Truck Accident Litigation
Truck accident litigation can involve a wide range of possible defendants. They could include the truck driver and their employer as well as a manufacturer that produced defective equipment or a company that loaded cargo in a way that was not properly.
Many trucks are equipped with event data recorders (also called black boxes) which can aid investigators in determining how a crash happened. Personal injury lawyers who have experience will be able to verify the data in log books.
Investigation of the Scene
In the event of a car crash, the first thing to do is collect evidence. However, in the case of truck accidents there are numerous other aspects to be considered. Trucks are typically carrying dangerous goods and even a minor accident can result in fatal or serious injuries.
league city truck accident attorney is more complex than the typical car accident. It is also more time-consuming, and it requires the assistance of experts from various fields. Luckily, a lawyer with experience can connect you 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 scene of the crash. Experts are also required to reconstruct the incident using the physical evidence. This information is crucial in holding a defendant liable for the accident.
A lawyer must also inquire of the trucking company as well as the driver for any information that may be relevant to the case. This could include information on the safety guidelines of the trucking company maintenance protocols, policies for maintenance, and training procedures. The past history of the driver is important. This includes any previous incidents, reprimands or alcohol/drug tests results.
The information from the black box of the truck is an additional source of evidence that must be gathered. These devices, similar to those installed in planes, can provide a lot of information about the accident. Attorneys should request this information as soon as possible, as it could fade over time due to weather conditions or the passing traffic.
A lawyer should also collect medical records of the victims. These records will show that the injuries sustained in the crash have caused long-lasting and significant damage. It is crucial to keep these documents along with any doctor's notes and treatment schedules.
Expert Witnesses
While the majority of truck accidents end up in a settlement between the insurance company and the party who was injured but some do not and need to be tried in court. This is where expert witnesses play a key role. They are professionals with the expertise, education and experience to assess the evidence in your case and present their views to the jury. They can explain complicated mechanical, physical, medical and economic concepts that a majority of jurors lack knowledge of.
The type of expert witness you require, they could be as straightforward as a mechanic who can determine why your vehicle was damaged during the accident and metallurgists who do a failure analysis on the truck part that is in question, or pathologists who can determine the reason for death. They may be required investigate and testify about particular aspects of the case, such as the force of the crash and the velocity of the vehicle, or the accident reconstruction.
Another crucial area where experts are consulted is to help medical experts verify the severity of your injuries. This is an area which is often contested by the insurance company since they may try to claim that you are exaggerating your injuries or that they were pre-existing injuries and that the accident did not cause any additional damage. In these instances your attorney can call an independent expert who will challenge the claims of the insurance's doctor.
Additionally an expert witness could be essential when it comes 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 how the truck driver failed to do his or her job, the consequences the failure led to and the financial implications of this negligence for you.
GPS Tracking
It is not uncommon to see victims of truck accidents sustain serious injuries. They are entitled to compensation for medical expenses, lost wages, suffering and pain, as well as other costs. Manhattan truck accident lawyers from Cellino Law are prepared to pursue justice for their clients and fight for the compensation they deserve.
GPS tracking is among the most efficient technologies in the event of an accident. These devices are a common feature of the trucking industry and usually have a variety of crucial information that can be used to determine liability. A Qualcomm system, for instance, can provide important information about speed and braking engines performance and service hours. This can be combined with other evidence such as 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 crash. Telematics is the collection of data gathered by the vehicle's onboard computer. It's used for training of fleet drivers and to record incidents. This can include important data like speed, harsh brakes, phone usage and more. It can be compared to the log books of truck drivers to see if accurate records were kept.
Another important piece of evidence is any fax records which may have been transmitted regarding the trip prior the accident. This can include information about the route and destination, as well as any stops along the way, and even an account of any messages between the truck driver and the company. This can be used by a skilled personal injury lawyer to prove that the trucker was distracted or ignoring safety procedures.
If a victim of a truck accident can show that the trucking company, driver, or any other defendants failed to uphold their duty of care and caused the accident, they should be held responsible for any injuries incurred as a result. Plaintiffs must prove that the defendants broke a law or regulation, and that this violation caused harm. It is much easier to prove that a violation was negligent when it comes to traffic laws, but federal regulations require a more complicated analysis.
The process of negotiating a settlement
In many instances truck accident victims can settle their case without going to trial. The process of reaching an agreement involves discussing the facts of your situation with an insurance company including the amount you are entitled to under the law of your state. An experienced truck accident attorney can assess your injuries and record the losses you have suffered as a result of the crash to determine how the value of your case is. The lawyer can then utilize the results of similar lawsuits involving truck accidents and the amount of compensation juries awarded victims in similar circumstances to determine an acceptable settlement amount.
Your lawyer can also work directly with the insurance company in order to ensure that the settlement you receive adequately covers the damages documented. This includes any amount you've lost as a result of missing work to get treatment for your injuries. The lawyer can help submit documentation for these losses, including former pay stubs. If you are unable return to the same kind of job due to your injuries, you may be entitled to compensation for loss of future earning capacity as well.
Insurance companies will often start the conversation by making an offer that is low. This strategy is used to determine how desperate you are to settle your case. It could have a negative effect on the value of your claim. A lawyer who is experienced can avoid being deceived by staying calm and not giving in to pressure to accept any settlement that isn't adequate.
Once your lawyer has negotiated an acceptable settlement amount, they will send a written settlement demand to the responsible party that must be addressed within 30 days or your right to pursue the responsible party in court will be revoked. In certain cases the trucking company may refuse to negotiate. Your attorney will start a lawsuit on behalf of the party who was negligent.
It is not possible to provide an estimate for how much a truck accident settlement is worth, as each case is unique including the extent of your injuries and the length of time you'll miss from work for medical treatments. But, it's not unusual for settlements from truck accidents to exceed millions of dollars.