Truck Accident Litigation
Truck accident litigation involves a wide range of potential defendants. These defendants could include the driver of the truck and their employer, as also a company that produced defective equipment or an individual contractor who improperly loaded cargo.
Many trucks are equipped with event data recorders (also known as black boxes) that can assist investigators in determining how the crash took place. santa ana truck accident attorney experienced personal injury lawyer will know how to match this information to log books.
Investigation of the Scene
When a car accident occurs the first step in an investigation is to collect evidence from the scene and take photos. Truck accidents are not the same. There are other factors to be considered. For example truck accidents often involve dangerous goods and even a minor crash can cause serious or fatal injuries.
This is because the investigation process is more complicated than a typical car accident. It is also more time-consuming and requires the help of experts from various areas. Luckily, a lawyer with experience can connect you with the best people for this job.
Eyewitness interviews are a vital part of a thorough accident investigation. It also requires the assistance of experts who can retrace the circumstances of the crash based on the evidence that is collected. This is essential in holding a defendant liable for the incident.
Furthermore, an attorney must request any information from the trucking driver and the company that could be relevant to the case. This could include information regarding the safety policies of the trucking company maintenance protocols, as well as training procedures. Additionally, the past of the truck driver is important including any previous incidents, reprimands or results of a drug/alcohol test.
The data from the black box of the truck is yet another source of evidence that must be gathered. These devices are similar to ones that are installed on airplanes and can provide a lot of information about how the accident happened. Attorneys must request this information as soon as possible, as it could disappear over time due to weather conditions or the passing traffic.
Finally, an attorney should also obtain medical records from the victims of the crash. These documents will help prove that the injuries suffered in the crash have resulted in significant and long-lasting damage. It is vital to keep these documents, along with any medical notes and treatment schedules.
Expert Witnesses
Although the majority of truck accidents end up in an agreement between the insurance company and the party who was injured Some do not, and need to be tried in the court. Expert witnesses play a key role. They are experts with the education and experience to evaluate the information in your case, and then give their opinion to the jurors. They can explain complex medical, physical, mechanical and economic concepts that the majority of jurors lack knowledge of.
The type of expert witness you require, they can be as simple as a mechanic who can figure out why your vehicle was damaged in the crash, to metallurgists who can conduct a failure assessment on the specific part of your truck, or pathologists who can determine the causes of death. They may also be needed to look into and testify on particular aspects of your case like the force of the collision, vehicle velocity, or even the reconstruction of the accident.
Medical experts are also called upon to verify the severity and extent of your injuries. Insurance companies will often contest this issue, claiming you exaggerate your injuries or that these were pre-existing conditions and that the incident didn't cause any additional harm. In these cases the attorney could call an independent expert to refute the insurance's doctor's testimonies.
A witness who is an expert in the field can be extremely beneficial in proving that the truck driver was negligent. They will utilize their knowledge to assist jurors in understanding the truck driver's failure to complete his or her job as well as the financial implications that resulted from that failure, and how that failure affected the person who was affected.
GPS Tracking
It is not unusual for victims of truck accidents suffer serious injuries. They are entitled to compensation for medical expenses, lost wages, suffering in addition to other costs. Manhattan truck accident lawyers from Cellino Law are prepared to find justice for their clients and fight to get the compensation they deserve.
One of the most effective tools in any case of accident is GPS tracking. These devices are an integral part of the trucking industry, and typically include a range of vital information that can be used to determine the liability. A Qualcomm system, for instance provides important data on speed brake engines performance and hours of service. This can be used in conjunction with other evidence, such as eyewitness testimony to help reconstruct the scene of the crash.
Dash cams as well as telematics records could also prove useful during a truck collision. Telematics is a set of data gathered by a vehicle's onboard computer. It's used for fleet driver coaching and to record incidents. This information can include speed, harsh braking, and phone usage. This can be compared to the log books of the truck drivers to determine whether accurate data was recorded.
Another important aspect is any fax records that may have been sent regarding the trip prior to the accident. This could include the route, destination, and any stops during the trip along with any messages sent between the trucker and the company. A skilled personal injury lawyer can use this information to prove that the truck driver was distracted, ignoring safety procedures, or taking risks that were not necessary.
If a victim of a truck accident can show that the trucking company, driver or other defendants failed in their duty of care and caused the accident they must be held responsible for any injuries incurred as a result. To prevail in a lawsuit, the plaintiff must prove that the defendant acted in violation of an act or regulation and that the breach directly caused harm. It is much easier to prove that a violation was negligent in the context of traffic laws, but federal regulations require a much more intricate analysis.
Negotiating a Settlement
In many instances, truck crash victims can settle their claims without going to court. The process of negotiating settlement involves discussing the details of your case with an insurance provider, including the amount you are entitled to under the law of your state. A lawyer for truck accidents can evaluate your injuries, and document your losses as a result to determine the worth of your case. The attorney will analyze the results of similar cases of truck accidents and the way juries have awarded victims in similar situations to determine the fair amount to settle.
Your lawyer may also be able to negotiate directly with the insurance company in order to ensure that the settlement you receive will adequately cover the damage you've acknowledged. This includes any money you've lost because you were unable to work to receive treatment for your injuries. The lawyer can help you provide evidence of these losses, such as old pay receipts. If your injuries stop you from returning to your previous job, you may also be eligible for compensation.
Insurance companies typically begin the discussion by making an offer that is not as high. This tactic is used to determine the level of urgency you have to settle your claim and could have a negative effect on the value of your claim. A seasoned attorney can prevent being snubbed by a judge by remaining neutral and refusing to give in to pressure to accept a poor settlement.
After your lawyer has reached an amount that is fair, they will send the person who is at fault an email request for settlement. The person who is responsible must respond within 30 days or you will lose the right to bring a lawsuit against them in court. In some cases the trucking company may refuse to negotiate. Your attorney will initiate a lawsuit on behalf of the party who was negligent.
It isn't possible for us to provide a general estimate of how much a truck accident settlement is worth as each case has unique factors such as the severity of your injuries as well as the length of time you'll be absent working to undergo medical treatments. However, it is not uncommon for truck accident settlements to be worth millions of dollars.