Truck Accident Litigation
Truck accident litigation involves an array of potential defendants. They could include the truck driver and their employer, as well as a producer who produced defective equipment, or a contractor who loaded cargo in a way that was not properly.
Many trucks are equipped with event data recorders, often referred to as black boxes. These can aid investigators in determining the cause of the crash took place. Personal injury attorneys with experience can match the data in log books.
Investigation of the Scene
If a car accident happens the first step of an investigation is usually to gather evidence in physical form and take photos. However, in the case of truck accidents there are many other factors to take into consideration. For instance, trucks are often transporting dangerous products, and even a relatively minor accident can cause serious or fatal injuries.
The process of investigation is more complicated than a typical car accident. It is also longer, and it requires the help of experts from various areas. A qualified lawyer can help you locate the right professionals to handle this job.
Interviewing eyewitnesses is an essential part of a thorough accident investigation. Experts are also required to reconstruct the crash from the physical evidence. This information is crucial to making a defendant accountable for the incident.
houston truck accident attorney should also ask the trucking company as well as the driver for any information that might be relevant to a particular case. This could include information about the safety guidelines of the trucking company maintenance procedures, safety policies, and training procedures. Also, the history of the driver of the truck is crucial including any previous incidents, reprimands, or test results for alcohol or drugs.
The information contained in the black box of the truck is another piece of evidence that needs to be collected. These devices are similar to the ones that are installed in airplanes, and they can provide a great deal of information on how the accident occurred. The information you need should be requested as soon as possible by your attorney, as it could fade away over time because of the elements or other traffic.
In addition, the attorney should also obtain medical records from the victims of the crash. These documents will assist in proving that the injuries suffered during the crash caused substantial and lasting damage. It is vital to preserve these documents, as well as any doctor's notes or treatment plans that are available.
Expert Witnesses
Most truck accidents are settled between insurance company, the victim and the trucking company. However, some do not and need to be brought to the court. Expert witnesses are vital in these cases. They are professionals with the knowledge, training, and expertise to evaluate the evidence in your case, and then provide their opinion to the jury. They can explain complex medical concepts, mechanical concepts, and economic concepts to jurors who have only a basic understanding of them.
The type of expert witness required, they could be as basic as a mechanic who can identify why your vehicle was damaged in the crash and metallurgists who do a failure analysis on the specific part of your truck or pathologists who determine the reason for death. They may also be required to examine and testify about particular aspects of your case like the force of the crash or the vehicle's speed, or accident reconstruction.
Medical experts are also required to assess the severity and extent of your injuries. Insurance companies typically contest the claim that you exaggerate your injuries or that they have pre-existing conditions and that the incident didn't cause any additional damage. In these instances the lawyer will call an independent medical expert who will challenge the insurance company's doctor's testimony.
Additionally, an expert witness can be crucial to proving that the trucker who was involved in the accident was negligent in any way. They will use their knowledge to help the jury understand the truck driver's inability to complete his or her job and the financial consequences caused by that failure, and how that failure affected you.
GPS Tracking
When accidents with trucks occur, it is not uncommon for their victims to sustain serious injuries. They deserve financial support to deal with medical expenses loss of wages, pain and suffering and other related expenses. Cellino Law, a Manhattan truck accident lawyer firm, is ready to fight for justice and compensation for their clients.
One of the most useful tools in the event of an accident is GPS tracking. These devices are a standard of the trucking industry and usually contain a range of important data that can be used to determine the extent of liability. A Qualcomm system, for instance, can provide important information about speed as well as braking performance, engine performance and service hours. This information can be combined with other evidence, such as eyewitness testimony to reconstruct the scene of the crash.
Dash cams and telematics data can also be useful in the event of a truck accident. Telematics is a collection of data gathered by a vehicle's onboard computer. It's used for training of fleet drivers and for recording incidents. It can contain important data like speed, harsh brakes, usage of phones and more. This can be compared with the log books of the truck drivers to see if accurate records were recorded.
A fax log of any communications regarding the trip before the accident is also important. This information can include the route, destination, any stops during the trip, as well as any messages sent between the trucker and the company. This information can be used by a skilled personal injury lawyer to prove that the truck driver was distracted or not following safe procedures.
When a truck accident victim can prove that the trucking company, driver, or any other defendants failed in their duty of care and caused the collision and resulting injury, they should be held responsible for any injuries sustained due to. In order to win a case the plaintiff must prove that the defendant acted in violation of a statute or regulation and that this violation directly caused harm. It is much easier to prove that a breach of the traffic law was wrongful, but Federal regulations require a more complex analysis.
The process of negotiating a settlement
In many instances, truck crash victims can settle their claims without going to court. In order to reach a settlement, you'll be required to discuss the circumstances of your accident with the insurance company. This includes the amount that you are entitled under state law. An experienced truck accident attorney will evaluate your injuries and record the losses you've suffered as a result of the accident to determine the value of your case is. The attorney can use the results of other similar truck accident cases and how juries have rewarded victims in similar circumstances to decide on a fair settlement amount.
Your lawyer may also work with the insurance company to ensure that the settlement you receive covers the documented damages. This includes any money that you lost because you missed work to get treatment for your injury. The lawyer can assist you in submitting the necessary documentation for these losses, such as old pay stubs. If you are unable to return to the exact same type of job because of your injuries, you may be entitled to compensation for loss of future earning capacity as well.
Insurance companies typically begin the conversation by making an offer of low value. This is a tactic used to test how desperate you are to settle and can impact the value of your case. A knowledgeable attorney can avoid being snubbed by a judge by remaining neutral and refusing to give in to pressure to accept a low settlement.
Once your lawyer has reached an acceptable settlement amount, they will send a settlement demand in writing to the party responsible for the fault and they must respond within 30 days, or your right to sue the responsible party in court will be forfeited. In some cases, the trucking company may refuse to negotiate. Your attorney will then start an action on behalf of the party who was negligent.
It is difficult to give an estimate of the value of a settlement because each case is different. For instance the severity of the injuries and how long you'll miss work for medical treatment are some of the factors that vary. Settlements for truck accidents can be millions of dollars.