. It is vital to preserve these documents, as well as any medical notes or treatment schedules that are readily available.
Expert Witnesses
While most accidents involving trucks result in an agreement between the insurance company and the victim however, some don't and must be heard in court. Expert witnesses are critical in these cases. They are professionals who have the experience and training to assess the evidence in your case, and then offer their opinion to jurors. They can explain complicated mechanical, physical, medical and economic concepts that a majority of jurors lack understanding of.
Depending on the kind of expert witness required, they could be as straightforward as a mechanic who will determine the reason your vehicle was damaged in the accident or metallurgists who conduct a failure analysis of the specific part of your truck, or pathologists who can determine the cause of death. They might be required to investigate and testify about specific elements of the case, such as the force of the crash and the velocity of the vehicle, or the accident reconstruction.
Another area in which experts are called in is for medical experts to determine the severity of your injuries. Insurance companies frequently contest this issue, claiming you exaggerate the severity of your injuries or that these were pre-existing conditions and that the accident didn't cause any additional harm. In these instances the lawyer will call an independent medical expert who will challenge the doctor's testimony for insurance companies.
Additionally an expert witness can be crucial to showing that the truck driver involved in the accident was negligent in some way. They will make use of their expertise to help the jury comprehend the truck driver's failure perform their duties as well as the financial implications which resulted from this failure, and how that failure affected you.
GPS Tracking
When accidents with trucks occur, it is not uncommon for their victims to suffer serious injuries. They are entitled to compensation for medical bills, lost wages and suffering and other expenses. Cellino Law, a Manhattan truck accident lawyer firm is ready to fight for justice and compensation for their clients.
GPS tracking is among the most effective technologies used for accident cases. These devices are a common feature of the trucking industry and frequently have a variety of vital information that can be used to determine liability. A Qualcomm system can, for instance, provide important information such as speed and braking performance as well as engine performance and service hours. This information can be combined with other evidence, like eyewitness testimony to help reconstruct the scene of the crash.
Other pieces of valuable information in a car accident case may include records from the trucking company's telematics system and dash cams. Telematics involves the collection of data gathered by the vehicle's onboard computer. This data is used to train fleet drivers and record incidents. This may include crucial details like speed, rough braking, phone usage and more. This information can be compared with the truck driver's log books to determine if accurate data was recorded.
Another important aspect is any fax communications records that may have been sent about the trip prior the accident. This could include information on the route and destination, any stops during the journey, and even the record of any communication between the truck driver and the company. This can be used by a seasoned personal injury lawyer to prove that the trucker was distracted or did not follow safe procedures.
If a truck accident victim can prove that the trucking company, driver or any other defendants, failed meet their duty of care and triggered the collision and caused the accident, they should be accountable for any injuries incurred as a result. To prevail, the plaintiff must show that the defendant acted in violation of a statute or regulation and that this violation directly caused harm. It is easy to prove that a violation was not negligent in the context of traffic laws, but federal regulations require a much more complex analysis.
Negotiating a Settlement
In many cases truck accident victims may settle their claim without going to trial. In order to negotiate a settlement, you'll need to discuss the specifics of your crash with the insurance company. This is the amount you are entitled under the law of the state. An experienced attorney for truck accidents can assess your injuries and document the damages you have suffered as a result of the crash to determine how your case is worth. The attorney can use the results of other similar cases involving truck accidents and the way juries have awarded victims in comparable situations to determine a fair settlement amount.
Your lawyer can also negotiate with the insurance company to ensure that the settlement you receive will cover your documented losses. This will include any amount you've lost because you were unable to work to seek treatment for your injuries. Lawyers can assist you to provide evidence of these losses, which could include former pay statements. If you're unable to return to the same kind of job because of your injuries, you may be entitled to compensation for the loss of future earning capacity as well.
Insurance companies typically begin the conversation by making a low-ball offer. This strategy is used to determine how eager you are to settle your claim and could have a negative impact on the value of your claim. A lawyer who is knowledgeable can avoid being lowballed by remaining calm, and not giving in to pressure to accept any settlement that isn't adequate.
After your lawyer has reached an acceptable settlement amount, they'll send a settlement demand in writing to the at-fault party and they must respond within 30 days or your right to sue the responsible party in court will be revoked. In certain cases the trucking company may refuse to negotiate and your lawyer will start a lawsuit against the negligent party.
It is impossible to provide an estimate for how much a truck accident settlement is worth, as each case has unique factors including the extent of your injuries and the amount of time you will miss working to undergo medical treatments. Settlements for truck accidents can range from millions of dollars.