Truck Accident Litigation
The litigation involving truck accidents involves numerous possible defendants. It could include the truck driver and their employer and a manufacturer who produced defective equipment, or a contractor that loaded cargo in a way that was not properly.
Many trucks are equipped with event data recorders (also known as black boxes) that can assist investigators in determining what caused a crash happened. An experienced personal injury lawyer will be able to connect the information with log books.
Investigation of the Scene
In the event of a car crash the first thing you need to do is collect evidence. Truck accidents are different. There are many other aspects to consider. For austin truck accident law firm transport dangerous items and even a minor crash can cause serious or fatal injuries.
The process of investigation is more complex than a typical car accident. It is also more time consuming, and it requires the assistance of experts in a variety of fields. Luckily, a reputable lawyer will connect you with the best people to do this job.
Eyewitness interviews are a vital component of a thorough accident investigation. It also requires the assistance of experts who can retrace the events that led to the accident based on the physical evidence gathered. This is essential in finding a defendant accountable for the occurrence.
In addition, the attorney should seek out any information from the trucking driver and the company that might be relevant to the case. This could include information on the safety policies of the trucking company or training procedures, as well as maintenance protocols. Also, the history of the driver of the truck is crucial like any prior incidents, reprimands, or alcohol/drug test results.
The data from the black box in the truck is yet another piece of evidence that should be collected. These devices are similar to the ones found in airplanes, and can provide a great deal of details about how the accident occurred. The information you require should be sought as soon as possible by your attorney, because it could disappear over time because of the elements or traffic.
Additionally, an attorney should also collect medical records from the victims of the crash. These documents will prove that the injuries sustained during the accident have caused lasting and significant damage. It is important to keep these documents together with any notes from a doctor and treatment schedules.
Expert Witnesses
While most truck accidents result in a settlement between the insurance company and the injured party, some do not and need to be tried in the court. Expert witnesses are critical in these cases. They are professionals who have the training, knowledge, and expertise to evaluate the evidence in your case and then present their findings to the jury. They can explain complicated mechanics, medical concepts, and economic concepts to jurors who have little or no understanding of them.
Expert witnesses can range from a straightforward car mechanic to a metallurgist who can determine the failure of a truck's component or a pathologist who can determine what caused the death. They could also be required to look into and testify on specific elements of your case, such as the force of the crash or the vehicle's speed, or reconstruction of the accident.
Medical experts are also called upon to evaluate the extent and severity of your injuries. This is a subject which is often contested by insurance companies as they attempt to claim that you're exaggerating your injuries or that they were pre-existing and that the accident did not cause any additional damage. In these instances your lawyer will bring in an independent medical expert to counter the claims of the insurance company's doctor.
Finally, an expert witness can be vital when it comes to proving that the trucker who was involved in the accident was negligent in a certain way. They will use their expertise to help the jury comprehend the reasons why the truck driver was unable to perform his or her job, what that failure caused and the financial consequences that resulted from the inattention for you.
GPS Tracking
When accidents with trucks occur it is not uncommon for their victims to sustain serious injuries. They deserve compensation for medical bills, lost wages and suffering and pain, along with other expenses. Cellino Law, a Manhattan truck accident lawyer firm is prepared to fight for justice and compensation for their clients.
One of the most beneficial technologies in any case of accident is GPS tracking. These devices are used by the trucking industry and usually contain a wide array of data that help determine the liability of the driver. A Qualcomm system, for instance provides important data on speed, braking, engine performance and hours of service. This information can be used in conjunction with other evidence like eyewitness testimony to reconstruct the scene of the crash.
Dash cams and telematics records can also be useful in the event of a truck accident. Telematics is the process of collecting data gathered by the vehicle's onboard computer. This information is used to coach fleet drivers and to record incidents. This can include important information such as speed, hard braking, phone usage, and more. It can be compared with the truck driver's log books to determine if the correct data was recorded.
A fax log of any communication regarding the trip prior to the accident is equally important. It could contain information regarding the route and the destination, any stops during the journey, and even an account of any messages between the driver of the truck and the company. An experienced personal injury attorney could use this evidence to prove that the trucker was distracted, ignoring safety procedures, or taking unnecessary risks.
If a person injured in a collision with a truck can show 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 suffered as a result. To prevail in a lawsuit, the plaintiff must show that the defendant violated any law or regulation, and that this violation directly caused harm. It is much easier to prove that a breach of traffic laws was negligent however, Federal regulations require a more detailed analysis.
The process of negotiating a settlement
In many cases the truck accident victim is able to settle their case without having to go to trial. The process of reaching a settlement involves discussing the facts of your case with an insurance firm which includes the amount you are entitled to under state law. A skilled attorney in truck accidents can assess your injuries and record the losses you've suffered due to the accident to determine the value of your case is. The attorney will then be able to use the results of other similar lawsuits related to truck accidents as well as the verdicts of juries in similar situations to determine an appropriate settlement amount.
Your lawyer may also work with the insurance company to ensure that the settlement you receive covers your documented damages. This includes any amount you've lost because of your inability to work to get treatment for your injuries. The lawyer can assist you in submitting evidence for these losses including old pay receipts. If you are unable return to the exact same type of job due to the injuries you sustained, you could be eligible for compensation for the loss of future earning capacity as well.
Insurance companies often begin the conversation with a low-ball offer. This method is used to determine how eager you are to settle your case and could have a negative effect on the value of your claim. A lawyer who is knowledgeable can avoid being deceived by remaining calm and never succumbing to pressure to accept an offer that is not satisfactory.
After your lawyer has reached an acceptable settlement amount, they will send a written demand for settlement to the at-fault party and must be responded to within 30 days, or your right to bring a lawsuit against the responsible party in court will be revoked. In some instances a trucking company will refuse to negotiate, and your lawyer will bring a lawsuit against the negligent party.
It is not possible to give an estimate of the value of a truck crash settlement as each situation is unique. For example the severity of the injuries and the time you'll be off from work to receive medical treatment are factors that vary. Settlements for truck accidents can be millions of dollars.